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Consolidation Commission Training Session - Welcome to Orange by chenmeixiu

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									    Consolidation
     Commission
   Training Session

   Board of County
Commissioners Chambers
    April 6, 2005
Consolidation Commission
  Consolidation Commission


 Timeline

 Funding & Budget

 Temporary Staffing

 Organizational Structure
  Consolidation Commission


 Timeline

 Funding & Budget

 Temporary Staffing

 Organizational Structure
   Consolidation Commission
 Timeline
  • November 2004: Referendum
    passed by 63%
  • January 11, 2005: BCC Ordinance
  • April 6, 2005: Training session
  • May 2006: Final meeting
  • September 1, 2006: Report due to
    both governments
  Consolidation Commission


 Timeline

 Funding & Budget

 Temporary Staffing

 Organizational Structure
  Consolidation Commission

 Funding & Budget
 • Orange County funding:
     Attorney

    Administrative Assistant

    Executive Director

    Office space/supplies
  Consolidation Commission


 Timeline

 Funding & Budget

 Temporary Staffing

 Organizational Structure
  Consolidation Commission

 Temporary Staffing
  Staff Liaisons
    Orange County – Linda Akins -
     Director of Government Relations
    City of Orlando – Jean Rousch-
     Burnett – Deputy City Attorney
  Meeting Minutes
    Orange County Comptroller’s
     Office
    City of Orlando Clerk’s Office
  Consolidation Commission


 Timeline

 Funding & Budget

 Temporary Staffing

 Organizational Structure
       Consolidation Commission

   Organizational Structure

              Consolidation Commission

                              Executive   County Staff
   Attorney
                               Director     Liaison
                                           City Staff
                                            Liaison
                        Administrative
                        Staff Assistant


** Hired Executive Director
       Consolidation Commission

   Organizational Structure

              Consolidation Commission

                       Administrative    County Staff
   Attorney
                       Staff Assistant     Liaison
                                          City Staff
                                           Liaison




** No Executive Director
   Legal Issues
 Member’s Statutory Obligations
 Constitutional Provisions:
  Consolidation/Transfer of Powers
 Charter Provision/Ordinance
 Status of Lawsuit Challenging
  Charter Amendment
 Legal Counsel Representation
 Rules of Procedure
 Summary
      Legal Issues
 Member’s Statutory Obligations
  –   Sunshine Law
  –   Public Records Law
  –   Conflicts of Interest
  –   Financial Disclosure
 Constitutional Provisions:
  Consolidation/Transfer of Powers
 Charter Provision/Ordinance
 Status of Lawsuit Challenging
  Charter Amendment
 Legal Counsel Representation
 Rules of Procedure
 Summary
  Legal Issues:
  Sunshine Law

 Purpose:

 Ensure public access to the
 decision-making process of
 public boards and committees
  Legal Issues:
  Sunshine Law

 Sunshine Law Applies:

 When two or more Commission
 members are gathered to
 discuss some matter which
 may foreseeably come before
 the Commission
 Legal Issues:
 Sunshine Law
 Meeting Requirements

 – Open to public
 – Prior reasonable notice
 – Minutes must be taken
  Legal Issues:
  Sunshine Law
 “Meetings” Can Mean:
 – Hallway talks
 – Phone calls
 – Notes and memos
 – Messages from mutual
   friends
 – Messages from staff
      Legal Issues
 Member’s Statutory Obligations
  –   Sunshine Law
  –   Public Records Law
  –   Conflicts of Interest
  –   Financial Disclosure
 Constitutional Provisions:
  Consolidation/Transfer of Powers
 Charter Provision/Ordinance
 Status of Lawsuit Challenging
  Charter Amendment
 Legal Counsel Representation
 Rules of Procedure
 Summary
  Legal Issues: Public
  Records Law

 Purpose:

 Allows any person to inspect
 and examine public records
  Legal Issues: Public
  Records Law

 Includes notes, memoranda
  and emails produced in
  relation to Commission
  business
   Legal Issues: Public
   Records Law
Inspection and Examination
  Public records shall be
   provided:
   – At a reasonable time
   – Under reasonable conditions
   – Under supervision of public
     records custodian
      Legal Issues
 Member’s Statutory Obligations
  –   Sunshine Law
  –   Public Records Law
  –   Conflicts of Interest
  –   Financial Disclosure
 Constitutional Provisions:
  Consolidation/Transfer of Powers
 Charter Provision/Ordinance
 Status of Lawsuit Challenging
  Charter Amendment
 Legal Counsel Representation
 Rules of Procedure
 Summary
 Legal Issues: Conflict
 of Interest

 Purpose:

 Designed to protect against
 use of a public position for
 individual gain
  Legal Issues: Conflict
  of Interest

 Voting Rules:

 Must vote unless you have a
 conflict of interest or an
 appearance of a conflict of
 interest
  Legal Issues: Conflict
  of Interest
 If Conflict or Appearance of
  Conflict:
  – Abstain from voting
  – Before vote, publicly state
    conflict
  – File form 8B with person who
    records minutes
      Legal Issues
 Member’s Statutory Obligations
  –   Sunshine Law
  –   Public Records Law
  –   Conflicts of Interest
  –   Financial Disclosure
 Constitutional Provisions:
  Consolidation/Transfer of Powers
 Charter Provision/Ordinance
 Status of Lawsuit Challenging
  Charter Amendment
 Legal Counsel Representation
 Rules of Procedure
 Summary
 Legal Issues:
 Financial Disclosure

