Commissioners to discuss possible charter government committee

County commissioners will discuss on Dec. 16 the possibility of forming a committee that would be charged with drafting a proposed charter. Earlier this week commissioners unanimously agreed to consider the idea of instituting a charter form of government.

The group Citizens for Charter is pushing to bring charter government to Collier. Members claim the existing form of government is not responsive to the needs and concerns of ordinary citizens. They say a charter government would give residents more power over local government.

"We have a government that caters to the special interests and doesn't care about the ordinary citizens," said Bob Stone, chairman of Citizens for Charter.

Some commissioners say it is unlikely they would vote in favor of forming a charter committee. They would prefer to see the issue handled by a citizen petition drive.

Stone has previously said the group will pursue the petition route if commissioners refuse to set up a charter committee.

If a committee is formed, commissioners could not reject the proposed charter once drafted. Once a charter is ratified by the committee, it must go on the ballot.

There are two ways to create a charter committee. The County Commission can appoint one, or citizens can force the issue by submitting a petition signed by 15 percent of the registered voters in a county that calls for the creation of a charter committee.

Under Florida law, if the petition requirement is met, a charter committee must be established and its members appointed by the County Commission, or if called for in the petition, the local legislative delegation.

A charter is a document that spells out certain rights citizens have. In government, it usually gives citizens the right to overrule their elected representatives, remove them from office, or pass legislation directly by putting something on the ballot via a petition.

Commissioner Fred Coyle said he doesn't want the commission to appoint a charter committee because he isn't sure how much community support the idea has.

"I would prefer it if the signatures were collected to put this on the ballot," Coyle said. "That will tell us if the people want this."

Commission Chairman Tom Henning echoed Coyle's comment, saying the petition route is probably the best way to go.

"Voters need to show their interest in this," Henning said.

Commissioner Jim Coletta said the issue would be discussed in detail at the commission's Dec. 16 meeting.

"I don't think any options have been ruled out yet," he said. "We're going to consider all the possibilities."

Members of Citizens for Charter did not seem happy with commissioners' petition suggestion. Stone pointed out that if the issue went to petition, the local legislative delegation would probably appoint the charter committee and not the County Commission.

Stone said commissioners left the impression that they didn't understand the rules for creating charter government.

"The impression many received was that the board was expecting Citizens for Charter to obtain signatures and present them at a subsequent board of county commissioners meeting," Stone said. "Our interpretation (of Florida law) is that the board of county commissioners by their own volition, or if petitioned by citizens, may adopt a resolution to appoint members to a charter commission."

Under Florida law, any county may locally initiate and adopt charter government via referendum. Voters must approve a specific county home rule charter.

Citizens for Charter has drawn up a proposed charter and wants a charter committee to use it as a model for the charter the committee will draw up.

The group's proposed charter calls for an elected county manager who would have line-item veto power over spending or any other commission action that can be overturned by a supermajority of the commission, term limits for commissioners and stronger ethics laws for county commissioners and other county employees.

Commissioners also would set their own salaries.

In addition, the charter would allow people to put issues on the ballot for referendum when they don't agree with the actions of the County Commission.

The charter committee must be composed of an odd number of not fewer than 11 or more than 15 members. No member of the state Legislature or County Commission can be a member of the charter committee.

All meetings of the charter committee must be open to the public. Members of the committee cannot receive compensation but must be reimbursed for expenses.

Within 18 months of its initial meeting the charter panel must present a proposed charter to commissioners. There must be three public hearings at intervals of between 10 and 20 days before the charter is ratified.

County commissioners would call a special election to put the charter on the ballot after the charter panel ratifies the document. That election must occur 45 to 90 days after ratification.

Stone said he wants the issue on the ballot in November 2004.

If voters approve the charter, it would become effective Jan. 1 of the next year or at the time called for by the charter. Once adopted, the charter may be amended only by the voters. The charter also must provide a method for submitting future charter revisions and amendments to the voters.

If voters reject the charter, it couldn't come up again for at least two years.