Broward County Commission Regular Meeting


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AI-28527 42.       
Meeting Date: 02/26/2019  
Director's Name: Andrew J. Meyers
Department: County Attorney  

Information
Requested Action
MOTION TO CONSIDER enactment of an Ordinance, the title of which is as follows:
 
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO ELECTION CAMPAIGN PRACTICES; CREATING A NEW ARTICLE V WITHIN CHAPTER 11 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE") ENTITLED "ETHICAL CAMPAIGN PRACTICES"; CREATING CODE SECTIONS 11-66 THROUGH 11-71; RENUMBERING AND AMENDING SECTION 11-4 OF THE CODE; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.
 
(Sponsored by Senator Steve Geller)
 
ACTION:  (T-12:14 PM)  Filed proof of publication and enacted the Ordinance to become effective as provided by law.  Amendments to the proposed Ordinance as reflected on Purple-Sheeted Additional Material, (42) dated February 26, 2019, submitted at the request of Vice-Mayor Holness will travel with this item with the elimination of Legal Aid Service of Broward County, Inc.  (Refer to minutes for full discussion.)

VOTE:  7-2.  Dr. Sharief and Commissioner Udine voted no.

ACTION:  (T-12:14 PM)  Amendments to the proposed Ordinance as reflected on Purple-Sheeted Additional Material, 42 (2)  dated February 26, 2019, submitted at the request of Commissioner Geller will travel with this item.  (Refer to minutes for full discussion.)

VOTE:  6-3.  Commissioners Rich, Udine and Dr. Sharief voted no.
Why Action is Necessary
A Resolution directing the County Administrator to publish notice of public hearing to consider enactment of the Ordinance was adopted by the Board of County Commissioners at its meeting of February 12, 2019.
What Action Accomplishes
Amends the Broward County Code of Ordinances to create an Ethical Campaign Practices Committee.
Is this Action Goal Related
Previous Action Taken
Summary Explanation/Background
On September 13, 2018 (Agenda Item 71), the Board directed the Office of the County Attorney to draft an Ordinance to establish a Committee that would, through nonbinding proceedings, adjudicate complaints involving unfair campaign practices. 

The proposed Ordinance would establish Ethical Campaign Practices Principles ("Principles"), which are substantially similar to the Statement of Ethical Campaign Practices presently contained within Section 11-4 of the Code. The Principles are nonbinding guidelines, condemning unethical campaign practices by those campaigning for elected office or by independent political committees. To enforce the Principles, the proposed Ordinance establishes the Ethical Campaign Practices Committee ("Committee"), comprised of representatives nominated by nonpartisan community organizations, honorary voting members, and nonvoting representatives of the major political parties. 
 
The Committee will be authorized to adjudicate complaints filed by candidates for elected office. The proposed Ordinance sets forth detailed procedures intended to ensure all adjudications are efficient, expeditious, and fair. Following a hearing where all parties will have an opportunity to be heard, the Committee may publicly censure those found to have violated the Principles.
 
The Committee's jurisdiction will be limited to races for Offices that have all or a majority of their constituency residing within Broward County, and the Committee will not have jurisdiction over any federal, judicial, or statewide office. 
 
Some, but not all, of the nominating organizations listed in the proposed Ordinance have confirmed their willingness to nominate. Any required changes in the listing of nominating organizations will be addressed via proposed amendment.
Source of Additional Information
Joseph Jarone, Assistant County Attorney, 954-357-7600

Fiscal Impact
Fiscal Impact/Cost Summary:
Fiscal Impact Statement by Office of Management and Budget is attached as Exhibit 2.
Attachments
Exhibit 1 - Copy of Proposed Ordinance
Exhibit 2 - Copy of Fiscal Impact Statement
Additional Material - Information
Additional Material - Information


    

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