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File #: 24-748   
Status: Agenda Ready
In control: County Attorney
Agenda Date: 6/4/2024 Final action: 6/4/2024
Title: A. MOTION TO ADOPT Resolution to place a proposed amendment to the Broward County Charter on the ballot for the November 5, 2024, General Election, amending Section 10.01 of the Broward County Charter to expand the authority of the Broward County Office of Inspector General, the title of which is as follows: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PROVIDING FOR A REFERENDUM ELECTION TO BE HELD ON NOVEMBER 5, 2024, THE DATE OF THE GENERAL ELECTION, TO DETERMINE WHETHER TO AMEND THE BROWARD COUNTY CHARTER TO EXPAND THE AUTHORITY OF THE OFFICE OF INSPECTOR GENERAL; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. (Sponsored by Commissioner Michael Udine) (A member of the public pulled this item from the Consent Agenda.) (Per the Tuesday Agenda Memorandum, the Board's consideration of this item is based on the item as amended by replacement Page 14 of Exhibit 2 submitted as Additional Material by Commissioner Udine.) ACTION: (T-11:53 AM) Appro...
Attachments: 1. Exhibit 1 - Proposed Resolution, 2. Exhibit 2 - Interlocal Agreement, 3. Exhibit 3 - Estimated Financial Impact of Proposed Charter Amendment, 4. Additional Material - Information
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Broward County Commission Regular Meeting                               

Director's Name:                     Andrew J. Meyers 

Department:                                           County Attorney 

 

Information

Requested Action

title

A. MOTION TO ADOPT Resolution to place a proposed amendment to the Broward County Charter on the ballot for the November 5, 2024, General Election, amending Section 10.01 of the Broward County Charter to expand the authority of the Broward County Office of Inspector General, the title of which is as follows:

 

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PROVIDING FOR A REFERENDUM ELECTION TO BE HELD ON NOVEMBER 5, 2024, THE DATE OF THE GENERAL ELECTION, TO DETERMINE WHETHER TO AMEND THE BROWARD COUNTY CHARTER TO EXPAND THE AUTHORITY OF THE OFFICE OF INSPECTOR GENERAL; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.

(Sponsored by Commissioner Michael Udine)

 

(A member of the public pulled this item from the Consent Agenda.)

 

(Per the Tuesday Agenda Memorandum, the Board's consideration of this item is based on the item as amended by replacement Page 14 of Exhibit 2 submitted as Additional Material by Commissioner Udine.)

 

ACTION: (T-11:53 AM) Approved Resolution No. 2024-294 as amended with Regular Meeting Additional Material, dated June 4, 2024, submitted at the request of Commissioner Udine. (Refer to minutes for full discussion.)

 

VOTE: 9-0.

 

B. MOTION TO APPROVE Interlocal Agreement Among and Between The School Board of Broward County, Florida, The Broward County Office of Inspector General, and Broward County, Florida, for the Provision of Inspector General Services (the “ILA”) attached as Exhibit 2, and to delegate authority to the County Administrator to execute the ILA, subject to approval as to form by the Office of the County Attorney, upon voter approval of the proposed charter amendment referenced in Motion A.

 

(A member of the public pulled this item from the Consent Agenda.)

 

(Per the Tuesday Agenda Memorandum, the Board's consideration of this item is based on the item as amended by replacement Page 14 of Exhibit 2 submitted as Additional Material by Commissioner Udine.)

 

ACTION: (T-11:53 AM) Approved as amended with Regular Meeting Additional Material, dated June 4, 2024, submitted at the request of Commissioner Udine. (Refer to minutes for full discussion.)

 

VOTE: 9-0.

 

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Why Action is Necessary

Formal Board approval is necessary for the adoption of a Resolution and approval of an Interlocal Agreement.

 

What Action Accomplishes

Enables the adoption of the Resolution and approval of an Interlocal Agreement.

 

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Previous Action Taken

 

 

Summary Explanation/Background

Currently, the Broward County Charter (the “Charter”) states that the authority of the Broward County Office of Inspector General (“OIG”) extends only to: (1) elected and appointed officials and employees of the County and municipalities within Broward County; and (2) entities and persons that provide goods or services to the County or municipalities within Broward County.

 

The School Board of Broward County, Florida (the “SBBC”), has requested that the OIG provide inspector general services to the SBBC. This would require, at minimum, an interlocal agreement and an amendment to the Broward County Charter. At its meeting on October 10, 2023, the Board directed the County Administrator and the County Attorney to coordinate with the OIG and the SBBC to bring a proposed charter amendment to the Board for its consideration.

 

If approved, Motion A would place an item on the ballot for the November 5, 2024, General Election that would expand the authority of the OIG to include the SBBC and constitutional officers for Broward County if the relevant governmental entity executes an interlocal agreement with the County and the OIG. In addition, under the proposed amendment, the County would have no obligation to fund any OIG services related to the SBBC. Six votes are required to approve Motion A.

 

If approved, Motion B would authorize the County Administrator to execute the ILA in substantially the form attached as Exhibit 2, subject to approval as to form by the Office of the County Attorney, upon voter approval of the proposed charter amendment.

 

The OIG and the SBBC both support this item.

 

Source of Additional Information

Oren Rosenthal, Senior Assistant County Attorney, 954-357-7600

 

Fiscal Impact

Fiscal Impact/Cost Summary

Pursuant to Section 11.07 of the Broward County Charter, a financial impact memorandum was provided by the County Auditor (Exhibit 3).