""In every country where man is free to think and to speak, differences of opinion will arise from difference of perception, and the imperfection of reason; but these differences when permitted, as in this happy country, to purify themselves by free discussion, are but as passing clouds overspreading our land transiently and leaving our horizon more bright and serene." --Thomas Jefferson to Benjamin Waring"


FINAL RECOMMENDATIONS FOR

PROPOSED CHARTER AMENDMENTS FOR REFERENDUM

 (CHANGES TO EXISTING CHARTER ARE SHOWN BY DELETION AND ADDITION)

AMENDMENT 1:            Seven Commissioners (five elected within districts, two elected at large)

 

Ballot question:

 

SHALL SECTION 2.1 OF THE POLK COUNTY CHARTER BE AMENDED TO PROVIDE FOR FIVE COUNTY COMMISSIONERS ELECTED ONLY BY THE QUALIFIED ELECTORS OF THEIR DISTRICTS, AND TWO COMMISSIONERS ELECTED AT LARGE FROM THE ENTIRE COUNTY?

 

Chief purpose of the measure:

 

An amendment changing the number of County Commissioner districts from five to seven; providing for the election of five commissioners only by the qualified electors of their districts, and the election of two commissioners at large.

 

Section 2.1 is amended to provide as follows:

 

2.1            Composition.  There shall be seven members of the Board of County Commissioners.  Five of the seven commissioners shall reside one in each of five county commission districts, the districts together covering the entire county and as nearly equal in population as practicable, and each commissioner being nominated and elected only by the qualified electors who reside in the same county commission district as the commissioner, and with two of the seven commissioners being nominated and elected at large. There shall be five county commissioners' districts in Polk County, which shall be numbered one to five, inclusive, and shall be as nearly equal in proportion to population as possible. There shall be one county commissioner for each of such districts, who shall be elected by the qualified voters of the county.

 

[Transitional schedule:  If this Amendment is approved, no commissioner elected prior to 2003 shall be affected in his or her term of office. Commencing with the elections in 2004, each district commissioner shall be elected only by the qualified electors who reside in the same county commission district.  Two additional commissioners shall be elected at large at the general election of 2004.  One of such commissioners shall be elected for an initial term of two years, expiring with the terms of those commissioners elected in 2002, and one of such commissioners shall be elected for a term of four years, expiring with the terms of those commissioners elected in 2000. Thereafter all commissioners shall be elected for 4-year terms.  Upon the completion of the transition to seven commissioners, this schedule shall cease to be a part of the Charter.]

 

AMENDMENT 2:  Proposal of charter amendments by extraordinary majority of the Board of County Commissioners

 

Ballot question:

 

SHALL SECTION 8.3.1 OF THE POLK COUNTY CHARTER BE AMENDED TO PROVIDE THAT CHARTER AMENDMENTS MAY BE PROPOSED BY A MAJORITY PLUS ONE OF THE ENTIRE MEMBERSHIP OF THE BOARD OF COUNTY COMMISSIONERS?

 

Chief purpose of the measure:

 

An amendment maintaining the present requirement that charter amendments proposed to the electors by the Board of County Commissioners must be approved by an extraordinary majority of the Board, regardless of the number of Commissioners.

 

If Amendment 1 enlarging the number of Commissioners to seven is approved, Section 8.3.1 is amended to provide as follows:

 

8.3.1            Amendment by Board of County Commissioners. The Board of County Commissioners, upon the concurrence of not fewer than four a majority plus one of the entire number of members, shall have the authority to propose by ordinance amendments to this Charter not inconsistent with the State Constitution or with general law.

 

AMENDMENT 3:  Removal of fixed number of members of a Charter Review Commission

 

Ballot question:

 

SHALL SECTION 8.4 OF THE POLK COUNTY CHARTER BE AMENDED TO REMOVE THE REQUIREMENT OF A FIXED NUMBER OF 13 MEMBERS FOR A CHARTER REVIEW COMMISSION?

 

Chief purpose of the measure:

 

An amendment removing the existing requirement that 13 members be appointed to serve on a Charter Review Commission,  and continuing the present requirement that three members be appointed by the Chair of the Board of County Commissioners and two members be appointed by each other member of the Board, irrespective of the total number of commissioners.

 

If Amendment 1 enlarging the number of Commissioners to seven is approved, Section 8.4 is amended to provide as follows:

 

8.4            Charter review.   Not later than July 1 of the year 2001 and of every eighth year thereafter, the Board of County Commissioners shall appoint a Charter Review Commission to review the Charter of the county.  Each Charter Review Commission shall consist of thirteen persons.  The Chair of the Board of County Commissioners shall appoint three members of the Charter Review Commission, and each other member of the Board of County Commissioners shall appoint two members of the Charter Review Commission.  The county constitutional officers, by majority vote, shall appoint two members.  No elected official may serve on the Charter Review Commission.  Upon the death, resignation or removal of any member of the Charter Review Commission, the County Commissioner who made that appointment, or the majority of county constitutional officers who made that appointment shall appoint a successor.  The commission shall be funded by the Board of County Commissioners and shall be known as the “Polk County Charter Review Commission.”  It shall, within one (1) year from the date of its first meeting, present to the Board of County Commissioners, its recommendations for amendment or revision of the Charter or its recommendation that no amendment or revision is appropriate.  If amendment of revision is to be recommended, the Charter Commission shall conduct three (3) public hearings, at intervals of not less than ten (10) days, immediately prior to the transmittal of its recommendations to the Board of County Commissioners.  The Board of County Commissioners shall schedule a referendum on the proposed charter amendments or revisions concurrent with the next general election.  The Charter Review Commission may remain in existence until the general election for purposes of conducting and supervising education and information on the proposed amendments or revisions.  Appointments to the Charter Review Commission should reflect the standards set forth in Section 6.3 of this Charter.

