TALLAHASSEE, Fla. (WCTV) – A committee is set to start the process tomorrow of deciding whether or not Leon County’s local laws, known as ordinances, should supersede those passed by the City of Tallahassee.
Plus, the committee can proposed any other changes to Leon County’s charter, which operates as a type of local constitution.
Leon County is run by a seven-member commission, elected by voters across the entire county, including those within city limits. Meanwhile, the City of Tallahassee is run by a five-member commission elected by voters only within “city limits.”
Right now, if a county law and a city law conflict, the city’s wins out inside the city limits except for on environmental regulation. But a proposal could work its way through the process that would see Leon County ordinances winning out anytime there’s a conflict.
“We’ve got a really interesting and dynamic, widely representative group of people tackling issues related to our local government right now. So if you care to get involved, I would encourage you to reach out to your members,” Ryan Ray, one of the charter review committee members, said.
More Tallahassee news:
Previously, the Leon County commission voted 4-3 to refer the matter to the Citizen Charter Review Committee, according to Committee Chair Mary Ann Lindley.
To actually put the charter amendment before the voters, a majority of county commissioners must agree, assuming the committee recommended the change.
The committee will hold its first substantive meeting on Thursday, where a 21-member panel will debate the issue. County staff have presented the committee members with five options:
Accept this report and table this issue. Request additional information and analysis on charter government, regulatory authority, and/or the prevalence of county ordinances in the event of a conflict with municipal ordinances. Direct staff to prepare a proposed charter amendment providing that all county ordinances shall prevail in the event of a conflict with municipal ordinances, to the extent otherwise permitted by law. Direct staff to prepare a proposed charter amendment(s) providing that specific county ordinances or subject area(s), as identified by the Committee, shall prevail in the event of a conflict with municipal ordinances. Committee direction.
Under option three, county laws would always prevail. Under option four, county laws would prevail in specific circumstances, like right now, when it comes to environmental regulation.
In agenda materials, county staff wrote that of 18 counties similar to Leon County, 11 have county ordinances win out in specific circumstances, while seven say city ordinances win out.
For example, Broward County is similar to Leon County’s current rules, allowing specific exceptions, while Brevard County does not.
The process will play out like this: The review committee will recommend changes to the charter by a specific majority vote, Lindley said. Then, the matter is referred to the county commission, where a majority vote puts the proposed amendment on the ballot.
But voters get the ultimate say, likely on the primary or general election ballot next year. The county charter is similar to the State or Federal Constitutions, where ordinances are like the laws or statutes.
“You can think about the work that we’re doing as proposing amendments on our own local bill of rights,” another committee member Max Herrle said.
For example, Tallahassee voters recently voted to amend the city’s charter to increase commissioner pay, give greater protections to a watchdog and provide for simpler elections when only two candidates are running.
Citizens themselves can also amend the county charter by gaining the signatures of 10% of registered voters countywide, and 10% from each county commission district. The measure would then go before all voters, but that process has never been used.
Similarly, the county commission can directly propose a charter change with five out of seven votes, but so far, they’ve only used the committee approach.
In 2010, the committee recommended seven amendments, six of which were approved for the ballot by the county commission, and five of which were ultimately adopted by voters. That includes amendments on campaign contributions, tourism development and a non-interference policy,
In 2018, the committee recommended two amendments, including the environmental regulations, which are now law. But the committee also proposed a charter amendment regarding the employment of the county attorney, though that measure never made its way to voters as the county commission voted it down, according to agenda materials.
Both Committee Members Max Herrle and Ryan Ray said Thursday’s meeting is the first chance for members of the public to propose their own charter amendments or give input.
“This is really about people determining what kind of city and county we want to live in,” Herrle said. “What kind of future for our community do we want to live in? And, in order to determine that, we need to hear from you.”
The 21-member committee will take public comment, and could talk clean air proposals, firefighter funding, a “Leon County Bill of Rights,” or any other number of issues.
Ray said it’s a rare chance for the community to start a new proposal in a sandbox, instead of something already before the city or county commission.
“And I think this is one of those processes where the sort of state of play is the most even-handed. And it’s a true opportunity to kind of take a true look at what’s going on under the hood of our county,” Ray said.
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