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 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)

body
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 potenti...

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