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File #: 4928   
Type: New Business - County Manager Status: Adopted
File created: 8/8/2022 In control: County Manager
On agenda: 8/16/2022 Final action: 8/16/2022
Title: Discussion Re: Proposed Charter Amendments to the Brevard County Home Rule Charter
Attachments: 1. RCRC Resolution No. 2022-001.pdf, 2. CRC Resolution No. 2022-002.pdf, 3. CRC Resolution No. 2022-003.pdf, 4. CRC Resolution No. 2022-004.pdf, 5. CRC Resolution No. 2022-005.pdf, 6. CRC Resolution No. 2022-006.pdf, 7. BCC Resolutions for Proposals 1 through 6.pdf, 8. Fiscal impact review of Charter amendments (R).pdf, 9. J3 08152022 Three Person Panel - Combined File.pdf

Subject:

Title

Discussion Re: Proposed Charter Amendments to the Brevard County Home Rule Charter

End

Fiscal Impact:

F.Y. 2022-23 Minimal cost of election related to adding ballot language to existing ballot

Fiscal Impacts provided as attachment

 

Dept/Office:

County Attorney’s Office

Requested Action:

Recommendation

Contingent upon approval by at least two members of three person review panel, recommend the Board adopt six resolutions authorizing the Supervisor of Election to hold a referendum on the Charter Review Commission’s six proposed amendments with the next general election.

End

Summary Explanation and Background:

 

Under Section 7.4, of the Charter the Board of County Commissioners shall appoint a Charter Review Commission every six years and the Charter Review Commission must meet and present its recommended amendments, to the Charter, within twelve months of their first meeting.  The 2021-2022 Charter Review Commission held their first meeting on August 12, 2021 and elected Mike Haridopolos as it’s Chair.

The Charter Review Commission held 11 meetings, including 6 public hearings.  The Charter Review Commission considered 24 proposed amendments to the Charter from Commission members and the public.  Under the adopted rules of procedure, any proposed amendment required the vote of at least ten members to pass.  Of the 24 proposed Charter amendments, six (6) amendments met the ten-vote threshold to be presented to the voters. 

Under the Charter, any amendment sponsored by the County Commission or the Charter Review Commission must be reviewed by an Independent Three Person Panel comprised of members with demonstrated experience in Florida Local Government Law that are either licensed to practice law in the State of Florida or have retired from a Florida Law Practice or the Florida Judiciary within the past five years. Amendments which have been approved by at least two members of the Three Person Panel must be placed on the ballot by the Board of County Commissioners by adopting a resolution calling a special election on the amendments. The Supervisor of Elections requires the approved ballot language by August 22, 2022.

The Charter Review Commission has proposed six amendments to the Brevard County Charter:

1.                     C.R.C. Resolution 2022-01: Attorney Review Panel passed 06/23/2022; proposed Ballot Summary Language approved 07/21/2022

2.                     C.R.C. Resolution 2022-02: Approval by 60% of Voters Voting on an Amendment passed 07/07/2022; proposed Ballot Summary Language approved 07/21/2022

3.                     C.R.C. Resolution 2022-03: Amend Section 5.2 Recall of County Officers and School Board Members passed 07/07/2022; proposed Ballot Summary Language approved 07/21/2022

4.                     C.R.C. Resolution 2022-04: Three Person Review Panel Process passed 07/07/2022; proposed Ballot Summary Language approved 08/04/2022

5.                     C.R.C. Resolution 2022-05: Filling a Vacancy in the Term of a County Commissioner passed 08/04/2022; proposed Ballot Summary Language approved 08/04/2022

6.                     C.R.C. Resolution 2022-06: Workforce and Supportive Housing passed 08/04/2022; proposed Ballot Summary Language approved 08/04/2022

 

Attached are the legal panel analyses of charter amendments proposed by the Brevard County Charter Review Commission. (C.R.C.)

Clerk to the Board Instructions: