PREAMBLE
THE PEOPLE OF POLK COUNTY, FLORIDA, by the grace of God free and
independent, in order to attain greater self-determination, to exercise more control
over our own destiny, to create a more responsible and effective government, and to
guarantee constitutional rights to all equally, do hereby ordain and establish this
Home Rule Charter as our form of government for Polk County.
ARTICLE 1
CREATION, POWERS AND ORDINANCES
OF HOME RULE CHARTER GOVERNMENT
1.1 Creation and general powers of home rule charter government
Polk County shall be a home rule charter county, and, except as may be limited
by this Home Rule Charter, shall have all powers of self-government granted now or
hereafter by the Constitution and laws of the State of Florida.
1.2 Body corporate, name and boundaries
Polk County shall be a body corporate and politic. The corporate name shall
be Polk County. The county seat and boundaries shall be those designated by law on
the effective date of this Charter.
1.3 Construction
The powers granted by this Home Rule Charter shall be construed broadly in
favor of the charter government. The specified powers in this Charter shall not be
construed as limiting, in any way, the general or specific power of the government, as
stated in this article. It is the intent of this article to grant to the charter government
full power and authority to exercise all governmental powers necessary for the
effective operation and conduct of the affairs of the charter government.
1.4 Special powers and duties of county
1.4.1 County purposes. The county, operating under this Charter, shall
have all special powers and duties which are not inconsistent with this Charter,
heretofore granted by law to the Board of County Commissioners, and shall have such
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additional county and municipal powers as may be required to fulfill the intent of this
Charter.
1.4.2 Municipal purposes. The county shall have all necessary powers
to accomplish municipal purposes within special districts. Property situated within
municipalities shall not be subject to taxation for services rendered by the county
exclusively for the benefit of the property or residents not within municipal
boundaries, nor shall property situated in the county be subject to taxation for
services provided by the county exclusively for the benefit of the property or residents
within municipal boundaries. To this end, the Board of County Commissioners may
by ordinance create districts for the purpose of levying ad valorem taxes and special
assessments to pay for the furnishing of municipal services, and the tax imposed shall
be within the limits of millage set for municipal purposes. Should such services be
furnished within a municipality, the total millage levied by the municipality and the
county district levy for this municipal purposes shall not exceed the maximum millage
set by law for municipal purposes.
1.5 Transfer of powers
Whenever a municipality, special district or agency shall request the
performance or transfer of a function to the county, the county shall have the power
and authority to assume and perform such functions and obligations. This section
does not authorize a transfer in violation of Article VIII, '4 of the Constitution of
Florida.
1.6 Division of powers
This Charter hereby establishes the separation between legislative and
administrative functions of this government. The establishment and adoption of policy
shall be the responsibility of the Board of County Commissioners and the execution of
that policy shall be the responsibility of the County Manager.
1.7 Relation to state law
The provisions of this Charter are not intended, and shall not be construed, to
conflict with the Constitution of the State of Florida, general law, or special law
approved by vote of the electorate.
1.8 Relation to municipal ordinances
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Except as otherwise provided by law or this Charter, municipal ordinances
shall prevail over County ordinances to the extent of any conflict. To the extent that a
county ordinance and a municipal ordinance shall cover the same subject without
conflict, then both the municipal ordinance and the county ordinance shall be
effective, each being deemed supplemental to the other.
ARTICLE 2
Legislative Branch:
Board of County Commissioners
2.1 Composition
There shall be five county commissioners' districts in Polk County, which shall
be numbered one to five, inclusive, and shall be as nearly equal in proportion to
population as possible. There shall be one county commissioner for each of such
districts, who shall be elected by the qualified voters of the county.
2.2 Redistricting
In the first odd-numbered year after each decennial census, the Board of
County Commissioners shall divide the county into districts of contiguous territory,
following the existing boundaries of municipalities where possible and as nearly equal
in population as possible. The Board of County Commissioners may redivide the
districts in any other odd-numbered year. Whenever the boundaries of existing county
commissioners' districts are changed by the Board of County Commissioners, it shall
cause an accurate description of the boundaries of such districts, as changed, to be
entered upon its minutes and a certified copy thereof to be published once each week
for four (4) consecutive weeks in a newspaper published in the county. Proof of such
publication shall be entered on the minutes of the Board of County Commissioners.
