Loading...
HomeMy WebLinkAboutSubmittal-City Attorney Email' Submitted lnt6 the publiq record in connectio Gomez, Marta Mendez, Victoria onbehalf of8m.Julie Wednesday,February 08 20126:33PK4 Gomez, Marta; Mendez, Victoria FVV:Redisthcbng o Response tninquiry ofJenuary2O.2O12Commiwoion Meeting Piz print From: [ham,Maria ] Sent: Wednesday, FebruaryO8 2012 5:03 PM To:Samoff, Marc (Commissioner) Cc: ReQa|ado,Tomas (Mayor)) Suarez, Francis (Commissioner); CapoUo, Frank (Commissioner); Gort, VVifredo (Commissioner); Spence -Jones, Michelle (Commissioner District S1| Bru, Julie; CaroUo, Frank (Comm |ss|oner-Office); Castaneda,Prank; Diaz, Placido; Ferrari, G|n|;Jacksmn, Karen; Jenkins,Uorente, Mike; Moyor, Patricia; Nelson, Ron; Perez Nn�e�a,Jud�h; William ; Shiver, Cornelius; Wright, Steve Subject: Redistricting Criteria/Process Response to inquiry of January 26, 2012 Commission Meeting On January 26, 2012 you asked the following question: What are the effects of Amendments 5 and 6topolitical subdivisions ofthe State ofFlorida; further showing constitutionally, how the City of Miami exists asopolitical subdivision ofthe State of Florida |nNovember 2010,the voters added Amendments Sand 6tothe Florida Constitution. These Amendments prohibit line - drawing that intentionally favors or disfavors a political party or an incumbent. The Amendments also afford protection to racial and language minorities. Districts may not be drawn (1) with the intent or result of denying or abridging the equal opportunity ofracial orlanguage minorities toparticipate inthe political process; or/Z\to diminish their ability to elect representatives of their choice. Finally, unless it would conflict with the standards described above, the Amendments require that district populations be as nearly equal as practicable, and that districts be compact and, where feasible, follow existing political and geographical boundaries. ' � �' c An� 2uono section 21 � - ` �t� 1� m � ' �� �� c����a|a�|e����bo�do�sb��moin silent to the guidelines r'e-g-arding''municip6lities. A.co _ 'of,th.La exact text isbellow. py SE[T|ON20. Standards for establishing congressional district boundaries. —In establishing congressionaldistrict boundaries: (a) No apportionment p Ian or individual district shall be drawn with the intent to favor or disfavor a political pa r-ty or an incumbent; and districts shall not be drawn with the intent or result of denying or abridging the equal opportunity of racial or language minorities to participate in the political process or to diminish their ability to elect representatives of their choice; and districts shall consist ofcontiguous territory. /b\ Unless compliance with the standards in this subsection conflicts with the standards in subsection 1(m) or with federal law, districts shall be as nearly equal in population as is practicable; districts shall be compact; and districts shall, where feasible, utilize existing political and geographical boundaries. (c) The order in which the standards within subsections 1(a) and (b) of this section are set for-th shall not be read to establish any priority of one standard over the other within that subsection. l � , - /..� _���v�'�4 ��/ ~-'~~_ _= *is.tRry.—Proposed by Initiative Petition filed with the Secretary of State September28, 2007;adopted 2010. '---' _ Gte—'rThies'didu���nsvfoecuonz0'as�appeuedinAmendment No. 6,pmpo^edhvin�a �mpet��"�|ed w�hthe �o��rvof�a� ' 'Septemherz8'aOn7,ondadoptedinoVzo'weedemgnated(l)-(3);theeditun,edeignatedd`emas(a)'(c)toconfonntothofonnsofVa State Constitution. SECTION 21. Standards for establishing legislative district bmundaMms,--|nestablishing legislative district boundaries: (a) No apportionment plan or district shall be drawn with the intent to favor or disfavor a political party or an incumbent; and districts shall not be drawn with the intent or result of denying or abridging the equal opportunity of racial or language minorities to participate in the political process or to diminish their ability to elect representatives oftheir choice; and districts shall consist ofcontiguous terhtory. (b) Unless compliance with the standards inthis subsection conflicts with the standards insubsection 1(a)orwith federal law, districts shall beasnearly equal inpopulation asispracticable; districts shall becompact; and districts shall, where feasible, utilize existing political and geographical boundaries. (c) The order in which the standards within subsections 1(a) and (b) of this section are set forth shall not be read to establish any priority of one standard over the other within that subsection, History. —Pro posed by Initiative Petition filed with the Secretary of State September 28, 2007; adoptedIO1D. lNote.