1. Consolidation Commission Training Session Board of County Commissioners Chambers April 6, 2005

2. Consolidation Commission

3.  Timeline  Funding & Budget  Temporary Staffing  Organizational Structure Consolidation Commission

4.  Timeline  Funding & Budget  Temporary Staffing  Organizational Structure Consolidation Commission

5.  Timeline November 2004: Referendum passed by 63% January 11, 2005: BCC Ordinance April 6, 2005: Training session May 2006: Final meeting September 1, 2006: Report due to both governments Consolidation Commission

6.  Timeline  Funding & Budget  Temporary Staffing  Organizational Structure Consolidation Commission

7.  Funding & Budget Orange County funding:  Attorney  Administrative Assistant  Executive Director  Office space/supplies Consolidation Commission

8.  Timeline  Funding & Budget  Temporary Staffing  Organizational Structure Consolidation Commission

9.  Temporary Staffing  Staff Liaisons  Orange County – Linda Akins - Director of Government Relations  City of Orlando – Jean Rousch- Burnett – Deputy City Attorney  Meeting Minutes  Orange County Comptroller’s Office  City of Orlando Clerk’s Office Consolidation Commission

10.  Timeline  Funding & Budget  Temporary Staffing  Organizational Structure Consolidation Commission

11.  Organizational Structure ** Hired Executive Director Consolidation Commission Executive Director Administrative Staff Assistant County Staff Liaison City Staff Liaison Attorney Consolidation Commission

12.  Organizational Structure Consolidation Commission Administrative Staff Assistant County Staff Liaison City Staff Liaison Attorney ** No Executive Director Consolidation Commission

13. Legal Issues  Member’s Statutory Obligations  Constitutional Provisions: Consolidation/Transfer of Powers  Charter Provision/Ordinance  Status of Lawsuit Challenging Charter Amendment  Legal Counsel Representation  Rules of Procedure  Summary

14. Legal Issues  Member’s Statutory Obligations –Sunshine Law –Public Records Law –Conflicts of Interest –Financial Disclosure  Constitutional Provisions: Consolidation/Transfer of Powers  Charter Provision/Ordinance  Status of Lawsuit Challenging Charter Amendment  Legal Counsel Representation  Rules of Procedure  Summary

15. Legal Issues: Sunshine Law  Purpose: Ensure public access to the decision-making process of public boards and committees

16.  Sunshine Law Applies: When two or more Commission members are gathered to discuss some matter which may foreseeably come before the Commission Legal Issues: Sunshine Law

17.  Meeting Requirements –Open to public –Prior reasonable notice –Minutes must be taken Legal Issues: Sunshine Law

18.  “Meetings” Can Mean: –Hallway talks –Phone calls –Notes and memos –Messages from mutual friends –Messages from staff Legal Issues: Sunshine Law

19. Legal Issues  Member’s Statutory Obligations –Sunshine Law –Public Records Law –Conflicts of Interest –Financial Disclosure  Constitutional Provisions: Consolidation/Transfer of Powers  Charter Provision/Ordinance  Status of Lawsuit Challenging Charter Amendment  Legal Counsel Representation  Rules of Procedure  Summary

20.  Purpose: Allows any person to inspect and examine public records Legal Issues: Public Records Law

21.  Includes notes, memoranda and emails produced in relation to Commission business Legal Issues: Public Records Law

22. Inspection and Examination  Public records shall be provided: –At a reasonable time –Under reasonable conditions –Under supervision of public records custodian Legal Issues: Public Records Law

23. Legal Issues  Member’s Statutory Obligations –Sunshine Law –Public Records Law –Conflicts of Interest –Financial Disclosure  Constitutional Provisions: Consolidation/Transfer of Powers  Charter Provision/Ordinance  Status of Lawsuit Challenging Charter Amendment  Legal Counsel Representation  Rules of Procedure  Summary

24.  Purpose: Designed to protect against use of a public position for individual gain Legal Issues: Conflict of Interest

25.  Voting Rules: Must vote unless you have a conflict of interest or an appearance of a conflict of interest Legal Issues: Conflict of Interest

26.  If Conflict or Appearance of Conflict: –Abstain from voting –Before vote, publicly state conflict –File form 8B with person who records minutes Legal Issues: Conflict of Interest

27. Legal Issues  Member’s Statutory Obligations –Sunshine Law –Public Records Law –Conflicts of Interest –Financial Disclosure  Constitutional Provisions: Consolidation/Transfer of Powers  Charter Provision/Ordinance  Status of Lawsuit Challenging Charter Amendment  Legal Counsel Representation  Rules of Procedure  Summary

28.  Purpose: Prevent committee members from being inappropriately influenced by special interests Legal Issues: Financial Disclosure