The publication of such copy shall be for information only and shall not be
jurisdictional.
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2.3 Qualifications
County commissioners shall be qualified electors of the county. Commissioners
shall reside one in each of the commission districts. Candidates shall reside in their
respective districts at the time of qualifying to run, or at the time of appointment to
any vacancy. Any commissioner who shall remove his or her residency from the
district for which he or she is elected shall thereupon become disqualified to represent
said district and the office of any such commissioner shall be deemed vacant, except
that any commissioner who is removed from a district by redistricting may continue to
serve during the balance of the term of office. No person may appear on the ballot for
re-election to the office of Commissioner to the Polk County Board of County
Commissioners if, by the end of the current term of office, the person will have served
(or, but for resignation, would have served) as a Commissioner for eight (8)
consecutive years.
This Amendment shall take effect on the date it is approved by the electorate,
but no service in a term of office which commenced prior to the effective date of this
amendment will be credited against the eight (8) consecutive years term limitation.
2.4 Terms of office
Each commissioner shall be elected for a term of four (4) years, beginning on
the second Tuesday after election, and continuing after such term until his or her
successor is elected and qualified. Terms shall be staggered so that one more or one
less than half of the commissioners elected from residence areas are elected every two
years.
2.5 Salary and other compensation
The yearly salary and other compensation of Commissioners serving on the
Board of County Commissioners shall be $33,500 effective with the Commission term
of office beginning in November, 2000. The Board of County Commissioners may
amend the salary established in this Charter by ordinance, which requires, for
passage, the unanimous vote of the members of the entire Board of County
Commissioners. Any increase shall not exceed the average percentage increase in the
salaries of county employees for the fiscal year just concluded, or the percentage
change in the U.S. consumer price index for the previous year, whichever is less. Any
salary increase shall not be effective until the first day of January in the year
following the adoption of the increase.
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Section 2.5 as amended, shall apply to all commissioners elected on or after
the date the amendment is approved by the electors.
2.6 Vacancies and suspensions
Vacancies in any county commissioner's office or other elected county office
shall be filled in accordance with the Constitution and general laws of Florida.
Commissioners and other elected officers may be suspended from office in accordance
with the Constitution and general laws of Florida.
2.7 Meetings
The organizational meeting of the Board of County Commissioners shall be
held on the third Tuesday following the first Monday in November of each year.
The Board of County Commissioners shall provide by resolution for the
location, time and place for holding all regular meetings of the Board of County
Commissioners. At its organizational meeting the Board of County Commissioners
shall elect a chairman and vice-chairman by majority vote to serve for a period of one
(1) year, and shall each year thereafter elect from its membership a chair and a vicechair,
who may succeed themselves.
2.7.1 Special meetings. Special meetings may be held on call of the chairman
or two (2) or more commissioners. Upon call for a special meeting, the County
Manager shall give adequate public notice of the time, place, and purpose of the
meeting in accordance with the procedures established in the administrative code.
Action by the Board of County Commissioners at a special meeting shall be limited to
the purpose for which the special meeting was called.
2.7.2 Location of meetings. The Board of County Commissioners shall meet
at the county seat except that it may determine by resolution, from time to time, the
place or places within the county at which the Board of County Commissioners shall
meet for the purpose of conducting its business, provided that the notice of the time
and place shall be published in a newspaper of general circulation in the county at
least one (1) week prior to the holding of any such meeting outside the county seat.
Such notice shall contain an agenda of all matters to be acted upon.
2.8 Powers
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The Board of County Commissioners shall have all jurisdiction and powers
which are now and which hereafter may be granted to it by the Constitution and laws
of Florida, provided that such powers shall be exercised in a manner consistent with
this Charter. The Board of County Commissioners, in addition to the powers and
duties provided in the Charter, shall have the specific powers and duties to:
(1) Appoint and reappoint the County Manager by a vote of a majority
of the entire Commission, and remove the County Manager during a contract
term by a majority vote at each of two successive regular meetings.
