Miami-Dade Board of County Commissioners Special Meeting

test test I have a motion and a second all in favor say c1 organizations to bring the icp, the independent civilian panel into existence. So, I am really here to speak on all o oversight. But a sheriff does not have to agree. That MAY be subject at the election time. But what is most important is this commission can make sure the miami-dade police department continues in a strong and effective way as a county municipal police force. Is that will allow the community to continue to work with the miami-dade police force in building mutual trust. And the icp is a major engine of mutual trust between police and the community. We need civilian oversight and we need the miami-dade police force to continue. So that civilian oversight can continue as a matter of county law. So I urge you to find a way. >> Chair Diaz: thank you for your testimony. Ma'am? What good afternoon? Ds my address is 180135 n. 18th ave. In the city of miami gardens. I did not plan our ordinate with MS. Baker to speak after her. I am here on behalf of the independent civilian panel. I am the chair of that panel. And I echo MISS Baker's concern. And what she eloquently stated her position for this panel. What I will add is we command the mayor's office and all the commissioners for the work they delegated on this issue. We support the framework that the mayor generated for this dais. The framework clearly codifies and articulates all of the concerns were expressed by all the community stakeholders. The framework encapsulates the meeting that the mayor hosted. It clearly lays out all of the concerns. As such we clearly support commissioner-excuse me CHAIRMAN Ds item number one is most accurately reflects the framework. It is an understatement of the importance of civilian oversight. also an understatement of the partnership that there police department fortune the community. As such we would be remiss if we did not stand before you today to show are adamant support. Thank you. >> Chair Diaz: thank you, ma'am, for your testimony. Sir k-nine. >> CHAIRMAN:commissioners CHAIRMAN At 341 airman DR. I ask you the md pd is a preeminent, first rate agency in the state of florida. This is internationally recognized law enforcement agency they received accreditation for law enforcement agencies in 1993. And by commission for florida law accreditation in 2004 one there are ludicrous unfunded attack and unfair scrutiny. It would be woefully unwise for you all to allow a fluke of an amendment voted on statewide to ruin what a good think you all have going on here in miami county. To essentially privatize the police department to a sheriff's office would be detrimental to the quality of service. At the md pd every police director has been a individual who rose through the ranks who knows the ins and outs of the organization. The same cannot be said for sheriffs office agencies across florida. Your neighbors to the north of an unqualified liar, an agency outsider at the helm of their sheriff's office. As a result agency morale has plummeted and service has suffered. You do not want that for miami-dade county. Your neighbors to the north also lost a credited badge do to mismanagement and malfeasance from their former now ousted elected county sheriff. By going along with the selected sheriff you all would be destroying a good high functioning thing is a gamble of a replacement to get a better deal. I am here to tell you in elected sheriff is not a better deal for miami-dade county. Is not a good deal at all do not fix something that is not broken. Seat only what the statute, as to regalado, maintain police under a function of this government! And I love your alliteration. It was on fire. Okay, with that anybody else at this time who would like to speak? Because I am missing a lot of names who signed up. Sir , your name and address k-nine. >> the mark emanuel. 211 brickle. I was going to follow bob if allowed will not use more than two minutes. >> Chair Diaz: sir, are you representing an agency? >> I have been engaged by the florida sheriffs association >> Chair Diaz: by him giving him five minutes if you want to split it up it is on you or whatever. Or just yourself speaking for them. >> I will start first >> Chair Diaz: before you start, sir. Is there anybody else chair. >> Chair Diaz: point of order. >> aclu was your facebook two minutes we are clear you will give the association of sheriff extra time is an organization that just got two minutes. I think if we let their attorney speak that takes the 6:55 minutes. And I think that is unfair everyone else is given two men. >> Chair Diaz: I have stated I will give them a total of five minutes. I am very clear. Sheriff let's start again. Thank you, sheriff. >> I will take the five minutes. Good morning MR. Sherman and commissioners. I am a past PRESIDENT Of the florida sheriffs association and currently chair the fsa legislative committee. I am here today on behalf of the florida sheriffs association of florida's 66 elected sheriff's. Can you hear me now? A little better? With me today are sheriff john peter from walton county, and will schneider from martin county. I will provide an overview of our position. Window in NOVEMBER 2018 a super majority of florida voters including 50 percent of the total miami-dade county voters. Is 60 percent of the voters in the and incorporated area of miami-dade passed amendment ten. And added to the florida constitution requirement the be in elected sheriff is the chief law enforcement officer in every one of florida's 67 counties including here in miami-dade county. The florida constitution is now clear. Counties are prohibited from transferring elected sheriff duties to the other person or county entity. The florida statutes are equally clear. Sheriff shelby and conservatives of the peace in the county. And sheriffs shall make arrest for breach of the peace. The statutory provisions were intended by the legislature to be broad and all-encompassing and they are. They codify the sheriff's police powers and law. The duty of the miami-dade county sheriff being the conservator of the peace and performing other statutory duties such as suppressing ryan and raising the power of the county is exclusive to the sheriff. In the constitution is clear those duties cannot be altered including delegating those duties to the miami-dade police department. And the anticorporate part of miami-dade county after JANUARY 2025. This is the court issue. Will provide primary police services to the and incorporated part of the county be the county's chief law enforcement officer. That must be the sheriff elected by the people because miami-dade county is not in constitutional isolation cannot stand separate from florida 66 other counties. This commission can decide who constitutionally elected sheriff without power or responsibility. The other 66 counties do not have it wrong. Have a county police department as sheriff is contrary to effective law enforcement. If there exists a md pd and sheriff there will be duplication that will cause confusion, chaos and undue financial burden on the taxpayers as they will pay for two entities to do the same thing. It is double spending for the same services. The duplication of those cost would be in the tens of millions of dollars. Further, the sheriff is the right of his or her own human resources, personnel procurement and purchasing. Legal section, cars and a