Broward County Commission Regular Meeting
Director's Name: Gretchen Cassini
Department: Mobility Advancement Program
Information
Requested Action
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A. MOTION TO ADOPT Resolution waiving the requirement in Section 34.3(a) of the Broward County Administrative Code that all seven members of the Appointing Authority for the Transportation Surtax Oversight Board be present for the Appointing Authority to meet and conduct business.
B. MOTION TO DIRECT County Attorney’s Office to draft an Ordinance amending Section 31½-75(c) of the Broward County Code of Ordinances to revise positions on the Appointing Authority due to dissolution of various entities and departments that designate members.
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Why Action is Necessary
A. Formal approval by the Broward County Board of County Commissioners (“Commission”) is necessary for the adoption of a Resolution waiving a section of the Broward County Administrative Code.
B. Commission direction is required for the County Attorney’s Office to draft a proposed Ordinance.
What Action Accomplishes
A. Waives the requirement contained in Section 34.3(a) of the Broward County Administrative Code that requires all seven members of the Appointing Authority to be present at a meeting to conduct business, thereby allowing the Appointing Authority to hold a meeting on April 1, 2026, to appoint a replacement member to the Transportation Surtax Oversight Board.
B. Directs the County Attorney’s Office to draft an Ordinance.
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Previous Action Taken
None.
Summary Explanation/Background
THE MOBILITY ADVANCEMENT PROGRAM AND COUNTY ADMINISTRATION RECOMMEND APPROVAL OF THIS ITEM.
Pursuant to Section 31½-75(c) of the Broward County Code of Ordinances (“Code”), a seven-member appointing authority is established to make nominations and appoint the nine members of the Transportation Surtax Oversight Board (“Oversight Board”). Section 31½-75(c)(2) of the Code states that one of the seven members of the Appointing Authority shall be “The designee of the Broward County Council of Chambers (of Commerce).”
Section 34.3(a) of the Broward County Administrative Code (“Administrative Code”) includes a requirement that all seven members of the Appointing Authority be present to conduct business. This policy is not legally required and was initially requested by the Appointing Authority when it was first constituted.
The Broward County Council of Chambers of Commerce was administratively dissolved by the Florida Secretary of State in September 2024 for failure to file an annual report and has not since been reactivated. Accordingly, there is no ability for that group to identify a designee to the Appointing Authority. Additionally, since the Appointing Authority was created, there may have been other changes to the organizations that make designations that need to be reviewed and, if necessary, revised.
The Appointing Authority is currently scheduled to meet on April 1, 2026, to consider nominations and make an appointment to fill a current vacancy on the Oversight Board but cannot conduct business because of the requirements of Section 34.3(a).
If the Commission approves Motion A, it will adopt a Resolution (Exhibit 1) temporarily waiving Section 34.3(a) of the Administrative Code, finding good cause for authorizing the Appointing Authority to conduct business at its April 1, 2026, meeting and make nominations and an appointment to the Oversight Board. This waiver is intended to be temporary to address the need for the Appointing Authority to take action at its next meeting to fill a vacancy on the Oversight Board.
If the Commission approves Motion B, the County Attorney’s Office will coordinate with County Administration and the Mobility Advancement Program to prepare an ordinance for Board consideration amending the Appointing Authority provisions to reflect updated positions at participating entities and to recommend replacement organizations to make designations to the Appointing Authority.
Source of Additional Information
Nathaniel Klitsberg, Transportation Surtax General Counsel, 954-357-7622
Gretchen Cassini, Mobility Advancement Program Administrator, 954-357-9504
Fiscal Impact
Fiscal Impact/Cost Summary
A. None.
B. To be determined by the Office of Management and Budget upon presentation of a draft Ordinance.