(2) Adopt such ordinances as may be necessary to carry out both
county and municipal powers and purposes.
(3) Review the budgetary requests including salaries and make the
final budgetary determinations and appropriations for all county governmental
operations including but not limited to county management, all administrative
departments of the government, adjustment boards and special authorities and
tax districts which request a portion of the millage levied for county purposes
under the Constitution of Florida or such other millage as may be levied by the
county for municipal service districts, excepting the school system.
(4) Adopt by a two-thirds vote of the full Board of County
Commissioners such rules of parliamentary procedures as shall be necessary
for the orderly transaction of the business of the Board of County
Commissioners.
(5) Designate which officers and employees shall be bonded and fix
the amount and approve the form of the bond.
(6) Exercise any power of the County not lodged in any other
office by this Charter.
2.9 Legislative procedures
The Board of County Commissioners may take official action only by the
adoption of ordinances, resolutions or motions. Except as otherwise provided by this
Charter, all ordinances, resolutions or motions shall be adopted by majority vote in
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accordance with the provisions of the Constitution and laws of Florida. A majority of
the full Board of County Commissioners shall constitute a quorum and an absolute
majority shall be required to adopt, amend or repeal any ordinance. A majority of
those present shall be required to adopt, amend or repeal a resolution or motion
under the terms of this provision. All commissioners in attendance, including the
chairman or presiding officer, shall vote on all Board of County Commissioners
actions except when prevented from doing so by a provision of general law.
2.10 Code of ordinances
The Board of County Commissioners shall provide for the authentication and
recording in full, in a properly indexed book kept for the purpose, of all minutes of
meetings, ordinances and resolutions adopted by the Board of County Commissioners
and the same shall, at all times, be a public record. The Board of County
Commissioners shall further maintain a current codification of all ordinances. Such
codification shall be published and made available for distribution on a continuing
basis.
ARTICLE 3
Administrative Branch: County Manager
3.1 County Manager: qualifications
There shall be a County Manager who shall be appointed by the Board of
County Commissioners and who shall serve at the pleasure of the Board of County
Commissioners. The County Manager shall be chosen on the basis of his or her
professional training, executive and administrative experience and qualifications.
The manager shall maintain residency within the county during the tenure of office
and shall not engage in any other business or occupation without the express
approval of the Board of County Commissioners.
3.2 Compensation and terms of employment
The Board of County Commissioners shall establish the salary for the County
Manager at a level which is commensurate with the requirements of the position and
shall at least annually review the performance and salary. Terms and conditions of
compensation and employment shall be set forth in a contract.
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3.3 Powers and duties
The County Manager shall be head of the administrative branch of county
government, and shall be responsible to the Board of County Commissioners for the
proper administration of all affairs of the county. The County Manager shall attend
all regular and special meetings of the Board and shall have the right to participate in
its discussions.
3.4 Non-interference by Board of County Commissioners
Except for the purpose of inquiry and information, members of the Board of
County Commissioners are expressly prohibited from interfering with the
performance of the duties of any employee of the county government who is under the
direct or indirect supervision of the County Manager. Such action shall be
malfeasance within the meaning of Article IV, Section 7(a) of the Florida Constitution.
3.5 Temporary absence or incapacity
The Board of County Commissioners may appoint an acting manager in the
case of vacancy or temporary absence or disability of the County Manager, until a
successor has been appointed and qualified or until the County Manager returns.
ARTICLE 4
Administrative Departments
4.1 Initial departments
The following initial departments are hereby established for the charter
government:
(1) Those departments existing upon adoption of this Charter.
4.2 Department directors and executive service personnel
The director of each department shall be the principal officer of the department.
Directors and executive service employees of departments shall be appointed by the
County Manager, subject to confirmation by a majority vote of the Board of County
Commissioners, and shall serve at the pleasure of the County Manager. The County
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Manager shall have the right to discharge any department head or executive service
employee, with or without cause.