 

AMENDMENT 4:            Salary of Commissioners

                                                                                     

Ballot question:

 

SHALL SECTION 2.5 OF THE POLK COUNTY CHARTER BE AMENDED TO PROVIDE A SALARY OF $49,500 PER YEAR FOR COUNTY COMMISSIONERS?

 

Chief purpose of the measure:

 

An amendment changing the base salary of County Commissioners from $33,500 per year to $49,500 per year, and continuing the present requirement that Commissioners may approve further increases only by unanimous approval, and not to exceed the average percentage increase in salaries of county employees or the consumer price index, whichever is less.

 

 Section 2.5 is amended to provide as follows:

 

2.5       Salary and other compensation.   The yearly salary and other compensation of Commissioners serving on the Board of County Commissioners shall be $33,500  $49,500 effective with the term beginning in November 2000 2002.  The Board of County Commissioners may amend the salary established in this Charter by ordinance, which requires, for passage, the unanimous vote of the members of the entire Board of County Commissioners.  Any increase shall not exceed the average percentage increase in the salaries of county employees for the fiscal year just concluded, or the percentage change in the U.S. consumer price index for the  previous year, whichever is less.  Any salary increase by ordinance shall not be effective until the first day of January in the year following the adoption of the increase.

 

AMENDMENT 5:            Nonpartisan County Officers

 

Ballot question:

 

SHALL SECTION 5.2.1 OF THE  POLK COUNTY CHARTER BE AMENDED TO PROVIDE FOR NONPARTISAN ELECTIONS FOR THE OFFICES OF CLERK OF CIRCUIT COURT, PROPERTY APPRAISER, SHERIFF AND TAX COLLECTOR?

 

Chief purpose of the measure:

 

An amendment providing for nonpartisan election of the Clerk of Circuit Court, Property Appraiser, Sheriff and Tax Collector, in addition to the office of Supervisor of Elections which is presently elected on a nonpartisan basis.

 

Section 5.2.1 is amended to provide as follows:

 

Nonpartisan offices.   Commencing with the primary and general elections in the year 2004, the offices of Clerk of Circuit Court, Property Appraiser, Sheriff, Supervisor of Elections, and Tax Collector shall be nonpartisan.

 

 

AMENDMENT 6:            Qualification of nonpartisan candidates by petition

Ballot question:

 

SHALL SECTION 5.2.3 BE AMENDED TO CONFORM THE CHARTER TO THE CONSTITUTION AND LAWS OF FLORIDA, BY THE REMOVAL OF ADDITIONAL  CHARTER REQUIREMENTS FOR QUALIFICATION OF NONPARTISAN CANDIDATES?

 

Chief purpose of the measure :

 

An amendment conforming the Charter to  recent Constitutional and statutory requirements, making uniform the petition requirements for candidates for both partisan and nonpartisan offices.

 

 Section 5.2.3 is amended to provide as follows:

 

5.2.3.            Qualification by petition.  A candidate for non-partisan office may qualify for election to such office by means of the petitioning process provided in general law. except that the required number of signatures of qualified electors shall be one and one-half per cent of the total number of registered electors of the County as shown by the compilation by the Department of State for the last preceding general election.

 

AMENDMENT 7:            Establishment of a Polk County Efficiency Commission

 

Ballot question:

 

SHALL ARTICLE 8 OF THE POLK COUNTY CHARTER, "MISCELLANEOUS PROVISIONS", BE AMENDED BY THE ADDITION OF SECTION 8.6 PROVIDING FOR THE ESTABLISHMENT, OPERATION AND REQUIRED RESPONSES TO A POLK COUNTY EFFICIENCY COMMISSION?

 

Chief purpose of the measure:

 

An amendment providing for the periodic appointment of a Polk County Efficiency Commission to study the organization, structure, and effectiveness or efficiency of any board, officer, department or other governmental unit included within the annual budget of the County; providing a method for appointing members and providing support and cooperation to the Efficiency Commission; requiring a report and recommendations from the Commission.

 

8.6       Polk County Efficiency Commission  [NEW SECTION]

 

Not later than January 31 of 2005 and of every eighth year thereafter, there shall be appointed a Polk County Efficiency Commission.