physical facility in which to operate. Again all of this is unnecessary duplication and cost to the taxpayers. Any proposal that gets the sheriff is not pro-law-enforcement it is not pro pd. The work by md pd does not change. It just means the same people doing the same great work will be led by the constitutional sheriff as opposed to political appointee. The proposal to do anything other than turnkey md pd to sheriff is contrary to what a majority of the miami-dade voters said they wanted. Share providing services directly report to the citizen. And such action woul to the contrary would be contrary. While decisions must be made we not had time to meet with all of you individually. We asked today you delay your vote or consideration given to the important, practical and legal issues. And we have time to engage with individuals. MR. CHAIRMAN " for your time today and your consideration of the association. >> Chair Diaz: thank mac, sheriff. With that I think that is it. So, with that MADAM Attorney. Let's start with the two I specified to you. And then unite all the sheriff's issues we will need those to the end and read all the other offices prior. >> yes, sir. The first item you wish to address special item number six. Which was a resolution county policy related to miami-dade medical examiner and reestablish constitutional office of the sheriff. And directing the mayor designee to exclude county employees for grants and licenses used by the medical examiner any transfer agreements. With the newly established constitutional office of sheriff. And you also wanted to take up special item number seven which is resolution establishing county policy to continue to provide funding as part of the court funding obligation. Directing the county mayor or county mayor's designee to exclude bailiffs from any draft transfer agreements prepared by miami-dade county for the reestablished miami-dade county sheriff's office >> Chair Diaz: thank you MADAM Attorney. Commissioner heyman k-nine. >> Raquel Regalado: as a point of order as a question I am confused. We say we believe sheriff's items to the end but you just read off two items that have to do with the sheriff. Are we leaving the sheriff's items to the and? Or are we going to take some sheriff items first and then to the clerk and elections and go back to the share a few because these are sheriff's items? >> commissioner payment to answer. >> Sally Heyman: these are not sheriff's items if you look at what was on the ballot. What was elegantly explained by the lesher facebook is says you cannot take responsibilities, obligations, etc.'s that are sheriff's duties. As to your specific question on are we taking up the sheriff item. The two items I have on here are duties obligations in the past not currently. And I want to prevent it from being considered in the future. That is to qualify it. The only reason why, I cannot see something about the medical examiner going perhaps into the elections director or whatever. That is why it is limited to referencing the sheriff versus under the reestablish miami-dade sheriff's office. Versus saying tax collector or clerk of the court or elections person. >> Chair Diaz: on a point of order commissioner martinez on a point of order. >> the medical examiner is nothing to do with anything does not need to be here. That is fine. On the bail of one it is a sheriff items specifically. Because the sheriff's executive officer of the circuit court and the sheriff of the county shall be the executive officer of the executive court. The sheriff will be responsible for establishing a security plan. With the chief judge and the administration. >> Chair Diaz: I will take that item out on the sheriff side and continue with the medical examiner's office. >> Sally Heyman: I am fine to do medical and speak to the bailiff >> Chair Diaz: on a point of order. >> on the point of order I just have a question for oren. And there is also another item floating around for corrections that did not make it to this meeting that had its first reading that will come back. Oren, if these items are currently under md pd and now we are deciding what goes under the sheriff and what doesn't go under the sheriff. In terms of the bailiff and collections and medical examiner. What is your interpretation of a municipality providing municipal services? Because this always and as we determine what would do with md pd k-nine >> Chair Diaz: I do not want to go outside. >> and is asking his legal opinion on it this is related to the office of the sheriff >> Chair Diaz: that item is not before us, is it? It is not before us. So therefore there is no argument on that item right now we can take it when we did the other shares item and you can discuss that at that time, to. >> my point is these are all services currently under md pd. If we are talking about the reclassification of md pd the question is are those items related k-nine is illegal question. >> go ahead and answer the question MR. Attorney. >> it is currently under separate department the medical examiner is separate is not under the miami-dade police department. The current a list function provided by the county through the ministry of office of the court are not under the miami dade police department. >> Raquel Regalado: that would be no issue for as providing medical examiner services to other municipalities gimmick. >> the medical examiner is a wholly different function not related to the sheriff's duty. It is a separate statute so they are not related. >> Raquel Regalado: that is all >> Chair Diaz: do you have your item move it forward. The one item. >> Sally Heyman: thank you specific to number six thank you for all three annunciation's counselor none of them are under the sheriff's department now. And that is what the cdc folk trace to qualify. You cannot start extrapolating certain things you don't want to be under the new designated sheriff. With that because of its independence, especially tied to everything that is not criminal justice oriented with over 14,000 cases dealing with cause of death and facilitating organ, bone, tissue donation, etc. It is, has always been and will continue to be an independent not a subordinate agency or department or unit under the sheriff's office. With that I move item number six. >> Chair Diaz: okay. On the medical examiner you have an item, you are moving it gimmick. >> Sally Heyman: yes >> Chair Diaz: I have a motion by commissioner payment second the vice CHAIRMAN And commissioner sosa, roll call on the item. Commissioner cohen-higgins. >> [!Ez speaker 30]: I will kind of repeat myself. I am not entirely familiar with the medical examiner's office and how they operate but I think it would be important to hear from them and/or the demonstration on if they are supportive so I have a clear understanding if they are. >> Chair Diaz: I think that is important. MADAM Mayor k-nine. >> Mayor Levine Cava: yes, yes we are in favor of the medical examiner continuing to be a county department. >> conductor hutchins, p is here >> Chair Diaz: doctor hutchins can you please make it to the podium? >> Chair Diaz: name and department, please. >> doctor hutchins medical examiner's office. >> Chair Diaz: thank you. >> more than 12 people so give it a second. >> I agree with adam mayor and commissioner heyman the medical examiner's office should continue to be under miami-dade county. >> Chair Diaz: thank you, sir. So I have a motion, I had a second bite