4.3 County attorney/department of legal services
There shall be a department of legal services directed by an attorney appointed
by the Board of County Commissioners. The county attorney shall be responsible to
the Board of County Commissioners, and may be discharged by the Board by a
majority vote. The Board shall have the power and authority to acquire other
necessary legal services to carry out the duties and responsibilities of county
government.
ARTICLE 5
County Constitutional Officers
5.1 County constitutional officers
The constitutional offices of Sheriff, Property Appraiser, Tax Collector, Clerk of
the Circuit Court, and Supervisor of Elections shall remain as elected constitutional
officers, and their powers, duties and functions will not be altered by this Home Rule
Charter. The constitutional officers shall perform their executive and administrative
functions as specified by law.
5.2 Non-partisan election
5.2.1 Non-partisan offices. Commencing with the primary and general
elections in the year 2004, the offices of Clerk of Circuit Court, Property Appraiser,
Sheriff, Supervisor of Elections, and Tax Collector shall be nonpartisan.
5.2.2 Non-partisan election procedures. If three or more candidates, neither
of whom is a write-in candidate, qualify for such office, the names of those candidates
shall be placed on a non-partisan ballot at the first primary election. If no candidate
for such office receives a majority of the votes cast for such office in the first primary
election, the names of the two candidates receiving the highest number of votes for
such office shall be placed on the general election ballot.
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5.2.3 Qualification by petition. A candidate for non-partisan office may
qualify for election to such office by means of the petitioning process provided in
general law.
5.2.4 Other provisions. In all respects not expressly provided in this charter,
non-partisan elections shall be governed by the procedures set forth in general law
for non-partisan judicial elections; provided that nothing therein shall impair the
constitutional rights of candidates to freedom of expression and association.
5.2.5 Preservation of constitutional offices. If any provision in this Section
5.2 shall impair the status of the office as a constitutional county office, this section
shall have no force and effect.
ARTICLE 6
Powers Reserved to the People:
Initiative and Recall
6.1 Initiative
The electors of Polk County shall have the right to initiate county ordinances in
order to establish new legislation that is not in conflict with the State Constitution,
general law or this Charter, and to amend or repeal existing ordinances when such
amendments or repeal are not in conflict with the State Constitution or general law,
upon petition signed by a number at least equal to six percent of electors qualified to
vote in the last preceding general election; provided that the number shall contain at
least six percent of the qualified electors in each commission election district.
6.1.1 Procedure for petition. The sponsor of an initiative shall, prior to
obtaining any signatures, submit the text of a proposed ordinance to the Supervisor of
Elections, with the proposed ballot summary and the form on which signatures will be
affixed and obtain a dated receipt therefor. Any such ordinance shall embrace but
one subject, and matter directly connected therewith. The sponsor shall cause a notice
of such submission to be published within fourteen days thereof in a newspaper of
general circulation in the County. The allowable period for obtaining signatures on
the petition shall be completed not later than one year after initial receipt of the
petition by the Supervisor of Elections. The sponsor shall comply with all
requirements of general law for political committees, and shall file quarterly reports
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with the Supervisor of Elections stating, to the best of the sponsor's information and
belief, the number of signatures procured. The time and form of such reports may be
prescribed by ordinance. When a sufficient number of signatures is obtained, the
sponsor shall thereupon submit signed and dated forms to the Supervisor of Elections
and upon submission shall pay all fees required by general law. The Supervisor of
Elections shall, within sixty (60) days after submission, verify the signatures thereon,
or specify a reason for the invalidity of each rejected signature if the petition is
rejected for insufficiency of the number of valid signatures. If the petition is rejected
for insufficiency of the number of signatures, the sponsor shall have an additional
thirty (30) days within which to submit additional signatures for verification. The
Supervisor of Elections shall, within thirty (30) days verify the additional signatures.
In the event sufficient signatures are still not acquired, the petition initiative shall be
rendered null and void and none of the signatures may be carried over onto another
identical or similar petition.