 

            8.6.1            Method of appointment.   Following the organizational meetings of the Board of County Commissioners and of the School Board after the general election of 2004 and each eighth year thereafter, the Chair of the Board of County Commissioners shall convene a nominating committee consisting of the Chair, the Chair of the School Board, a county constitutional officer selected by a majority of the elected county constitutional officers,  two elected Polk County municipal officials selected by the Ridge League of Cities, two persons selected by the Polk Association of Chamber Executives,  and one person selected by the League of Women Voters of Polk County.  Should any non-governmental organization named in this subsection cease to exist or fail to make a selection, a majority of the remaining members of the nominating committee may designate a successor organization of similar interests to select the necessary member of the nominating committee.  Any vacancy in the nominating committee shall be filled in the same manner as the original selection.  The nominating committee, having due regard for the principles of Section 6.3 of this Charter and the duties of the Polk County Efficiency Commission, shall by majority of its whole number appoint not less than 17 nor more than 25 members of the Efficiency Commission, and shall thereupon be dissolved.   In the event of the death, resignation, removal of residence from Polk County, or permanent disqualification or inability to serve of any member of the Efficiency Commission, a majority of the remaining members of the Efficiency Commission shall appoint a successor member.

 

            8.6.2            Qualifications of members.   Each member of the Polk County Efficiency Commission shall be a resident of and shall be registered as a voter in Polk County, and shall not be an elected official or employee of any governmental unit within Polk County.

 

            8.6.3            Duties of members and other officers. The Polk County Efficiency Commission shall elect a chair and, by majority of its whole number, adopt and amend its rules of procedure.  The Board of County Commissioners, in accordance with Section 2.8 of this Charter,  shall provide necessary funds for the work of the Commission, including but not limited to provision for the employment of an executive director.  The Efficiency Commission shall conduct a comprehensive study of  government in Polk County, including but not limited to the organization, structure, effectiveness and efficiency of any board, officer, authority, agency, division, department or other unit of government included within the budget approved by the Board of County Commissioners.  The study shall include an examination and analysis of the most effective and cost-efficient means of delivery of services to all of the citizens of the County in a responsible and effective manner, and may include consideration of private delivery of services and ways in which to coordinate effective and efficient delivery of services by, between and among governmental units, including municipalities and the School District.  The Commission shall also study the mission, goals and objectives of the selected governmental units.  This study shall examine whether the mission, goals and objectives of the governmental units are adequately measured for performance and outcomes using unbiased techniques; are communicated to the citizens of Polk County; and are consistent with public expectations.  All offices and departments of the Board of County Commissioners, and all other public officers and governmental units within the County, are directed to provide information and cooperation to the Efficiency Commission as may be necessary to the successful discharge of its duties. Requests for information made by the Efficiency Commission shall be submitted to the chief administrative officer of the governmental unit.

 

            8.6.4            Reports of Commission and required responses. The Efficiency Commission, after one or more public hearings,  shall complete and deliver to the Board of County Commissioners, the School Board of Polk County, each municipal government within Polk County, and to any other public officer or governmental body substantially addressed or affected thereby:

 

                        (1)  a report containing its interim recommendations, on or before January 31 of the year following appointment of the Efficiency Commission.  This requirement shall not prevent other or more frequent interim recommendations.

 

                        (2)  a  report containing its final recommendations, on or before January 31 of the second year following appointment of the Efficiency Commission.

 

                        (3)  any recommendations for amendment of the Polk County Charter.  Such recommendations may be immediately considered by the Board of County Commissioners for proposal to the electors in accordance with Section 8.3.1 of this Charter, at the next otherwise scheduled election occurring more than 60 days thereafter.  Any recommendations for charter amendment which the Board of County Commissioners has failed to propose to the electors shall be submitted by the Board of County Commissioners to the next regularly appointed Charter Review Commission for its consideration.

 

            After the delivery of the final report, the Polk County Efficiency Commission shall be dissolved.  Not later than twelve months after the delivery of each report of the Efficiency Commission, the County Manager shall deliver to each designated recipient of that report a compliance report showing actions taken or refused by any affected officer, board,  department or governmental unit with respect to each of the Efficiency Commission's recommendations.


AMENDMENT 8:            Enactment of Ordinances by Petition and Referendum

 

Ballot question:

 

SHALL SECTION 6.1 OF THE POLK COUNTY CHARTER BE AMENDED TO REDUCE FROM 6% TO 4% THE MINIMUM NUMBER OF ELECTORS' SIGNATURES REQUIRED FROM EACH COMMISSION ELECTION DISTRICT ON A PETITION TO INITIATE AN ORDINANCE?

 

Chief purpose of the measure:

 

An amendment reducing from 6% to 4% the number of signatures of electors of each commission election district necessary to initiate an ordinance; and preserving the existing requirement that the total number of signatures shall be 6% of the electors of the whole county.

 

Section 6.1 is amended to provide as follows:

 

6.1 Initiative.  The electors of Polk County shall have the right to initiate county ordinances in order to establish new legislation that is not in conflict with the State Constitution, general law or this Charter, and to amend or repeal existing ordinances when such amendments or repeal are not in conflict with the State Constitution or general law, upon petition signed by a number at least equal to six percent of the electors qualified to vote in the last preceding general election; provided that the number shall contain at least six four percent of the qualified electors in each commission election district.

 
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