29.  Florida law requires disclosure of financial interests and certain gifts accepted  Disclosure on forms created by the Commission on Ethics  Form 1 must be completed and filed with the Supervisor of Elections within 30 days of appointment Legal Issues: Financial Disclosure

30.  Two Levels of Disclosure: –More comprehensive for elected officials and judges (i.e., gifts) –Less comprehensive for advisory board members and committee appointees Legal Issues: Financial Disclosure

31. Legal Issues  Member’s Statutory Obligations  Constitutional Provisions: Consolidation/Transfer of Powers  Charter Provision/Ordinance  Status of Lawsuit Challenging Charter Amendment  Legal Counsel Representation  Rules of Procedure  Summary

32.  1968 Constitution –Broadened powers of local government regarding home rule –Resulted in duplicate functions by cities and counties  Constitutional Provisions –Consolidation –Transfer of powers Legal Issues: Consolidation & Transfer of Powers

33.  Article VIII, Section 3  Consolidation: A merger of two or more governmental entities into one governmental entity  City of Jacksonville – Duval County –1967 –Consolidated all city and county functions Legal Issues: Consolidation

34.  Process –Special Act; and –Vote of electors of county or vote of electors of county and affected municipalities (Dual Referendum) Legal Issues: Consolidation

35.  Article VIII, Sec. 4  Transfer of Powers – A transfer of any function or power from a governmental entity to another governmental entity Sarasota County – Fire/EMS, Parks Stormwater Utilities Orange County Library District Legal Issues: Transfer of Powers

36. Transfer of Powers only Available for Services – NOT for Regulatory Matters  Examples of Regulatory Matters –Handgun sales –Unified beach code –Adult entertainment  Examples of Services –Fire & Rescue – Parks– Utilities –Police – Planning/Zoning Legal Issues: Transfer of Powers

37.  Article VIII, Sec. 4  Transfer of Powers – A transfer of any function or power from a governmental entity to another governmental entity Sarasota County – Fire/EMS, Parks Stormwater Utilities Orange County Library District Legal Issues: Transfer of Powers

38.  Process –Law or resolution of affected governments, and –Dual referendum, or –As otherwise provided by law Legal Issues: Transfer of Powers

39. Legal Issues  Member’s Statutory Obligations  Constitutional Provisions: Consolidation/Transfer of Powers  Charter Provision/Ordinance  Status of Lawsuit Challenging Charter Amendment  Legal Counsel Representation  Rules of Procedure  Summary

40.  Requires city and county to create a countywide consolidation study commission  Appointment by city, county and Legislative delegation  Conduct a comprehensive study of the consolidation of governmental services  Hold at least 4 public hearings  Adjourn no later than 18 months following the November 2004 referendum – May 2006  Provide a report to Orange County and City of Orlando with findings & recommendations no later than September 1, 2006 Legal Issues: Charter Provision

41.  Includes Provisions of the Charter Amendment  Requires BCC:  To “evaluate impacts” of Commission recommendation within 180 days of report  To hold public hearings on report  To “initiate discussions” with Orlando on implementation of Commission recommendations Legal Issues: Ordinance

42. Legal Issues  Member’s Statutory Obligations  Constitutional Provisions: Consolidation/Transfer of Powers  Charter Provision/Ordinance  Status of Lawsuit Challenging Charter Amendment  Legal Counsel Representation  Rules of Procedure  Summary

43.  Complaint for Declaratory Injunctive Relief –Filed January 21, 2005 –Challenged authority of CRC to create Intergovernmental Study Commission  Motion to Dismiss filed February 10, 2005  Hearing scheduled May 4, 2005 Legal Issues: Status of Law Suit Challenging Charter Amendment

44. Legal Issues  Member’s Statutory Obligations  Constitutional Provisions: Consolidation/Transfer of Powers  Charter Provision/Ordinance  Status of Lawsuit Challenging Charter Amendment  Legal Counsel Representation  Rules of Procedure  Summary

45. Legal Issues  Member’s Statutory Obligations  Constitutional Provisions: Consolidation/Transfer of Powers  Charter Provision/Ordinance  Status of Lawsuit Challenging Charter Amendment  Legal Counsel Representation  Rules of Procedure  Summary

46.  BCC  CRC  Robert’s Rules Legal Issues: Rules of Procedure

47. Legal Issues  Member’s Statutory Obligations  Constitutional Provisions: Consolidation/Transfer of Powers  Charter Provision/Ordinance  Status of Lawsuit Challenging Charter Amendment  Legal Counsel Representation  Rules of Procedure  Summary

48. Consolidation Commission Training Session Board of County Commissioners Chambers April 6, 2005