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Effective on January 1, 1985
PREFACE The purpose of this publication is to assist voters in understanding the Palm Beach County Home Rule Charter. In addition, it provides a ready reference for implementing the Charter or recommending changes to the Charter. Pursuant to state law, the Board of County Commissioners placed a Home Rule Charter option before the voters of Palm Beach County. During the Nov. 6, 1984 general election, voters approved the option, 152,495 for; 92,776 against. The four main changes to county government are that the Charter:
The Charter allows Palm Beach County voters, through their elected officials, to have greater independence in determining how their government will function and what services it will provide. Previously, many changes to County government required the approval of the Florida Legislature. *True Home Rule gives the Board of County Commissioners the ability to create local laws, through a local public hearing ordinance procedure, that are not in conflict with or specifically prohibited by state general law or the state constitution. This process is done without going to the Florida Legislature to request special legislation to create these laws. Note: The County's Charter, promulgated by Ordinance No. 84-8, adopted Sept. 11, 1984 and approved by the voters on Nov. 6, 1984, is set out essentially as enacted with only minor stylistic changes made for purposes of consistency. Charter amendments will be identified by a history note following the amended section. Absence of such a note indicates the section is derived from the original Charter. CONTENTSPreface.....................................................................1 Preamble..................................................................4 Article I Creation, Powers and Ordinances of Home Rule Charter Government Section 1.1 Creation and General Powers of Home Rule Charter Government.........................4 Section 1.2 Conflict with State Law.....................4 Section 1.3 Scope of County Ordinances Conflict w/ Municipal Ordinances....4-6 Section 1.4 Conflict with Independent Special Districts................................6 Article II Form and Powers of the Legislative and Executive Branches Section 2.1 County Manager Form of Government........................ 6 Section 2.2 Legislative Branch.............................7 Section 2.3 Vacancies.........................................8 Section 2.4 Executive Branch..............................8 Section 2.5 Noninterference Clause.................8-9 Article III Specific Duties of the Legislative Branch Section 3.1 Delegation of Authority......................9 Section 3.2 Prevention of Conflict of Interest.......9 Section 3.3 Protection of Health, Safety and Welfare............................9 Section 3.4 Independent Audit.............................9 Article IV Constitutional Officers and County Departments Section 4.1 Elected Constitutional Officers.........10 Section 4.1.a. Nonpartisan Election of Constitutional Officers.....................10 Section 4.1.b. Protections of Nonpartisanship........10 Section 4.1.c. Rules of Nonpartisan Election..........10 Section 4.2 Initial County Departments,Divisions and Offices..................10-11 Section 4.3 Office of County Attorney..........11-12 Section 4.4 Office of Internal Auditor.................12 Section 4.5 Fire-Rescue Department............12-13 Article V Special Provisions Section 5.1 Initiative....................................13-14 Section 5.2 Recall.............................................14 Article VI Home Rule Charter Effective Date, Transition, Amendments and Review Section 6.1 Effective Date.................................14 Section 6.2 Transition........................................14 Section 6.3 Amendments.............................14-15 Section 6.4 Saving Clause.................................15 CHARTER OF PALM BEACH COUNTY, FLORIDA PREAMBLE WE, the voters of Palm Beach County, Florida, believing that governmental decisions affecting local interests should be made locally rather than by the state, and, in order to bring to our county the full home rule benefits of more responsive and efficient county government and improved cooperation between the municipalities and the county, do ordain and establish this Home Rule Charter for Palm Beach County, Florida. ARTICLE ICREATION, POWERS AND ORDINANCES OF HOME RULE CHARTER GOVERNMENT Sec. 1.1 Creation and General Powers of Home Rule Charter Government P alm Beach County shall be a Home Rule Charter county, and, except as may be limited by this Home Rule Charter, shall have all powers of county self-government, granted now or in the future, by the constitution and laws of the state of Florida. Sec. 1.2 Conflict with State LawNothing in this Home Rule Charter shall override or conflict with state law or the state constitution. Sec. 1.3 Scope of County Ordinances -- Conflict with Municipal OrdinancesMunicipal ordinances shall prevail over County ordinances to the extent of any conflict, regardless of the time of passage of the municipal ordinances, except that the County ordinances shall prevail over conflicting municipal ordinances:
(1) In matters relating to the protection of wells and well fields within the parameters set forth in Section 3.3 of this Charter.