—The subsections of section 21, as It appeared in Amendment No, 5, proposed by Initiative Petition filed with the Secretary of State September 28, 2007, and adopted in 2010, were designated (1)-(3); the editors redesignated them as (a)-(c) to conform to the format of the State Constitution. SECTION 1. Counties. — (a) POLITICAL SUBDIVISIONS. The state shall be divided by law into political subdivisions called counties. Counties may be created, abolished or changed by law, with provision for payment or apportionment of the public debt. /b\COUNTY FUNDS. The came, custody and method of disbursing county funds shall beprovided by general law. (c). GOVERNMENT. Pursuant togeneral orspecial law,acountygovernrnentmnaybe established bvcharter which shall be adopted, amended or repealed only upon vote of the electors of the county in a special election called for that purpose. A)VIOLATION (JFORDINANCES. Persons violating county ordinances shall be prosecuted and punished asprovided bv H. H.J.R. 1907, 1973; adopted 1974; Am. HJ.R.452, 1984; adopted 1984; Am. H.J.R. 125, 1998; adopted 1998; Am. proposed by Constitution Revision Commission, Revision No. 8, 1998, filed with the Secretary of State May 5, � bmInto' the publid 2 ' ON 2.Mmnicipailties,- (m) ESTABLISHMENT.Munkjpahtiesmaybeestab|ishedorabo|ishedandtheirchartemamendedpursuanttogwnera|o, special law. When any municipality is abolished, provision shall be made for the protection of its creditors. (b) POWERS. Municipalities shall have governmental, corporate and proprietary powers toenable them to conduct municipal government, perform municipal functions and render municipal services, and may exercise any power for municipal purposes except as otherwise provided by law. Each municipal legislative body shall be elective. (c) ANNEXATION. Municipal annexation of unincorporated territory, merger of municipalities,and exercise ofextra- territorial 'Note. --Section 11 of Art. VIII of the Constitution of 1885, as amended, reads as follows: SECTION 12.Dade County, home rule charter,'2\The electors ofDade County, Florida, are granted power toadopt, revise, and amend from time to time a home rule charter of government for Dade County, Florida, under which the Board of County Commissioners of Dade County shall be the governing body. This charter: (a) Shall fix the boundaries of each county commission district, provide a method for changing them from time to time, and fix the number, terms and compensation of the commissioners, and their method of election. (b) May grant full power and authority to the Board of County Commissioners of Dade County to pass ordinances relating to the affairs, property and government of Dade County and provide suitable penalties for the violation thereof; to levy and collect such taxes as may be authorized by general law and no other taxes, and to do everything necessary to carry onacentral metropolitan government inDade County. (c)May change the boundaries of, merge, consolidate, and abolish and may provide amethod for changing the boundaries of, merging, consolidating and abolishing from time totime all municipal corporations, county ordistrict governments, special taxing districts, authorities, boards, orother governmental units whose jurisdiction lies wholly within Dade County, whether such governmental units are created by the Constitution or the Legislature or otherwise, except the Dade County Board of County Commissioners as it may be provided for from time to time by this home rule charter and the Board ofPublic Instruction ofDade County. (d)Mav provideamethodbvvvhichanyandaUofthefunctionsorpom/ersofanymun)dpa|corporatomorother governmental unit in Dade County may be transferred to the Board of County Commissioners of Dade County. (e) May provide a method for establishing new municipal corporations, special taxing districts,and other governmental units in Dade County from time to time and provide for their government and prescribe their jurisdiction and powers. (f) May abolish and may provide a method for abolishing from time to time all offices provided for by Article VIII, Section 6, of the Constitution or by the Legislature, except the Superintendent of Public Instruction and may provide for the conso|idationandtransferofthefunct|onsofsuchoffices,provided,hbm/wver,thatthmreshaUbenopovvertoabo1ishor impair the jurisdiction of the Circuit Court or to abolish any other court provided for by this Constitution or by general law, or the judges or clerks thereof although such charter may create new courts and judges and clerks thereof with jurisdiction to try all offenses against ordinances passed by the Board of County Commissioners of Dade County and none of the other courts provided for by this Constitution or by general law shall have original jurisdiction to try such offenses, although the charter may confer appellate jurisdiction on such courts, and provided further that if said home rule charter shall abolish any county office or offices as authorized herein, that said charter shall contain adequate provision for the carrying on of all functions of said office or offices as are now or may hereafter be prescribed by general law. Submitted Into the publi Priscilla A. Thompson (g) Shall provide a method by which each municipal corporation in Dade County shall have the power to make, amend or repeal its own charter. Upon adoption of this home rule charter by the electors this method shall be exclusive and the Legislature shal I have no power to amend or repeal the charter of any municipal corporation in Dade County. (h) May change the name of Dade County. (i) Shall provide a method for the recall of any commissioner and a method for initiative and referendum, including the initiation of and referendum on ordinances and the amendment or revision of the home rule charter, provided, however, that the power mfthe Governor and Senate relating tothe suspension and removal ofofficers provided for in thisConstitution shall not be impaired, but shall extend to all officers provided for in said home rule charter. (2) Provision shall be made for the protection of the creditors of any governmental unit which is merged, consolidated, or abolished or whose boundaries are changed or functions or powers transferred. (3)This home rule charter shall be prepared by Metropolitan Charter Board created by the Legislature and shall be