ST. JOHNS COUNTY CHARTER -- DRAFT IMPROVEMENTS FOR DISCUSSION AND COMMENTS

Subj: ST. JOHNS COUNTY CHARTER -- DRAFT IMPROVEMENTS FOR DISCUSSION AND COMMENTS
Date: 10/4/07 2:07:46 PM Eastern Daylight Time
From: EASlavin
To: bccd1@co.st-johns.fl.us, bccd2@co.st-johns.fl.us, bccd3@co.st-johns.fl.us, bccd4@co.st-johns.fl.us, bccd5@co.st-johns.fl.us

Dear Commissioners:

For your information, questions and comments, here are eleven (11) suggestions for improvements to the SADC draft document regarding the proposed County Charter, followed by several questions for further discussion:

A. ELEVEN (11) SUGGESTIONS FOR IMPROVEMENTS TO SADC FIRST ROUGH DRAFT
All line references are to first rough partial SADC committee draft, prematurely released on October 2, 2007, and to that draft's line numbers:

1. RESPECTING INDIVIDUAL LIBERTY AND TRANSPARENCY
SADC, page 4, Section 2.01 (Powers) after line 8, please insert:
All government powers are derived from the just consent of the governed who shall always be free to alter or abolish these powers pursuant to this Charter. All powers not expressly granted the county government are reserved to the people. The doctrine of nonresistance to arbitrary power and oppression is expressly rejected as contrary to the genius of a free people. All interpretations of this Charter shall be consistent with the United States and Florida Constitutions and Bill of Rights, the Universal Declaration of Human Rights and the Inter-American Human Rights declaration of the Organization of American States.
line 416 Section 10.01 Construction of the Charter, please add at end:
, respecting the rights, privileges and immunities of the people. See Section 2.01 (Powers)
PLEASE ADD STRONGER CONTROL ON EMINENT DOMAIN POWER
4.11 EMINENT DOMAIN -- please change caption to: "LIMITATION ON EMINENT DOMAIN POWERS" and kindly add two (2) new sentences on line 203:
"Eminent domain may only be used for a public purpose. Eminent domain shall not be sought or granted for profit-making enterprises."

SADC page 4, lines 86-88 TRANSPARENCY --
Please correct typo in section numbering (should be 2.02, not 2.0.2) and kindly add the following new language after existing sentence on line 88:
"Access to county government bids, contracts, expenditures, proposals, statistics, reports and other information shall be made freely available on the County's interned website. No excessive fees shall be charged. Fee waivers shall be freely given for citizen document requests that will help increase understanding of government operations, as under the federal Freedom of Information Act. No public funds may be spent resisting disclosure of government records where no exemption exists. No 'Strategic Lawsuits Against Public Participation' (SLAPP) actions are authorized and none shall be filed or threatened with government funds. Accurate data on all county government programs and offices shall be kept, including GPS data on county vehicle use. The 'Sullivan Principles' shall be adopted by ordinance. An annual report on transparency shall be prepared, proposing ways to increase transparency and public participation, with consultation from citizens and organizations such as Transparency International."

2. REFORMING AND REINVENTING GOVERNMENT AS WE KNOW IT
Please INSERT a New Section 2.03:
2.03 REFORMING AND REINVENTING GOVERNMENT AS WE KNOW IT
The Charter government shall enact ordinances to reform and reinvent county government as we know; it shall promptly enact ordinances:
(a) Creating an independent Inspector General to investigate waste, fraud, abuse, misfeasance, malfeasance and nonfeasance;
(b) Creating an Ombuds to assist citizens and be an advocate before offices agencies, boards and commissions;
(c) Creating a Police Review Board to hear complaints against law enforcement agencies;
(d) Creating a Budget Review Board to investigate and suggest budget-cutting measures on at least a quarterly basis after evaluating programs, policies, services and procedures;
(e) Creating a County Council on Integrity and Efficiency (CCIE) to work with the County Administrator, Constitutional officers, the Ombuds, Inspector General, Police Review Board and Budget Review Board, citizens, professional organizations, educational institutions and other government agencies to analyze data, identify problems and propose solutions to the Charter Board of Commissioners.

PLEASE ADD Stronger Language on False Claims:
please amend section 4.12 False Claims as follows
line 205 insert in lieu of the word "reduce" the word "extirpate"

Line 206 add at end -- "The Charter County government ordinance on False Claims shall contain a 'qui tam' provision allowing relator lawsuits against government contractors and shall be at least as strong as the Florida False Claims Act (governing state agencies) and the Miami-Dade False Claims ordinance. The county shall maintain a list of suspended and debarred county government contractors and shall not contract with any person, firm or organization on any federal or state list of suspended or debarred government contractors."