two of my colleagues. MADAM Clerk? >> commissioner cohen higgins cuba. >> for quite commissioner hardemon. >> yes. >> commissioner martinez. >> aye. >> commissioner mcghee. >> yes. >> commissioner regalado. >> yes. >> commissioner sosa. >> yes. >> vice CHAIRMAN Gilbert? CHAIRMAN Diaz gimmick motion passes unanimously. >> Sally Heyman: MR. Chair k-nine >> Chair Diaz: commissioner heyman followed by commissioner sosa. >> Sally Heyman: if I like to item seven because I was concerned. One about separation of power with the legislative body. And number seven deals with the bailiff. As it is tied directly to trial courts in miami-dade county. And while I appreciate the statement of who has security provisions and law enforcement jurisdiction over our courts. The bailiff program is not under it. It is for judicial administration functions of the 11th judicial circuit court. They are not law enforcement, they do not have weapons. And it is under the police department for crime. But as far as administration goes, flexibility and responsiveness of the bailiff program. It is strictly court administration under the chief judge. That is the current status, that has always been that way. They are not armed it is for enforcement >> Chair Diaz: I will ask my colleagues expressed I like to give them let's expres discuss it and maybe the same as the sheriff's item. Because we already discussed that and I said we would move it for later. With that unless there is something else. >> Sally Heyman: one last thing. In that case the acting chief judge souto for judge stacy said she could change her calendar. If you give it a time certain. Because I said I would make that statement and see if it sufficed. If you could give a time specific she could come off the bench >> Chair Diaz: right now I do not know how long I cannot give a time certain. But if we discussed the other issues, the other constitutional officers. the overwhelming item which is the sheriff issue. And I would say maybe give it a couple of hours if I would give you a time. Commissioner sosa k-nine >> rebeca sosa: I have a question, a point of personal privilege. I was told the item was requested by another commissioner. Because of the sunshine law we don't have a way to know. And I am interested in making sure whoever requested the item brings it to the table. And I will gladly cosponsor for our department under the jurisdiction of the county commission. >> Chair Diaz: and I believe I do have that. And we will discuss sheriff out here the discussion on it. But like everything else, guys. This is important to discuss and talk about it but not to pull the trigger, no unintended. With that, MADAM Attorney, let's go please. >> Attorney: MR. Chair if you would like to take up the supervisor of elections next >> Chair Diaz: let's go with that is special item number two. Which is resolution directing the county mayor or county mayor's designee to inventory county employees, real property, assets, equipment, contracts, grants and licenses used by the miami-dade elections department; directing the office of policy and budgetary affairs to study the operation of the county supervisor of elections in the 20 largest counties; directing the county mayor or county mayor's designee to create a transition plan and draft agreements for the reestablishment of the miami-dade county supervisor of elections office; and providing for reports to the board a and special item number ten is resolution establishing county policy related to the reestablishment of the constitutional office of supervisor of elections in miami-dade county; directing the county mayor or county mayor's designee to inventory county employees, real property, assets, equipment, contracts, grants and licenses used by the miami-dade elections department; directing the county mayor or county mayor's designee to create a transition plan and draft agreements for the reestablishment of the miami-dade county supervisor of elections office; directing the county mayor or county mayor's designee to propose amendments to implementing order 4-76 to provide for the transition to the constitutional office of supervisor of elections and continued provision of county employees as poll workers; and providing for reports to the board a. >> Chair Diaz: thank you MADAM . A. >> Chair Diaz: thank you MADAM Attorney. I think I had an adjustment, MADAM Attorney. I think I had an adjustment on the part the 20 largest counties, a degree were changing department to make it simpler and more to us. and two more who we are. >> att. Bonzon-keeney: yes, sir. We can make that change to special item two >> Chair Diaz: on the item you can move it. I have a motion and I have-. >> Raquel Regalado: I have a question >> Chair Diaz: I will open it up and I will second it. >> Raquel Regalado: helpful we do two items gimmick >> Chair Diaz: we will hear the other item, to. >> Raquel Regalado: but we just moved the first one. I am just asking procedurally what is the plan >> Chair Diaz: you know what, commissioner, you are right. I want to hear both items. And between both items we decide which item to move forward. The floor open discussion that is what we do we first and second and discuss. Let's do that list to the other item, too. >> I read both one is special item number two with the proposed amendment to change 20 counties to ten. Is special item number ten. >> Mayor Levine Cava: MR. Chair? >> Chair Diaz: yes mayor. >> Mayor Levine Cava: of like to make >> Chair Diaz: there are separate items. You can make comments. >> Mayor Levine Cava: both items together >> Chair Diaz: we are both item you want the administration to make comments? I have my colleagues before you madam chair need to know. Any comments before you guys gimmick. >> Raquel Regalado: I think it is important if we talk about the difference between the two because your item and my item are similar. I think we can work it out I do not need my item. I think we could determine between the two what the differences are and or and can help us with that. I think we both want to do basically the same thing. But I focused a little more on the audit and ensuring some of the policies that we have right now. >> Chair Diaz: small differences. >> Raquel Regalado: they are small differences I think that is the best way to deal with all of these. The ones that are similar will distinguish them. I do not know, or and, if you want to establish them or the makers. What is the best way gimmick. >> whatever the preference is. >> Chair Diaz: just to set the table go ahead and move it. >> commissioner-CHAIRMAN Deas item has a different provision from commissioner regalado item. That commissioner deas includes the direction to the office of policy and budget affairs. To study benchmarking in the supervisor of elections office. And the ten largest counties. In addition the CHAIRMAN's item since the date of the first report for the inventory to AUGUST 15th. As opposed to JUNE 15th it is a later date. just a couple different from CHAIRMAN Deas and commissioner regalado she directs the mayor not to purchase or lease any additional real property for supervisor of elections until such time as a constitutional office takes office. For the provision to prepare a draft amendment implemented order four-six which is implementing order currently created to provide for the elections department for among other things utilize county employees and the provision of bulwark or and deputies. So