presented tothe electors ufDade County for ratification or rejectioninthe manner provided bvthe Legislature. Until a home rule charter is adopted the Legislature may from time to time create additional Charter Boards to prepare charters tabepresented tothe electors ofDade County for ratification or rejectioninthe manner provided bythe Legislature. Such Char -ter, once adopted by the electors, may be amended only by the electors of Dade County and this charter shall provide a method for submitting future charter revisions and amendments to the electors of Dade County. (4) The County Commission shall continue to receive its pro rata share of all revenues payable by the state from whatever source tothe several counties and the state ofFlorida shall pay tPthe Commission all revenues which would have been paid to any municipality in Dade County which may be abolished by or in the method provided by this home rule charter; provided, however, the Commission shall reimburse the comptroller of Floridafortheexpenoeincuned|f any, |nthe keeping ofseparate records todetermine theanmountsofmoneyvvhichvvmu|dhavebeenpayab|etwanysuch /5\Nothing |nthis section shall limit orrestrict thepovveroftheLegislatunetoenactgenera|lavvswhichshaUne|ateto Dade County and any other one or more counties in the state of Florida or to any municipality in Dade County and*any other one or more municipalities of the State of Florida, and the home rule charter provided for herein shall not conflict with any provision of this Constitution nor of any applicable general laws now applying to Dade County and any other one or more counties of the State of Florida except as expressly authorized in this section nor shall any ordinance enacted in pursuance to said home rule charter conflict with this Constitution or any such applicable general law except as expressly authorized herein, nor shall the charter of any municipality in Dade County conflict with this Constitution or any such applicable general law except asexpressly authorized herein, provided however that said charter and said ordinances enacted in pursuance thereof may conflict with, modify or nullify any existing local, special or general law applicable only toDade County. (6) Nothing in this section shall beconstrued tolimit cvrestrict the power ofthe Legislature tnenact general laws which shall relate to Dade County and any other one or more counties of the state of Florida or to any municipality in Dade County and any other one or more municipalities of the State of Florida relating to county or municipal affairs and all such general laws shall apply to Dade County and to all municipalities therein to the same extent as if this section had not been adopted and such general laws shall supersede any part or portion of the home rule charter provided for herein in conflict therewith and shall supersede any provision of any ordinance enacted pursuant to said charter and in conflict therewith, and shall supersede any provision of any charter of any municipality in Dade County in conflict therewith. (7) Nothing in this section shall be construed to limit or restrict the power and jurisdiction of the Railroad and Public 'Utilitiesother state agency, bureau orcommission now orhereafter m/and said state agencies, bureaus and comnmissionsshaUhave the �V� ' _-_h - sh_l__ dob_'- -- _ - ---_ .'-� -in (8) if any section, subsection, sentence, clause or provisions of this section is held invalid as violative of the provisions of Section 1 Article XVII of this Constitution the remainder of this section shall not be affected by such invalidity. (9) It is declared to be the intent of the Legislature and of the electors of the State of Florida to provide by this section home rule for the people of Dade County in local affairs and this section shall be liberally construed to carry out such purpose, and it is further declared to be the intent of the Legislature and of the electors of the State of Florida that the provisions of this Constitution and general laws which shall relate to Dade County and any other one or more counties of the State of Florida or to any municipality in Dade County and any other one or more municipalities of the State of Florida enacted pursuant thereto by the Legislature shall be the supreme law in Dade County, Florida, except as expressly provided herein and this section shall be strictly construed to maintain such supremacy of this Constitution and of the Legislature in the enactment of general laws pursuant to this Constitution. Kira L. Grossman, Assistant City Attorney City of Miami Office of the City Attorney 444 S.W. 2nd Avenue, 9th Floor Miami, Florida 33130 Telephone: 305-416-1894 Facsimile: 305-416-1801 Please consider the environment before printing this e-mail. This electronic mail message contains CONFIDENTIAL information which is (a) ATTORNEY - CLIENT PRIVILEGED COMMUNICATION, WORK PRODUCT, PROPRIETARY IN NATURE, OR OTHERWISE PROTECTED BY LAW FROM DISCLOSURE, and (b) intended only for the use of the Addressee(s) named herein. If you are not an Addressee, or the person responsible for delivering this to an Addressee, you are hereby notified that reading, copying, or distributing this message is prohibited. If you have received this electronic mail message in error, please reply to the sender and take the steps necessary to delete the message completely from your computer system. Submitted Into the public record in connection with item 1)5 3 on 2/902 Priscilla A. Thompson City Clerk SUBMITTED INTO THE PUBLIC RECORD FOR ITE bs.no 0 la..