Author Archives: Michael Froomkin

2016 Ballot Recommendations — Coral Gables Charter Amendments

Only one of these amendments, number five, is really significant; otherwise I don’t think a lot rides on these–although I am going to vote against a couple of them in an excess of caution. The Charter Amendment process is really more a lost opportunity to do interesting things than anything else.

Amendment One YES It abolishes a Trial Board of Appeal that hasn’t done anything for a very long time.

Amendment Two NO Creates a method for removing Commissioners in case of incapacity. I am not aware that this has been an actual problem in the recent past, and it does create a theoretical avenue for abuse, so why look for trouble.

Amendment Three YES  The Mayor currently appoints the Vice Mayor, this puts that in the Charter. OK, whatever.

Amendment Four NO (?) Same issue as with Amendment Two; but this is actually a closer call than #2 because it aligns Coral Gables with state law procedures. So I can see why some people might think this was wise, or even necessary. Currently under the Charter it takes a 4/5 vote to censure or remove a Commissioner. This might make it easier to remove a Commissioner, but arguably the state rules control anyway.

Amendment Five YES! This will create a runoff procedure. That’s a good thing. I proposed to the Charter Revision Committee that they go for STV, also known as ‘instant runoff voting’ because they are fairer and cheaper, but they demurred on the grounds that it was ‘too complicated’ and ‘too hard to explain’ to voters. I think that was a great pity, but some runoff is better than none, given that currently Commissioners are getting elected with much less than 50% of the vote.

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A Week is a Long Time in Politics

And it’s seven days until the election.

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Fun Fact

More than 50 million new people have registered to vote in the past eight years, for a total of 200 million registered voters.

That means that 25% of the eligible voting public is a relatively new voter.

And it also means that more than 88% of the 227 million adult citizens are registered. If we take out the circa 5 million felons ineligible to vote, that raises the registration percentage to 90% of eligible adult citizens, surely a modern record for the United States.

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Too Much?

An anti-Trump super PAC started by former Sen. Bill Bradley is running this spot that echos the famous anti-Goldwater ‘Daisy’ ad in both Tallahassee and Ohio, the Tampa Bay Times reports.

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2016 Ballot Recommendations – County Charter Amendments

NO on #1
YES on #2

Don’t be fooled by the fact these two issues seem about as obscure as stuff gets (but wait! I’ll be doing the Coral Gables Charter question anon – I’m sure you are waiting with great anticipation for that!).

On Amendment No 1 as the League of Women Voters aptly summarized it:

A YES vote would:

  • Allow for municipalities, the city council, to establish the annual rates to be assessed with the special taxing district for that municipality.
  • Allow decision making process to be more localized so that tax paying citizens within that municipality for the taxing district would have a more direct say.  
  • Create a new responsibility and cost for the city council to manage and operate the special taxing district
  • Municipalities would not be required to follow County contracting rules, including that contractors must pay workers a living wage.

A NO vote would:

  • The process for operating special taxing districts would remain the same, changes to the annual rates to be assessed for the specific municipality and special taxing district would be made by the Board of County Commissioners .  
  • Miami-Dade County would continue to be responsible for the management and operation of the special taxing district for the respective municipalities, and all related costs would be the responsibility of Miami-Dade County
  • All contractors and vendors hired by the County must comply with County contracting rules, including that they pay their workers a living wage.

There is no question that the county has done a lousy job monitoring special taxing districts. As an abstract matter, it does make sense to push control down closer to the areas affected by a district. But in practice, given the very poor quality of the administration of several of the municipalities in the county (Homestead, Opa Locka, and others) I suspect that giving control to municipalities would too often open the door to (even greater than current) shenanigans.

FWIW, the Miami Herald editorial board agrees that No. 1 is a bad idea:

The Editorial Board gets that this is a way for neighborhoods to have a direct say in their district instead of waiting for Big Government to respond to their needs. This would allow the decision-making process to be more localized.

But we’re also wary about the creation of new pots of money for municipalities as a hotbed for possible mishandling at best, and malfeasance at worst.

It creates a new responsibility and cost for a city council or commission to manage and operate the special taxing district. Are these municipalities ready for the task? How will this new money be administered by some small municipalities? Not every city is, say, Opa-locka, but you get the point. The County Commission would establish the rules for cities creating new districts. But how will these funds be monitored once the county steps out of the picture?

Here’s another down side: Municipalities would not be required to follow county contracting rules, including that contractors pay workers a living wage.

Vote NO on County Charter Amendments No. 1 (Vote No on Florida Constitutional Amendment 1 too – remember “NO on 1” in all cases!)

Amendment No 2 mildly strengthens public access to public records by giving a right to copy as well as read them. This won’t change current practices, but it will entrench the right to copy which is currently merely statutory. Vote YES on No. 2

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2016 Ballot Recommendations – State Constitutional Amendments

Amendment 1: NO

The most important thing is to vote NO on Amendment 1. It has a maliciously worded summary that makes it sound pro-solar, while its actual effects on solar power in the Sunshine State would be somewhere between a Trojan Horse and a neutron bomb. For more details, I encourage you to read what energy law expert and UM Law Professor Felix Mormonn has to say about it. The takeaway is clear:

Amendment 1, if adopted, would mark yet another stumble along Florida’s painfully slow journey toward a sustainable energy future. Already, Florida lags behind most states in the union in terms of installed solar capacity, largely as the result of a policy landscape that does little to promote solar and other renewable sources of energy.

…To fight the deployment of climate-friendly, renewable solar power seems downright self-destructive for a state that is uniquely threatened by sea level rise and other manifestations of anthropogenic climate change, yet generates most of its energy from carbon-intensive fossil fuels.

Full text of Amendment One. Please vote NO – it’s very important.

Amendment 2: YES

It would allow medical marijuana, and at that only in limited cases for people with serious diseases. I’m not sure why this is even an issue when full legalization is taking off around the country.  Full text of Amendment 2.

Amendment 3 & Amendment 5:  Bah Humbug

These create bigger homestead exemptions for two deserving groups: poor senior citizens and disabled first responders.  Who could be against that, right?  Not so fast — read what UM Law Professor Stephen Schnably has to say about what he calls “the latest tweaks to a broken system”: “fundamentally pernicious” amendments that discriminate against those too poor to own a home, and  are just “Potemkin relief for the elderly poor and for disabled first responders.”

They’ll both pass anyway.

Full text of Amendment 3 & Full text of Amendment 5

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