that would continue through to the constitutional law office. In addition I believe commissioner regalado item are talking about negotiating a transfer agreement for the county. To provide administrative services to the supervisor of elections was that transfer to be-once again for multiple years. This is the difference between the two items. >> I will accept both. It will take a minute but I think we are good. >> Raquel Regalado: just to explain a few things. I understand the elections department is a capital plan. My concern is we will have a constitutional officer who MAY not agree with that capital plan. Need to put a pin on it and work out. Before we rush to do something a constitutional officer MAY not want. And I also think when we talk about using county services. we need to plan for our budget. So we can have somebody on a six months, one year. At least we have two year agreements from a budgetary perspective we can figure out what isd is doing. What it is doing. I think that is something important we should consider with all these offices. I would love to have these included in your item and happy to support and second it >> Chair Diaz: I have a motion. >> in the later date of AUGUST, too >> Chair Diaz: on the merging of her item into the item I put forth. Now on that, MADAM Mayor. I think it was important to discus appear before a open it up to administration. Okay a point of order by the vice CHAIRMAN. >> Vice Chair Gilbert: I just wanted to make sure we got what commissioner regalado we will make the changes they keep it at a later date >> Chair Diaz: before we go commissioner martinez you wanted to say something. And commissioner higgins. Commissioner higgins, go. >> Eileen Higgins: I just have a quick question as it pertains to process and procedure and this MAY be for the attorneys. With the items commissioner rigoletto mentioned this in her statement. Regarding the capital plan. If these constitutional officers do not agree with evening repast today. What is their authority to change it? >> Chair Diaz: they can change it. >> they are independent constitutional officers. They would put into a budget that would be submitted to the sport. Our budget honey to accomplish with the believe they want to do with their office once they take office. >> is upon this board to approve that? Or is it not in our purview? Who has the final say on how these cause additional offices will function and operate? Is it as our those constitutional officers gimmick. >> those constitutional officers will provide a budget for their board to approve or disapprove each constitutional officers budget. Follows a different path in terms of how it gets decided. And if you have specific questions we could come up and talk to about it. The board funds constitutional offices based on the budget commission or decide not to fund something. And to challenge the board of the decision not to fund a budgetary request. And that goes to different aspects of the state and that appeal. >> Raquel Regalado: what we are doing today in any future meeting is essentially setting up a proposed framework for these constitutional officers. That once they take office can change or alter what they wish by way of presenting a budget back to the sport. Meeting is not a fixed process gimmick. >> correct. A lot you are passing to the supervisor of elections. Currently have a miami-dade office that functions as the supervisor of elections pursuant to our charters. Transferring to the county mayor. In the county mayor has provided for that. That department has a lot of access, employees, contracts and all the capabilities to run a supervisor of elections office. The item proposed by CHAIRMAN Deas do is it directs the administration sister inventory those items. So we do not have use for those items. To create transfer plan to transfer to opportunity to the extent they want to to the educational office. And to the extent they want to hire those the ability to transfer all those assets to the elected supervisor of elections starting in JANUARY 7, 2025. So that that supervisor will be able to perform her obligations under florida law is independent constitutional officer. Was that transfer plan is negotiated with the ongoing constitutional officer we transfer everything over. And pico and proceed with state law. The independent supervisor of elections will decide how he or she will operate her office and make budgetary request to this county. Or what more they would need. And will be able to evaluate this budgetary request and whether to approve or disapprove subject to whatever appellate process there would be for those budgets. >> vital question. If the sheriff wants one of these departments we stay in the administration today. Could the sheriff somehow adopt those apartments gimmick. >> it is a question of the share. Is not saying cannot take a county department. The sheriff has the authority to define the way in which the sheriff will defend the sheriff's office. They would say I need at budget to provide the service to the residents of miami-dade county and to the board. It is similar but different for the share. It is not a question of the sheriff said I will take this piece of property owned by miami-dade county. It is a question the sheriff said I need a similar piece of property to perform my services. I am putting that in my budget to accomplish that. >> thank you so much. >> go ahead. >> I am sorry I had commissioner martinez first. >> thank you commissioner cohen higgins, had the same point. A lot of these we are putting in, MR. Attorney. Things we are doing now is maybe a framework. Continue the provision of county employees. The election supervisor does not have to accept that, or does he or she gimmick. >> the independent constitutional officers determine who they will employee. >> if I MAY we are talking a lot of things there's a lot of information. Our director policy and budget I like that. How is the elections department currently funding? Is that I have a question while she walks up, MR. Attorney. Doesn't the constitution state? Or the sheriff's office has to or shall provide at each polling place? What there is a provision in florida statute that says sheriff deputy has to be available at a polling place at the request of the supervisors. There are other provisions the said you can't have an uniformed officer what you can or cannot? What you cannot have a uniformed officer in a polling place. I operate that is between the constitutional office of the sheriff the constitutional office of the board of elections was the amendment tends takes effect. >> currently empty pd we call it a police department but they are sheriff the cars are green and white the badges are sheriff's the cards are deputy id cards not police officer cards. When I was there the we worked around it. Because they do have to comply with that devin available. They say we have enough officers in the area to cover it. Re-familiar with that? >> yes. >> does our current sheriff's department the one we call empty pd have to have an officer in each polling place? Not inside, I know that but my understanding there is an arrangement between the elections department and the police department. As you know performs the duties of the sheriff as well as other duties and functions. Devin arrangement to provide adequate staffing for that security force, yes. >> thank you. The poll workers, how are they currently done? >> office and budgetary