This Home Rule Charter shall not affect preexisting independent special districts created by general law or special act of the Florida Legislature. ARTICLE IIFORM AND POWERS OF LEGISLATIVE AND EXECUTIVE BRANCHES Sec. 2.1 County Manager Form of Government Palm Beach County shall operate under a county manager form of government with separation of legislative and executive functions in accordance with the provisions of this Home Rule Charter. The county manager appointed under Section 2.4 herein shall be designated "County Administrator" and shall be hereinafter referred to as County Administrator. Sec. 2.2 Legislative BranchThe governing body of the County shall be a Board of County Commissioners composed of seven (7) members serving staggered terms of four (4) years. One (1) commissioner residing in each of seven (7) districts shall be elected by the qualified electors residing within that district. The commissioner must reside within the district at the time of qualifying to run for office of commissioner and during his/her term of office must reside in the district from which he/she ran. No person may appear on the ballot for reelection to the office of commissioner, if by the end of the current term in 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 (Ord. 2002-29). The two (2) additional commissioners will be elected pursuant to this amendment at the next general election succeeding the passage of this amendment. One (1) new commissioner shall represent an even-numbered district, and his/her initial term of office shall coincide with the term of office for the current even-numbered district commissioners. One (1) new commissioner shall represent an odd-numbered district, and his/her initial term of office shall coincide with the term of office for the current odd-numbered district commissioners. The commissioners who are serving on the effective date of this Charter amendment shall continue to represent the district from which they were elected, as district commissioners, for the balance of their terms. Salaries of members of the Board of County Commissioners shall be the same as set by state law for the county commissioners of noncharter counties. The Board of County Commissioners shall be responsible for exercising and fulfilling all their powers and duties provided by the Charter. Note: Section 2.2 reads as approved at elections held on Nov. 8, 1988 and Nov. 5, 2002. The provisions were placed on the ballot by petition. Ord. 02-29 authorizing the term limits referendum was adopted on July 23, 2002, to become effective on Nov. 5, 2002. Sec. 2.3 VacanciesVacancies on the Board of County Commissioners shall be defined and filled as provided by Florida law. Sec. 2.4 Executive BranchThe executive responsibilities and powers of the County, as authorized by the Board of County Commissioners, shall be assigned to and vested in a County Administrator. The County Administrator shall be appointed by and serve at the pleasure of the Board of County Commissioners. The County Administrator's salary shall be set by the Board of County Commissioners. The County Administrator shall be chosen on the basis of his/her professional training, executive and administrative experience and qualifications; and he/she shall reside within the County while so employed. Within ninety (90) days after the adoption of this Charter, the County Administrator shall present to the Board of County Commissioners the current Code of Laws and Ordinances and the Administrative Code with any recommended changes for their action. The codes shall contain the current ordinances, the rules of procedure adopted by the Board of County Commissioners, the organization of the County departments, the statements of established County policy and administrative regulations. The Administrative Code shall provide a personnel system based on the merit system principle, which shall include a job description and pay plan, fringe benefits, a personnel review system and a procedure for hearing terminations and other disciplinary actions for all County employees. The Administrative Code shall include an affirmative action plan. Sec. 2.5 Noninterference ClauseExcept for the purposes of inquiry and information, the Board of County Commission members are expressly prohibited from interfering with the performance of the duties of any employee who is under the direct or indirect supervision of the County Administrator. Such action shall be malfeasance within the meaning of Article IV, Section 7(a) of the Florida Constitution. (Ord. No. 86-27, § 2, 8-26-86) Note: Ord. No. 86-27, adopted Aug. 26, 1986, was approved at an election held Nov. 4, 1986, to become effective Jan. 1, 1987. ARTICLE III SPECIFIC DUTIES OF LEGISLATIVE BRANCH Sec. 3.1 Delegation of AuthorityThe Board of County Commissioners shall retain its responsibility and authority to administer properly the affairs of the County and its ability to delegate the administration of its policies to the County Administrator. Sec. 3.2 Prevention of Conflict of InterestThe Board of County Commissioners