 Purpose:

 Prevent committee members
 from being inappropriately
 influenced by special
 interests
   Legal Issues:
   Financial Disclosure
 Florida law requires disclosure of
  financial interests and certain gifts
  accepted

 Disclosure on forms created by the
  Commission on Ethics

 Form 1 must be completed and filed
  with the Supervisor of Elections
  within 30 days of appointment
  Legal Issues:
  Financial Disclosure

 Two Levels of Disclosure:
 – More comprehensive for elected
   officials and judges (i.e., gifts)

 – Less comprehensive for advisory
   board members and committee
   appointees
   Legal Issues
 Member’s Statutory Obligations
 Constitutional Provisions:
  Consolidation/Transfer of Powers
 Charter Provision/Ordinance
 Status of Lawsuit Challenging
  Charter Amendment
 Legal Counsel Representation
 Rules of Procedure
 Summary
   Legal Issues: Consolidation
   & Transfer of Powers

 1968 Constitution
  – Broadened powers of local
    government regarding home rule
  – Resulted in duplicate functions by
    cities and counties
 Constitutional Provisions
  – Consolidation
  – Transfer of powers
    Legal Issues:
    Consolidation
 Article VIII, Section 3

 Consolidation: A merger of two or
  more governmental entities into one
  governmental entity

 City of Jacksonville – Duval County
  – 1967
  – Consolidated all city and county
     functions
  Legal Issues:
  Consolidation
 Process
 – Special Act; and

 – Vote of electors of county or
   vote of electors of county
   and affected municipalities
   (Dual Referendum)
      Legal Issues: Transfer
      of Powers
 Article VIII, Sec. 4
 Transfer of Powers – A transfer of
  any function or power from a
  governmental entity to another
  governmental entity
   Sarasota County – Fire/EMS, Parks
       Stormwater Utilities
    Orange County Library District
   Legal Issues: Transfer
   of Powers
Transfer of Powers only Available for
Services – NOT for Regulatory Matters
   Examples of Regulatory Matters
    – Handgun sales
    – Unified beach code
    – Adult entertainment

   Examples of Services
    – Fire & Rescue – Parks – Utilities
    – Police – Planning/Zoning
      Legal Issues: Transfer
      of Powers
 Article VIII, Sec. 4
 Transfer of Powers – A transfer of
  any function or power from a
  governmental entity to another
  governmental entity
   Sarasota County – Fire/EMS, Parks
       Stormwater Utilities
    Orange County Library District
  Legal Issues: Transfer
  of Powers
 Process
 – Law or resolution of affected
   governments, and

 – Dual referendum, or

 – As otherwise provided by law
   Legal Issues
 Member’s Statutory Obligations
 Constitutional Provisions:
  Consolidation/Transfer of Powers
 Charter Provision/Ordinance
 Status of Lawsuit Challenging
  Charter Amendment
 Legal Counsel Representation
 Rules of Procedure
 Summary
     Legal Issues: Charter
     Provision
 Requires city and county to create a
  countywide consolidation study commission
 Appointment by city, county and Legislative
  delegation
 Conduct a comprehensive study of the
  consolidation of governmental services
 Hold at least 4 public hearings
 Adjourn no later than 18 months following
  the November 2004 referendum – May 2006
 Provide a report to Orange County and City of
  Orlando with findings & recommendations no
  later than September 1, 2006
  Legal Issues:
  Ordinance
 Includes Provisions of the Charter
  Amendment
 Requires BCC:
   To “evaluate impacts” of
    Commission recommendation
    within 180 days of report
   To hold public hearings on report
   To “initiate discussions” with
    Orlando on implementation of
    Commission recommendations
   Legal Issues
 Member’s Statutory Obligations
 Constitutional Provisions:
  Consolidation/Transfer of Powers
 Charter Provision/Ordinance
 Status of Lawsuit Challenging
  Charter Amendment
 Legal Counsel Representation
 Rules of Procedure
 Summary
    Legal Issues: Status of Law
    Suit Challenging Charter
    Amendment
 Complaint for Declaratory Injunctive
  Relief
  – Filed January 21, 2005
  – Challenged authority of CRC to
    create Intergovernmental Study
    Commission
 Motion to Dismiss filed February 10,
  2005
 Hearing scheduled May 4, 2005
   Legal Issues
 Member’s Statutory Obligations
 Constitutional Provisions:
  Consolidation/Transfer of Powers
 Charter Provision/Ordinance
 Status of Lawsuit Challenging
  Charter Amendment
 Legal Counsel Representation
 Rules of Procedure
 Summary
   Legal Issues
 Member’s Statutory Obligations
 Constitutional Provisions:
  Consolidation/Transfer of Powers
 Charter Provision/Ordinance
 Status of Lawsuit Challenging
  Charter Amendment
 Legal Counsel Representation
 Rules of Procedure
 Summary
  Legal Issues: Rules of
  Procedure

 BCC
 CRC
 Robert’s Rules
   Legal Issues
 Member’s Statutory Obligations
 Constitutional Provisions:
  Consolidation/Transfer of Powers
 Charter Provision/Ordinance
 Status of Lawsuit Challenging
  Charter Amendment
 Legal Counsel Representation
 Rules of Procedure
 Summary
    Consolidation
     Commission
   Training Session

   Board of County
Commissioners Chambers
    April 6, 2005

								
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