affairs. The elections department is funded with countywide general fund money. Individual elections if they are held off cycle for the marginal increase in cost. For cities or other jurisdictions paid for by those jurisdictions. We have temps we hire as poll workers as part of the elections department budget. And they are paid to the election department budget. By general fund again. And we have county workers that assist and get a statement. That is charged to the countywide general fund. Those employees are paid that day. They MAY be paid by whatever department they work for. But the statement itself is paid for by the countywide general fund. These post it for the election what that is for the poll workers that they paid 125 a few for those workers. This addresses the county employees that we incentivize. >> if they do not receive a stipend they are just getting admin time. It would essentially be born by the department of which they work. The salary is paid for their salary is paid. >> that would be something to negotiate at a future time. >> that is part of the transfer provisions and the administration is directed to propose a plan for the sport. For this board to consider starting JANUARY 2023 of how to accomplish that. >> all these negotiations take place between the election date of NOVEMBER and JANUARY a few. >> election date of NOVEMBER would determine who would be the supervisor of elections elect. And the JANUARY 7th date is the date in which they would take office. That is a time period. >> Joe Martinez: this is the general, the administration whoever the mayor is at the time. They would have from NOVEMBER whatever that might be until JANUARY 7th to negotiate all these contracts? And all the stipulations we are coming in as well as what is coming up? >> that is correct. >> Joe Martinez: cool, thank you >> Chair Diaz: commissioner regalado. >> Raquel Regalado: or in:just to clarify a few points. To commissioner cohen higgins question I wanted to be clear. I know we're dealing with the sheriff later and it will come up again. As you mentioned when dealing with these constitutional officers they come before this board to approve their budget. There was a case. It ended up in the supreme court. It was specifically about a sheriff's office and moving funds between line items after it was approved by the board of county commissioners. And then in the last legislative session that was changed in part by the sheriffs association. So the sheriff can be between line items. But the rest of the constitutional officers as of now cannot. >> the case you are referring to had to do with the way the sheriff had to present their budget to the board. And the supreme court said in order to give latest statutory provisions the sheriff could not alter those subcodes. The legislator that change the statutes as it relates to the sheriff's office. We would have to go back and answer your question by looking at the budgetary provisions for the other offices. I would have to get back to you on that specific issue. >> but my point is in our role as a legislative body that improves the budget. These constitutional officers will submit line items. There will be a capital line item, there will be a poll worker line item this will all be included in the budget. Obviously, that budget. The flexibility or the lack thereof of that budget. That is the checks and balances we provide in this scenario. I want to be clear there is a roll here it is not a rubber stamp there are limitations there. And also, researcher. i think it is important in our item. One of the things I think the transition plan does looking at these points. It is provide whoever the mayor is at the time these negotiations happen. A well thought out, available negotiation option. And the more negotiation options they have the better. The county employee, I think, is a worthwhile negotiation. Because that is free labor. The elections department will get trained free labor who has done this work for a long time. And with it comes at tremendous amount of goodwill. I think those are all things the county mayor will be able to navigate. In the more information we have and the clearance the transition plan is on what the options are and what the cost will be and the benefit to the county. I think the easier those negotiations will be. And these are all public records the candidates running for these officers was it is reports, these transitions. Is not likely fell off a turnup truck when elected in NOVEMBER. This is going to be part of the discourse part of the campaign. Thank you >> Chair Diaz: thank you and that is very true. MADAM Mayor go ahead. >> Mayor Levine Cava: thank you MR. Chair I just want to start with brief general comments. Not to the sheriffs item per se but the other items >> Chair Diaz: if you keep it to the item before us. >> Mayor Levine Cava: it pertains to this item that I will not have to repeat of the other items MR. Chair >> Chair Diaz: MADAM I don't mean to be disrespectful keep it to the item we have before us. >> Mayor Levine Cava: of course MR. Chair. Basically it is very important for our workforce to know that we are working very hard to ensure continuity. We are working very hard to protect the rights of our current employees. To make sure they are able in this transition to protect their leave policies, participation in the florida retirement system. Any union protection and we will work closely with this board and the newly elected officials once they are elected. To assure continuity. I just want to make sure that is clear across all these positions. And thank you, MR. Chair, and all the commissioners for careful attention to collaboration and process with our community and my office. Our people are up greatest asset and as we debate these transitions that must occur. It is the hard-working men and women is expertise we have relied on and their exemplary service in county government that is to be top of mind in this transition. We have approach this very methodically. We provided you with a chart that was distributed to you hard copy today. And also yesterday via email. That shows you the entire plan and how we are approaching it. So you can see the components and the timeline. And we will add to that timeline quarterly update reports to this commission. As to every aspect of the transition plan. To keep you fully apprised of our progress. So we look at it from every angle we have spoken to key stakeholders. Those directly affected and community leaders. And we want to make sure, as you do, that we maintain the same level of service the community expects and deserves. While minimizing the fiscal impact for this transition. If you could give to mind the timeline provided to you. I also want to emphasize that for this particular item, we are very concerned that we are given the ability to maintain services for the elections department. And that would mean we would be able to purchase and/or lease any new property that would be required. Or assets required prior to the transition so we can operationally provide the same level of service for elections. We would provide you the quarterly updates. But we do need the authority to make sure our services and elections are provided without any interruptions during this transition. Back MR. Chair. >> thank you MADAM Mayor. Now if we can move on we have had several more of these we need to deal with, okay? I accepted the three items as mentioned to