Section 6.1.2 Consideration by Board of County Commissioners
Within sixty (60) days after the requisite number of names has been verified by
the Supervisor of Elections and reported to the board of County Commissioners, the
board of County Commissioners shall give notice and hold a public hearing on the
proposed ordinance according to law and vote on it. If the board fails to enact the
proposed ordinance, it shall, by resolution, call a referendum on the question of the
adoption of the proposed ordinance to be held at the next general election occurring
at least forty-five (45) days after the adoption of such resolution. If the question of the
adoption of the proposed ordinance is approved by at least sixty per cent (60%) of
electors voting in said election, the proposed ordinance shall be declared by
resolution of the Board of County Commissioners to be enacted and shall become
effective on the date specified in the ordinance, or if not so specified, on January 1 of
the succeeding year. The Board of County Commissioners shall not amend or repeal
an ordinance adopted by initiative prior to the next succeeding general election,
without approval of a majority of the electors voting at a referendum called for that
purpose.
6.1.3 Limitation on ordinances by initiative The power to enact, amend or
repeal an ordinance or amend this Charter by initiative shall not include ordinances
or provisions relating to the county budget, debt obligations, capital improvement
programs, salaries of county officers and employees, the assessment or collection of
taxes, or the rezoning of land.
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6.2 Recall
The County Commissioners shall be subject to recall as provided by general
law. Any elected constitutional county officer may be recalled in the manner provided
by general law for removal of a county commissioner of a charter county. A
successor to the unexpired term of office of any recalled commissioner or elected
constitutional county officer shall be elected in the manner provided by general law
for filling of vacancies in office after recall in charter counties. If the provision for
recall of elected constitutional county officers causes such officers to lose their
constitutional status, this provision shall not apply to such officers.
6.3 Public participation and inclusion
When appointments to all of the County's boards and committees are taken as a
whole, the Board of County Commissioners should endeavor to include citizens from
all segments of society in the County, reflecting the differing viewpoints, gender, age,
life experiences, geography, professions, races and ethnic backgrounds of the citizens
of the County. Nevertheless each individual appointment shall be based on the
competence, expertise and merit of the appointee, and nothing in this section shall
give any person standing to enforce this provision or to contest any appointment.
ARTICLE 7
Special Districts and Authorities
As provided in Article VIII, §1(g) and §6 of the State Constitution, the Board of
County Commissioners may by ordinance amend or repeal any local or special act of
the Legislature applicable solely to the unincorporated area of the County.
ARTICLE 8
Miscellaneous Provisions
8.1 Effective date
This Charter shall become law when approved by a majority of those electors
voting on the matter in a referendum to be held in the county in November 1998 under
the provisions of the Constitution and laws of Florida. The Charter Government shall
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assume all powers and duties provided by this Charter on the first day of January
1999, the effective date of this Charter.
8.2 Transition
8.2.1 Continuation of laws, ordinances and contracts. Unless expressly
provided otherwise in this Charter, the adoption of this Charter shall not affect any
existing contracts or obligations of Polk County; the validity of any of its laws,
ordinances, regulations, and resolutions; or the term of office of any elected county
officer, whose term shall continue as if this Charter had not been adopted.
8.2.2 Initial county commissioners. The persons comprising the Polk County
Board of County Commissioners on the effective date of this Charter shall become the
initial members of the Board of County Commissioners of the charter government and
shall perform the functions thereof until the expiration of their terms or until
qualification of their successors as provided by law.
8.2.3 Initial County Manager and attorney. The County Administrator and
County Attorney employed on the effective date of this Charter shall serve as the
County Manager and County Attorney respectively, subject to termination and
replacement as provided herein.
8.2.4 Employee continuation All employees of the former county government
shall on the effective date of this Charter become employees of the county government
created by this Charter. All existing wages, benefits, collective bargaining
certifications and agreements, contracts and conditions of employment shall continue,
until modified by lawful action of the Board of County Commissioners.
8.2.5 Continuation of agencies and advisory bodies. All existing
appointments or designations of non-governmental agencies or corporations to act as
official agencies of the County shall remain in full force and effect in accordance with
their original terms, until amended or terminated by the Board of County
Commissioners in accordance with the terms of such appointment and the provisions
of this Charter. All members of advisory boards, resource groups or committees
appointed for terms expiring after the effective date of this Charter shall continue to
serve their terms without necessity of reappointment under this Charter.