shall take whatever action is necessary on behalf of its residents to ensure that the County government's appointed officials, elected officials and employees abide by the Code of Ethics as set out in state law. Sec. 3.3 Protection of Health, Safety and WelfareIt shall be the policy of the County to protect the health, safety and general welfare of all residents of Palm Beach County. The Board of County Commissioners may adopt appropriate ordinances to accomplish these purposes, including a countywide ordinance relating to the protection of wells and well fields, by providing criteria for regulating and prohibiting the use, handling, production and storage of certain deleterious substances which may impair present and future public potable water supply wells and well fields. (Ord. No. 86-28 § 2, 8-26-86) Note: Ord. No. 86-28, adopted Aug. 26, 1986, was approved at an election held Nov. 4, 1986, to become effective Jan. 1, 1987. Sec. 3.4 Independent AuditThe Board of County Commissioners shall have an independent audit of its accounts and records each fiscal year as required by state law. ARTICLE IVCONSTITUTIONAL OFFICERS AND COUNTY DEPARTMENTS Sec. 4.1 Elected Constitutional Officers The elected Constitutional Offices of Property Appraiser, Sheriff, Supervisor of Elections, Tax Collector and Clerk of the Circuit Court shall remain as presently constituted. The Board of County Commissioners shall make all services provided by its central service departments available to the elected Constitutional Officers. Sec. 4.1.a. Nonpartisan Election of Constitutional OfficersNotwithstanding Section 4.1, elections for the offices of Property Appraiser (Ord. 2002-31), Sheriff (Ord. 2002-32) and Supervisor of Elections (Ord. 2002-33) shall be nonpartisan.
No nonpartisan candidate shall be required to pay any party assessment or be required to state the party of which the candidate is a member. All candidates' names shall be placed on the ballot without reference to political party affiliation. Section 4.1.c. Rules of Nonpartisan ElectionIn the event more than two candidates for nonpartisan election have qualified for any single office, an election shall be held at the time of the first primary election and, providing no candidate receives a majority of the votes cast, the two candidates receiving the most votes shall be placed on the ballot for the general election. Sec. 4.2 Initial County Departments, Divisions and Offices*The County department heads, with the exception of the County Attorney, Internal Auditor, and initially the Fire-Rescue Administrator, shall be appointed by the County Administrator, with advice and consent of the Board of County Commissioners, and shall be responsible to the County Administrator. The initial County departments and offices, which may be changed with the approval of the Board of County Commissioners, shall be: Central Service Departments
For an up-to-date organizational chart of Palm Beach County departments and offices, please call (561) 355-2754 and ask for the Guide to County Services. Sec. 4.3 Office of the County AttorneyThere shall be a County Attorney selected by the Board of County Commissioners who shall serve at the pleasure of the Board. The office of the County Attorney shall not be under the direction and control of the County Administrator, but shall instead be responsible directly to the Board of County Commissioners. The Palm Beach County Attorney shall be an attorney licensed to practice law in the state of Florida for at least three (3) years. Upon appointment, he/she shall be employed full-time by said County. The County Attorney shall employ such assistant County attorneys and special assistant County attorneys, on either a full-time or part-time basis, as may be necessary, subject to budget approval. The office of County Attorney shall be responsible for the representation of Palm Beach County, the Board of County Commissioners, the County Administrator, and all other departments, divisions, regulatory boards and advisory boards of County government in all legal matters relating to their official responsibilities. The office of County Attorney shall prosecute and defend all civil actions for and on behalf of Palm Beach County and the Board of County Commissioners, and shall review all ordinances, resolutions, contracts, bonds and other written instruments. Sec. 4.4 Office of the Internal AuditorThere shall be a County Internal Auditor selected by the Board of County Commissioners who shall serve at the pleasure of the Board. The office of County Internal Auditor shall not be under the direction and control of the County Administrator, but shall instead be responsible directly to the Board of County Commissioners. The County Internal Auditor shall be a certified public accountant or certified internal auditor. Upon appointment, he/she shall be employed full-time by said County. The County Internal Auditor shall employ such assistant County auditors, on either a full-time or part-time basis, as may be necessary, subject to budget approval. The office