the one I proposed. And I think they blend just right. And I think basically testimony has been given from those who have asked appear. I think it is pretty understandable. And let me be clear on all these items we have before us. It will be the person who gets elected for that position that will decide what was forward. I jevonte to put that. I have heard from everybody so far who wanted to speak. But they are the ones at the end of the day. Who will decide within the compound of the variance that they have. To be able to side. So with that I would like to take a motion. On my item. With the acceptance of the amendments. >> I will move it but can't I be co-prime a few since we merged I drafted half of it? >> Chair Diaz: it was three items difference but I will accept your prime on that. >> Raquel Regalado: I will move it >> Chair Diaz: on the copan? Co-prime. Commissioner martinez? >> Joe Martinez: I am trying to say, in order for the elections department to do their job in providing services. That you need the ability and authority to lease, purchase whatever it might be, correct? >> Mayor Levine Cava: yes and we have somebody from the department. >> with you are requesting would change that quick that is what I want clarification administration is asking one thing on what you're proposing. >> I want to keep what we have proposed for now and as we get the information and data back then we will change and acquire it at the time. By the way:I said is what we are doing here. This is information blending. Getting it out. And then meeting with the administration after the fact. A lot of these things are not written in stone in any way. Is what we are proposing and moving forward. Commissioner monestime. >> Jean Monestime: in all do I cannot support that motion you have election coming up in AUGUST and NOVEMBER. They are immediate needs that need to be supported. That this administration needs to entertain. If we have spending projects that need to be honored on behalf of the election department. If you put this right now whether now, or in 2024. You have to provide this leeway so the administration can help suspend the department. Whose priority is to maintain our democracy. >> Chair Diaz: I agree to you with the point that I would like to ask the attorney. MR. Attorney moving forward? This is a resolution setting policy. And also directing the mayor to have certain actions. The item at hand since the issue being addressed is a direction to the county mayor. To not purchase or lease property until the constitutional officer takes place. >> it is property not services or products. >> Chair Diaz: I heard that that is what I was asking the question. >> the services and so on can be maintained as stated. Or would it be hindered in any way by this item? >> Mayor Levine Cava: can we hear from the elections department, MR. Chair? >> Chair Diaz: we will hear from that. >> dana white is not here but her deputy is here >> Chair Diaz: MADAM Deputy state your name and do you work for. >> good morning susie training deputy election. Every even here's the department expense to three additional locations. This allows us to conduct our primary and general election. Currently we have done that the past several cycles. And we are in the ministry now working with ist for an additional property. Why do we need this additional property? We need to compare equipment we need to compare truck deliveries. We needed to accommodate are seasonal workers. The current space we have right now does not allow us to conduct the primary general election which is why we need the additional space. >> Raquel Regalado: MR. Chair i have a solution >> Chair Diaz: let me have the floor give me a second. MADAM Mayor we are talking the lease of an expansion how to purchase a property gimmick am I correct a few. >> Mayor Levine Cava: we are talking about a lease. >> Chair Diaz: for two days, three days? Every two years? What we are talking anywhere from one to five years depending on the property. Right now we are looking at a property for an extended period of time. >> to purchase k-nine to permanently lease five years? >> Mayor Levine Cava: five years. >> Mayor Levine Cava: equipment, MR. Chair, is also part of the situation. >> in your best judgment if you does not expand to those three properties will upset the election process? >> yes it will >> Chair Diaz: that is what I wanted to hear I have in this order commissioner heyman, vice CHAIRMAN And commissioner regalado. >> Sally Heyman: thank you MR. Chair. In support of allowing flexibility right now. We have the confidence in our election department, the administration, we have made significant advancements to maintain the integrity of our elections moving forward. Avoiding problems and being proactive. I don't think we should just shield it by shutting it off and say wait until we move forward when it is necessary for the constitutional officer. We have things in process now especially since the elections occur over summer recess. We could not fix it if we tried with flexibility. Allow it to be under the mayor's purview and operations now. Until it is consumed by the constitutional new position, thank you >> Chair Diaz: I think I can make this easy by saying this would not take place until 2025. And that will solve the problem. >> you cannot have a lease beyond 2025. >> Chair Diaz: no because at that point it would be that particular officer that would decide what he or she wants. >> so we can enter into any agreement that does not go beyond 2025? >> Chair Diaz: we can't stop this with one finger we want to do what is right. We want to plan is all in the interest of the people we serve. So with that and tried to combine the best of everything. But at the same time making sure we do the right thing. >> not if it will get overturned. >> commissioner monestime, the vice chair and I will follow up with you in a minute. >> thank you MR. CHAIRMAN. I think what you are saying and commissioner regalado is saying is not mutually exclusive. If you want to continue defective operations of election city to acquire those properties. the state they do it for every election cycle. Allow them to do it for every election cycle. But the lease should not go past one year. We would operate the elections. So if we are not operating the elections past 2025 then the lease you sign should be until that time. To the new person can execute whatever lease they need to elect in regards to real property. With regards to equipment to the greatest extent property after work with ist. Allows them to lease equipment if they are leasing equipment. And if they purchase the equipment. Have to operate the election. But the purpose is not to encumber things past the time when we would actually be responsible for it. Because if with the supervisor of elections and they decide to use those properties were taken a different direction. Than that will be on them. I think we can accommodate for the continued operation of the department. But also protect the county going forward past 2025. If we just limit the ability to 2025. They cannot encumber property past that point. >> Chair Diaz: that is basically the way I'm trying to say it and will not interrupt the mayor and the department. And it would actually, I think. Keep everything in order to the needs. Jen, I want to ask you a second. >> att. Bonzon-keeney: or and can correct me if I am wrong the language has to do with real property it is not