8.2.6 Outstanding bonds. All bonds, revenue certificates, and other financial
obligations of the county outstanding on the effective date of this Charter shall be
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obligations of the charter government. All actions taken by the former government
relating to the issuance of such obligations are hereby ratified and confirmed.
Payment of such obligations and the interest thereon shall be made solely from and
charged solely against funds derived from the same sources from which such payment
would have been made had this Charter not taken effect.
8.3 Charter amendment
8.3.1 Amendment by Board of County Commissioners. The Board of County
Commissioners, upon the concurrence of a majority plus one of the entire number of
members, shall have the authority to propose by ordinance amendments to this
Charter not inconsistent with the State Constitution or with general law.
8.3.2 Amendment by petition. Amendments to this Charter, not inconsistent
with the State Constitution or with general law, may be proposed by a petition signed
by at least seven per cent of the qualified electors from each county commission
district, provided that any such amendment shall embrace but one subject and matter
directly connected therewith. The sponsor of an amendment shall, prior to obtaining
any signatures, submit the text of the proposed amendment to the Supervisor of
affixed. The procedures for initiative petitions set forth in Section 6.1.1 of this
Charter shall thereafter be followed. The power to amend this Charter by initiative
shall not extend to budgets, debt obligations, capital improvement programs, salaries
of non-elected county officers and employees, the assessment or collection of taxes, or
the rezoning of land.
8.3.3 Amendment referendum The Board of County Commissioners shall cause any
Charter amendment proposed under Section 8.3.1 or 8.3.2 to be submitted to the
electors for their approval. The question shall be placed on the ballot at the next
general election occurring at least sixty (60) days after the Charter amendment is
proposed or validated. Notice of said referendum, together with the language of the
proposed amendment, shall be published at least twice in a newspaper of general
circulation in the county, at intervals of at least seven (7) days, but not less than five
(5) nor more than thirty (30) days prior to the referendum. Passage of proposed
amendments shall require approval of at least sixty percent (60%) of electors voting
in said election.
8.4 Charter review. Not later than July 1 of the year 2001 and of every eighth year
thereafter, the Board of County Commissioners shall appoint a Charter Review
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Commission to review the Charter of the county. The Chair of the Board of County
Commissioners shall appoint three members of the Charter Review Commission, and
each other member of the Board of County Commissioners shall appoint two members
of the Charter Review Commission. The county constitutional officers, by majority
vote, shall appoint two members. No elected official may serve on the Charter Review
Commission. Upon the death, resignation or removal of any member of the Charter
Review Commission, the County Commissioner who made that appointment, or the
majority of county constitutional officers who made that appointment shall appoint a
successor. The commission shall be funded by the Board of County Commissioners
and shall be known as the “Polk County Charter Review Commission.” It shall,
within one (1) year from the date of its first meeting, present to the Board of County
Commissioners, its recommendations for amendment or revision of the Charter or its
recommendation that no amendment or revision is appropriate. If amendment or
revision is to be recommended, the Charter Commission shall conduct three (3) public
hearings, at intervals of not less than ten (10) days, immediately prior to the
transmittal of its recommendations to the Board of County Commissioners. The
Board of County Commissioners shall schedule a referendum on the proposed charter
amendments or revisions concurrent with the next general election. The Charter
Review Commission may remain in existence until the general election for purposes of
conducting and supervising education and information on the proposed amendments
or revisions. Appointments to the Charter Review Commission should reflect the
standards set forth in Section 6.3 of this Charter.
8.5 Severability and validity
If any part of this Charter is held invalid or unconstitutional, the remainder
thereof shall remain in full force and effect.
8.6 Polk County Efficiency Commission
Not later than January 31 of 2005 and of every eighth year thereafter, there shall be
appointed a Polk County Efficiency Commission.