of County Internal Auditor shall be responsible for performing post audits and performance audits, and interfacing with all external auditors for the Board of County Commissioners, the County Administrator, and all other departments, divisions, regulatory boards and advisory boards of County government in all financial matters relating to their official responsibilities. Sec. 4.5 Fire-Rescue DepartmentThere shall be a Fire-Rescue Administrator selected initially by the Board of County Commissioners. The Fire-Rescue Department shall not initially be under the direction and control of the County Administrator, but shall instead be responsible directly to the Board of County Commissioners. The Board of County Commissioners may, after four (4) years from the effective date of this Charter, place the Fire-Rescue Administrator and department under the direction of the County Administrator.* The Fire-Rescue Administrator shall be responsible for the administrative and technical duties directly involving all activities of the Fire-Rescue Department and has authority and responsibility of the fire-rescue operations and shall exercise supervisory control over all members of the department. The Fire-Rescue Administrator shall adhere to all administrative policies in the Administrative Code. *The Board of County Commissioners transferred the Fire-Rescue Administrator and the Fire-Rescue Department from the direct authority of the BCC to the County Administrator and approved the change of the Fire-Rescue Administrator's status from contractual employee to regular nonmerit County employee status on July 10, 1990. ARTICLE VSPECIAL PROVISIONS Sec. 5.1 Initiative The people of Palm Beach County shall have the right to initiate County ordinances by filing with the Board of County Commissioners a copy of the proposed ordinance and a petition containing the signatures and addresses of not less than seven (7) percent of the number of voters qualified to vote in the last general election. The initiative process shall be available to the people to establish new ordinances and amend or repeal existing ordinances. Within forty-five (45) days after the filing of the petition with the Board, the Supervisor of Elections shall verify the signatures on said petition. Within forty-five (45) days after the petition is verified by the Supervisor of Elections, the Board of County Commissioners shall hold public hearings on the proposed ordinance according to law and vote on it. If the Board of County Commissioners fails to adopt the proposed ordinance, they shall then place the ordinance for a referendum on the ballot at the next general election occurring at least thirty (30) days after the Commission's vote for a referendum. If approved by a majority of those who voted, the ordinance shall become effective on the date specified in the ordinance; or if not specified in the ordinance, then it shall become effective January 1 following the election. None of the above provisions shall be available to the public for initiation, change, or modification of County budgetary provisions. Sec. 5.2 RecallThe Board of County Commissioners shall be subject to recall as provided by Florida statutes. ARTICLE VIHOME RULE CHARTER EFFECTIVE DATE, TRANSITION, AMENDMENTS AND REVIEW Sec. 6.1 Home Rule Charter Effective Date This Charter shall become effective on Jan. 1, 1985. Sec. 6.2 Home Rule Charter TransitionUnless expressly provided for otherwise in the Home Rule Charter, the adoption of this Home Rule Charter shall not affect any existing obligations of Palm Beach County, the validity of any of its ordinances, or the term of office of any elected County officer, which term shall continue as if this Charter had not passed. Sec. 6.3 Home Rule Charter AmendmentsAmendments to this Home Rule Charter may be proposed by the Board of County Commissioners by an affirmative vote of at least four (4) members, subject to approval by the voters of Palm Beach County in a referendum. The Home Rule Charter amendment may also be initiated by seven (7) percent of the number of voters qualified to vote in the last general election, and the initiated amendment shall be presented and verified in the manner and time set forth in Article V, Section 5.1. The Home Rule Charter amendment so initiated shall be placed on the ballot on the first Tuesday after the first Monday in November of any year or in connection with a presidential preference primary occurring at least thirty (30) days after verification. If approved by a majority of those who voted, the Home Rule Charter amendment shall become effective on the date specified in the amendment or, if not so specified, on January 1 following the election. *Each amendment to this Home Rule Charter shall be limited to a single and independent subject.
(Ordinance No. 86-26, section 2, 8-26-86; Ordinance No. 90-26, §2, 9-4-90)
If any provision of this Charter is held invalid, in whole or in part, such holding shall not affect any other provision of this Charter. |
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