impact equipment. He would not have an equipment issue. And leases, to the attorney, always have a way of getting out of it. If you do not have the locations for the elections department can operate. If they all stop that you have brought somebody into an office and they can't function. And there is an election. I don't know where the next election is. Say election is not just for a month. It is a long time. Is not allowing a property purchase you cannot get out of that. Leases of property and allowed the election supervisor to end the lease. Make sure the lease has provisions in it and allowed the election supervisor to end the lease if they decide they don't want it anymore. >> I tend to agree with that. Like you said it is real property. And that is the difference. I mean I am pretty clear with it commissioner monestime. >> Jean Monestime: I know we understand I am only following jennifer which is the year 2025 was mentioned many times. And there is a county wide election in 2026. So you are tying the hands of this new supervisor of elections. If you are telling them his lease expires in 2025 and he has to run the election 2026. And you understand I am not an attorney but dealing with contracts for a long time. That you do not negotiate a commercial lease overnight. If you want to enter a new commercial lease on the property in 2025. Election 2026 you are creating problems. Jennifer is correct and I am glad we have a qualified and competent attorneys here. That will tell you of course provisions can be put in place to revoke that lease if required. And support your item if allowing leases out there. To purchase of properties >> Chair Diaz: as long as they are done. Those leases are not done they have not come before us yet. And that is our prerogative. So they have to have those as stated by jennifer. Commissioner regalado. >>>. >> Raquel Regalado: I think the solution is. So for other leases. If the supervisor wants to keep those leases the candidate they throw them back at the county they could terminate them in 90 days. >> Chair Diaz: it will be subject to the approval of other people accepting that lease. I think if we keep it short and to the period. Maybe having a provision of extension. >> they have to accept it they MAY not want those properties. >> Chair Diaz: they MAY change by then. that is what they need new properties. Because voting does change. And they look for different availability of other properties. I have had two change in my district because of the need. They changed it to one smaller to a lot larger. And did not to the lease because there was one being built. That I believe is where is is that. Commissioner higgins? >> Eileen Higgins: we talked about leases but I want to make sure that would include equipment that is necessary. The equipment is not in here. I feel like the word equipment was mentioned. It is not in their it is just property. Any equipment they MAY need to lease >> Chair Diaz: am I incorrect gimmick. >> the provision on the deferral of the lease or purchase is only applicable to real property. Is not applicable to asset or real property. That would proceed as normal >> Chair Diaz: mayor, to clarify this. Mayor he did mention equipment and I do not see it in our resolution. Go ahead. >> we are agreeable to not have purchases they would come to this and the lease provision is the concern. I would only mention apparently we often have leases that include language to cancel for convenient. We do not want to tie up the hands. we are in a competitive market. At the end of the day we will have an inventory. We will be in this position for a lot of different properties and provisions as we make this. And we do not want to type the hands >> Chair Diaz: I appreciate that. There is a whole year before they get to the office. There's a whole lot that has been stated before but pretty much everybody here. The negotiations between the constitutional officers are going to be important. If not losses and issues that will take up more time. And gertie not happy at that point. >> MR. CHAIRMAN, oren, the council mentioned counsel for convenience. That is on point to get us where we need to be based on the discussions we have heard. Is that pretty much the language we can use to move this issue on a few and for clauses that should be in place to get to the destination we are trying to get to? >> you could direct the administration to deferral purchases. And for leases to remit only those leases that include the convenience clause exercisable by the county our office. To the county for the supervisor of election or any constitutional officer. >> enter the makers of this legislation. I believe that is the language the attorney would be willing to defend. >> Chair Diaz: i don't have a problem with that and except of of it I think it is fine. Commissioner martinez? >> Joe Martinez: there is a competitive market. Suzie, you say you have a building you look at gimmick. >> currently we are looking at a facility. If we lease this particular building we would not have to lease the three we have in the past. We are trying to streamline only have two facilities meeting election headquarters in this additional facility we are looking to lease for this upcoming election. >> Joe Martinez: for this upcoming election in AUGUST gimmick. >> correct. >> Joe Martinez: MR. Chair. What if you put this clause in and you have to end for convenience. What if they don't accept it than what? You know, see the building they are going with in the land owner says I don't accept this clause? I really don't know. >> Chair Diaz: I believe we have these in our contracts. >> the market is so hot right now. What happens with the election this is AUGUST election. >> Chair Diaz: I am in agreement. I am in agreement there this is immediate. But you are tying the positioning of the constitutional office. And I tend to agree with that, too. what is that constitutional officer does not want that particular lease anymore? >> Joe Martinez: it is a county building. I don't know what to tell you >> Chair Diaz: I am saying this is a catch-22. >> Joe Martinez: we need it for this election. And that person does not accept that clause. >> Chair Diaz: is still has to come before us. That is the way I look at it like any other lease. And maybe we can vote it up or down. And we can maybe ask them ahead of time. I agree with what commissioner martinez is saying. This is an immediate need right now that we need. This is more a proposal for later on. So now we have this particular situation. Vice-CHAIRMAN Followed by commissioner regalado. >> Vice Chair Gilbert: I heard the phrase tying their hands twice now. And I thought maybe we could have a universal understanding of what that means. What we are doing here the nature of separate out assets and duties and funding is not in and of itself easy. The department past the type it was with the ability to legally obligate the department. Meaning if we do something will come from a joint pile of resources particularly in election. It will come out of general funds. They will want to do something and give us a budget for it. If we've already paid for something in that area will not want to. Tying their hands would be limiting making the decisions that extends past our ability to make that decision. That is important for this conversation. An important concept moving forward. To have a lease that would allow the superintendent he/she to get out of the