8.6.1 Method of appointment. Following the organizational meetings of the
Board of County Commissioners and of the School Board after the general election of
2004 and each eighth year thereafter, the Chair of the Board of County
Commissioners shall convene a nominating committee consisting of the Chair, the
Chair of the School Board, a county constitutional officer selected by a majority of the
elected county constitutional officers, two elected Polk County municipal officials
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selected by the Ridge League of Cities, two persons selected by the Polk Association of
Chamber Executives, and one person selected by the League of Women Voters of Polk
County. Should any non-governmental organization named in this subsection cease to
exist or fail to make a selection, a majority of the remaining members of the
nominating committee may designate a successor organization of similar interests to
select the necessary member of the nominating committee. Any vacancy in the
nominating committee shall be filled in the same manner as the original selection.
The nominating committee, having due regard for the principles of Section 6.3 of this
Charter and the duties of the Polk County Efficiency Commission, shall by majority of
its whole number appoint not less than 17 nor more than 25 members of the Efficiency
Commission, and shall thereupon be dissolved. In the event of the death, resignation,
removal of residence from Polk County, or permanent disqualification or inability to
serve of any member of the Efficiency Commission, a majority of the remaining
members of the Efficiency Commission shall appoint a successor member.
8.6.2 Qualifications of members. Each member of the Polk County Efficiency
Commission shall be a resident of and shall be registered as a voter in Polk County,
and shall not be an elected official or employee of any governmental unit within Polk
County.
8.6.3 Duties of members and other officers. The Polk County Efficiency
Commission shall elect a chair and, by majority of its whole number, adopt and
amend its rules of procedure. The Board of County Commissioners, in accordance
with Section 2.8 of this Charter, shall provide necessary funds for the work of the
Commission, including but not limited to provision for the employment of an executive
director. The Efficiency Commission shall conduct a comprehensive study of
government in Polk County, including but not limited to the organization, structure,
effectiveness and efficiency of any board, officer, authority, agency, division,
department or other unit of government included within the budget approved by the
Board of County Commissioners. The study shall include an examination and
analysis of the most effective and cost-efficient means of delivery of services to all of
the citizens of the County in a responsible and effective manner, and may include
consideration of private delivery of services and ways in which to coordinate effective
and efficient delivery of services by, between and among governmental units,
including municipalities and the School District. The Commission shall also study the
mission, goals and objectives of the selected governmental units. This study shall
examine whether the mission, goals and objectives of the governmental units are
adequately measured for performance and outcomes using unbiased techniques; are
communicated to the citizens of Polk County; and are consistent with public
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expectations. All offices and departments of the Board of County Commissioners, and
all other public officers and governmental units within the County, are directed to
provide information and cooperation to the Efficiency Commission as may be
necessary to the successful discharge of its duties. Requests for information made by
the Efficiency Commission shall be submitted to the chief administrative officer of the
governmental unit.
8.6.4 Reports of Commission and required responses. The Efficiency
Commission, after one or more public hearings, shall complete and deliver to the
Board of County Commissioners, the School Board of Polk County, each municipal
government within Polk County, and to any other public officer or governmental body
substantially addressed or affected thereby:
(1) a report containing its interim recommendations, on or before
January 31 of the year following appointment of the Efficiency Commission. This
requirement shall not prevent other or more frequent interim recommendations.
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(2) a report containing its final recommendations, on or before January
31 of the second year following appointment of the Efficiency Commission.
(3) any recommendations for amendment of the Polk County Charter.
Such recommendations may be immediately considered by the Board of County
Commissioners for proposal to the electors in accordance with Section 8.3.1 of this
Charter, at the next otherwise scheduled election occurring more than 60 days
thereafter. Any recommendations for charter amendment which the Board of County
Commissioners has failed to propose to the electors shall be submitted by the Board of
County Commissioners to the next regularly appointed Charter Review Commission
for its consideration.
After the delivery of the final report, the Polk County Efficiency Commission
shall be dissolved. Not later than twelve months after the delivery of each report of
the Efficiency Commission, the County Manager shall deliver to each designated
recipient of that report a compliance report showing actions taken or refused by any
affected officer, board, department or governmental unit with respect to each of the
Efficiency Commission's recommendations.
Section 8.7 Referenda to be held at General Elections
Any referenda required by this Charter, and any referenda required by general
law before local option sales taxes may be levied pursuant to Section 212.055, Florida
Statutes, must be submitted to the electors at the next general election occurring at
least sixty (60) days after the referendum is called for.