Legislation Details

File #: 21-172   
In control: REQUEST TO SET FOR PUBLIC HEARING
Agenda Date: 2/9/2021 Final action: 2/9/2021
Title: MOTION TO ADOPT Resolution No. 2021-044 directing the County Administrator to publish Notice of Public Hearing to be held on Tuesday, February 23, 2021, at 10:00 a.m., in Room 422 of the Governmental Center to consider enactment of a proposed Ordinance, the title of which is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO QUALIFICATIONS OF MEMBERS OF THE INDEPENDENT TRANSPORTATION SURTAX OVERSIGHT BOARD; AMENDING SECTION 311/2-75 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE"); AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE. (Sponsored by the Board of County Commissioners)
Indexes: Penny Surtax (Inactive)
Attachments: 1. Exhibit 1 - Copy of Resolution to Publish Notice of Public Hearing, 2. Exhibit 2 - Copy of Proposed Ordinance, 3. Additional Material - Information, 4. Additional Material - Information
Date Action ByActionResultAction DetailsMeeting DetailsVideo
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Broward County Commission Regular Meeting                               

Director's Name:                     Andrew J. Meyers 

Department:                                           County Attorney 

 

Information

Requested Action

title

MOTION TO ADOPT Resolution No. 2021-044 directing the County Administrator to publish Notice of Public Hearing to be held on Tuesday, February 23, 2021, at 10:00 a.m., in Room 422 of the Governmental Center to consider enactment of a proposed Ordinance, the title of which is as follows:

 

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO QUALIFICATIONS OF MEMBERS OF THE INDEPENDENT TRANSPORTATION SURTAX OVERSIGHT BOARD; AMENDING SECTION 31½-75 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE"); AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.

(Sponsored by the Board of County Commissioners)

 

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Why Action is Necessary

The proposed Ordinance was prepared by the Office of the County Attorney at the direction of the Board of County Commissioners at its meeting of January 26, 2021.

 

What Action Accomplishes

Enables the setting of a public hearing during which the Board may consider enacting an Ordinance amending the qualifications for serving on the Independent Transportation Surtax Oversight Board.

 

Is this Action Goal Related

Yes

 

Previous Action Taken

 

 

Summary Explanation/Background

The Transportation Surtax Ordinance prohibits members of the Oversight Board from having an employment or contractual relationship with or being employed by any entity that has a contractual relationship with Broward County.  This is broader than the applicable conflict provision under state law, Section 112.313, Florida Statutes.

 

A current member of the Oversight Board has accepted employment with an independent constitutional office that has a contractual relationship with Broward County.  Unless the Ordinance is modified, this member will be forced to resign, despite the fact that she may permissibly serve under state law and that no actual or potential conflict of interest would result from the new employment.

 

Source of Additional Information

Angela J. Wallace, Transportation Surtax General Counsel, 954-357-7600

 

Fiscal Impact

Fiscal Impact/Cost Summary

The Fiscal Impact Statement by the Office of Management and Budget will be provided at the time of the public hearing, in compliance with Section 18.5(e)(7) of the Broward County Administrative Code.