lease. Than we should have the lease. What we would have is a lease they can get out of. When they come to us with their budget we give them what they want. And then we have this building that we don't have anything to do with. If we type people's hands but we need to be cognizant of the date when we transfer the duties of the power of the supervisor of elections. Because when we transfer those duties to the greatest extent possible we need to transfer also our liability, the money we owed the property. We need to transfer that, too. I just want to be cognizant of what tying hands would be. Tying hands is going beyond the period in which we have the power to go beyond. >> Chair Diaz: a l r I gh t I think it has been clarified beyond a reasonable doubt. >> Raquel Regalado: I agree with the vice chair and I want to clear by something because it is been mentioned a few time. The commercial property market is not hot right now, we were here on tuesday talking about turning commercial into residential because we have empty commercial spaces. Just to be clear. When we talk about the leasing of the space. That goes to the heart of the operation. And whoever is elected to this office want to determine what their operations are. I agree with the vice chair. I think we get folks the ability to do this work now. But as long as we can get out of these leases as quickly as possible it makes it easier for the mayor to negotiate. And gives the new elected official more possibilities and we are not left with the albatross. >> Chair Diaz: with that, MR. Attorney, clarify. >> Attorney: as I understand your motion would be to adopt special item number two with an amendment to reduce the benchmark study from 20 to 10 largest. It would also incorporate all the provisions of commissioner regalado's item. >> Chair Diaz: the three provisions, correct. >> but you would amend the time to provide the reports to be consistent AUGUST 15th for the initial inventory report. Also proposing to amend the provision in section two a special item number ten that would be imported to say that the county-mayor or county mayors to cindy just different the purchase of any real property until after the reestablishment of the supervisor of elections office. And shall including any leases provisions for the termination of convenience by either the county or the success of constitutional officer in those leases. When presented to the board. And that would be the amendments to the item on special item number two. >> with that had a motion by commissioner regalado second by commissioner sosa, roll call as amended. So MADAM Clerk? >> commissioner garcia? Commissioner hardemon. >> Mayor Levine Cava: a point of information >> Chair Diaz: we are in the middle of a vote go. >> Mayor Levine Cava: MR. Chair >> Chair Diaz: we are in the middle of a vote but I will allow it. >> Mayor Levine Cava: I simply want you to be over the property described by our deputy director of election supervisor is a 25 year lease we cannot move forward with that lease without your approval. >> a five year lease. >> Chair Diaz: I am in the middle of the vote why could that not be brought up before you asked for a vote. >> Mayor Levine Cava: I would be happy to brief you on each item. >> Chair Diaz: that is why I take it at item at a time so we don't go global. >> Mayor Levine Cava: are isd was checking. >> I am sorry I was checking the terms and wanted to be accurate and just got the information >> Chair Diaz: you are talking about a five year lease gimmick. >> yes >> Chair Diaz: a five year lease put this into the chair of the constitutional. Will you do on the constitutional officer says I don't want this? What the landlord would not accept any other provisions in the negotiation. >> with that particular building? Do we need to find another building then? If that is the result of this board. >> it has specific on climate control buildings which was part of the need for that particular building. >> it could be a vacant building if you would like. >> Chair Diaz: that actually is a good idea. >> I have one last point >> Chair Diaz: if we will start this with all due respect. If we will go back and forth every item will be here until tomorrow. Will start ordering lunch, dinner and everything else. But let's get this together we are professionals. Let's make sure we move forward get the information upfront not after we are in process please. Commissioner higgins gimmick. >> I am wondering if I voted I do not know where we are. Because I would reverse. >> Chair Diaz: the votes done before are not take it at this point. >> Eileen Higgins: I think this board despite the fact we are talking about how do we transition smoothly and financially responsibly. And what to maintain control for the benefit of our residents. I do not think anyone has the intention to set any of these constitutional officers up for failure. And office space is something people need. And so I see no reason we cannot make an exception for the supervisor of elections to enter into a five-year lease. MR. Munos is there phrasing that would terminate for convenience in this particular five year lease gimmick. >> know the term is five years and you can renew at that point or not renew at the five-year point. >> can you yield a second, commissioner. >> I think we should move forward with the lease on this building is my point in this item. We should allow this lease to move forward >> Chair Diaz: the issue I have with this commissioner cohen higgins. We are signing this lease and before the board at the next meeting. That is 22, 23, 24, 25, 26. Deposit in one, two, two years already as a constitutional officer takes place. I don't have a problem, I really don't. But maybe in the lease it could be put the first three years. Based on the new constitutional officer weather might want it or not. But I do not want to tie the arms of the constitutional officer as stated by commissioner higgins to. At this point we are in a quarry there's a catch-22. I want to make sure we walk properly through it. Later on I do not want somebody to regret it or we get sued because we break a lease or something like that. Here from the mayor to finalize this and then to commissioner monestime and back to the vice CHAIRMAN. >> thank you MR. Chair. We were over and did present it was a five-year lease. And to say it only takes us one here past the election which is a normal transition period during which time we work with a new constitutional officer. It is not out of bounds. And there are other properties that will similarly have to be discussed. >> Chair Diaz: that is if it goes into effect immediately. Am I correct a few after we agree to it which is 2022? I just want to hear from my colleagues. I am willing to move on a blend. But I want to make sure what we discussed is discussed here first. Thank you MADAM Mayor. Go ahead. >> actually I will give credit to isd and county staff for bringing this item. I can tell they were anticipating this conversation. And even already requested from this perspective landlord to give them a five-year lease. because anybody who is in their relative profession. Those who can watching perhaps some in the room here. An average commercial lease is ten years. And I not right? They usually start at ten years for a commercial lease of that magnitude. Okay, on average. So, a five-year lease is a good position to be in. Especially in a market like this. Usually when it comes to smal