3. ENVIRONMENT, SAFETY, HEALTH AND ARCHAEOLOGICAL PROTECTION
Kindly insert a New Section 2.04:
2.04 ENVIRONMENT, SAFETY, HEALTH AND ARCHAEOLOGICAL PROTECTION (ESHA)
(a) Waiver of Sovereign Immunity. County employees have a fundamental human right to safe, healthy workplaces. The Charter government consents to regulation and fines by the U.S. Occupational Safety and Health Administration and Occupational Safety and Health Review Commission. St. Johns County expressly waives all sovereign immunity for worker safety and health matters, rejecting the 2000 Florida legislature vote exempting government employees from OSHA's protections.
(b) Environment, Safety, Health and Archaeological (ESHA) Protection Agency. The Charter government shall reorganize government functions touching upon the environment, safety, health and archaeological protection, including:
(1) Reorganizing county functions to create an Environment, Safety, Health and Archaeological (ESHA) component, to improve and enhance environment, safety, health and archaeological protection.
(2) Investigating single payer health insurance for all county residents and presenting any suitable charter amendments for public vote in November 2010. See, e.g.,www.capecare.info
(3) Investigating the flooding, drainage, environmental, farming, infrastructure, economic and overbuilding crises in St. Johns County, supporting enactment of a proposed St. Augustine National Historical Park, National Seashore and National Scenic Coastal Highway Act, farmland protection and making other recommendations for action.
(4) Investigating the feasibility and timetable for a "Living Wage" ordinance protecting defining the rights to living wages for county government employees, employees of county government contractors, and employees of county government franchisees.

4. WHISTLEBLOWER PROTECTION AND COLLECTIVE BARGAINING RIGHTS
Please insert a New Section 2.05 as follows:
2.05 PROTECTING FREE SPEECH AND COLLECTIVE BARGAINING RIGHTS:
Charter government employees and employees of county government contractors and franchisees, shall have the right to organize, bargain collectively and criticize management and the Charter government. The Charter Board of Commissioners shall enact an implementing ordinance.

5. SEVEN NONPARTISAN SINGLE-MEMBER DISTRICT COMMISSIONERS
page 4, BCC
line 99 strike "five" and insert "seven"
line 100 add after the word "terms":
", elected by voters in seven individual districts in nonpartisan elections.:"
page 5, Section 4.03 Districts
on line 116, please strike "five" and insert "seven," please strike "5" and insert "7"
on line 124, delete "five" and insert "seven"
on line 133-134, insert as new first word under 4.06(a):
"Nonpartisan"

6. PLEASE DELETE TERM LIMITS:
line 139-141 -- please delete term limits in their entirety

7. PLEASE ADD MEANINGFUL CAMPAIGN FINANCE AND ELECTORAL REFORM, INCLUDING COVERAGE FOR CONSTITUTIONAL OFFICERS

line 170 -- please strike $250, insert $400 and kindly add:
"provided, that no campaign contributions may be accepted from any entity that does not meaningfully disclose and identify all of its U.S. and foreign investors and beneficial owners and identification of all past, present and prospective county government favors sought and granted pursuant to an ordinance to be adopted by the Charter Board of Commissioners."

after line 185, please add:
"7. All Constitutional officers shall be selected to four year terms in nonpartisan races commencing in the year 2012."
"8. All Constitutional officers shall be susceptible to recall in the same manner as any County Commissioner."

8. PLEASE ADD AN ELECTED COUNTY ATTORNEY
lines 255-257 -- please delete sentence and insert in lieu:
"The County Attorney shall be elected by the people in a nonpartisan election for a four year term, commencing with the November, 2010 General Election."

line 263 please delete "report to" and insert in lieu "advise"

lines 275-277 please delete this sentence in its entirety

lines 285 -- please delete "is removed by the board" and insert in lieu thereof: "removed by recall election"

line 289 -- please reword as "6.04 Election of County Attorney"
line 290 please delete all words after "The County Attorney shall" and insert in lieu:
"be elected in a nonpartisan election open to all voters every four years commencing November 2010."

9. PLEASE ADD AT LEAST FIVE CHARTER POWERS OVER THE FIVE CONSTITUTIONAL OFFICERS
line 76 in lieu of period please insert
"except as to False Claims, Nondiscrimination, Reforming and Reinventing Government, Campaign Finance and Electoral Reform and Environment, Safety, Health and Archaeological (ESHA)" protection;

line 296 after "functions," please insert
"except as to False Claims, Nondiscrimination, Reforming and Reinventing Government, Campaign Finance and Electoral Reform and Environment, Safety, Health and Archaeological (ESHA) protection."

10. PLEASE ESTABLISH MORE REASONABLE NUMBER OF PETITIONS FOR CHARTER REFORM PROPOSALS BY INITIATIVE
lines 369 and 370 -- please strike "eight percent (8%)" and insert in lieu: "two percent (2%)"

11. PLEASE CLARIFY THAT NONDISCRIMINATION INCLUDES HUMAN RIGHTS ORDINANCE
line 453 after "county," please insert:
in housing, public accommodations, employment and education through adoption of a strong Human Rights ordinance.

B.. QUESTIONS FOR FURTHER DISCUSSION BY COMMISSIONERS,
1. DEVELOPMENT DISTRICTS:
Query: how shall they be brought under the Charter?
2. CONSOLIDATION:
Query: What procedures should exist for studies/proposals?
3. RECALL OF ELECTED OFFICIALS
Query: Shall the Charter make it easier to recall an elected official than under current Florida law applicable to Charter counties?
4. Query: Shall the Charter give violations of the Charter and human rights ordinance as an additional basis for recall?

CONCLUSION

I look forward to hearing your thoughts and discussion.

Thank you.

With kindest regards, I am,
Sincerely yours,
Ed
Ed Slavin
www.cleanupcityofstaugustine.blogspot.com
Box 3084
St. Augusitne, Florida 32085-3084
904-471-7023
904-471-9918 (fax)