Clean charter unprecedented act

Deck

No changes to the charter will be made, a special commission has decided.

Pinecrest residents will not be voting on any revisions to their village charter this fall.

For the first time, the Charter Revision Commission is not recommending any changes to the document, which serves as the village Constitution.

The six-member group, appointed by the Village Council every five years, had met three times and discussed four possible changes, including extending term limits for mayor and council members and doing away with runoff elections.

But members disagreed on either the concept or the language of the items, prompting them to reject all during a public hearing Monday night.

“This is an incredible process that the founders of our charter drafted, and if no changes are needed, then that is the way it should be,” Commission Chairman Alan Rosenthal said at the meeting, held at Pinecrest City Hall and attended by only about a half-dozen residents.

Regarding term limits, the group had discussed extending to 16 from eight the maximum number of years someone could serve consecutively as mayor and council member. The proposal died 3-2. Joseph A. Ruiz Jr., a commission member, said there was no need for the change.

In 2001, voters turned down a similar proposal calling for a 12-year cap.

“If it was rejected before, then it does not require fixing,” he said.

The group also had discussed eliminating runoffs and strengthening conflict of interest regulations.

The charter currently mandates a runoff two weeks after the general election between the two candidates with the highest number of votes, when both fail to win a majority. The runoffs are costly and don’t attract large turnout. Rosenthal made a motion for eliminating the runoff, but there was no second.

Mayor Gary Matzner said that eliminating runoffs is like “your mother-in-law driving off in your Mercedes,” which he said presents both pros and cons. The village would save money, but at the expense of “having plurality,” he said.

The group also had discussed adding a conflict-of-interest provision prohibiting the mayor, council members, clerk, manager and village attorney from entering into business deals with each other. They issue arose after apparent conflicts surfaced among politicians in the city of Miami.

Commission member Ernesto de la Fe spoke in favor of the amendment, saying, “It lays the groundwork for ethical conduct… . It’s important enough to be in the charter.”

But the motion died without a second.

The group also had discussed giving the mayor the power to appoint an acting village manager when the manager has to take an extended leave. The charter currently leaves that decision to the manager, subject to revocation by the mayor with council approval.

Manager Peter Lombardi was out sick for more than a month this year.

“I am not in favor of taking away choice from the manager,” Council member Cindie Blanck said. “The present language does not show a distinct line between running a business, as the manager does, and delegating general policy, which is the mayor’s job.”

Rosenthal argued for the recommendation, saying that if an emergency arose and the manager couldn’t act, having the charter amendment would lay out the chain of command.

But Matzner and Village Attorney Cynthia Everett disagreed, saying in an emergency, the council and mayor would make a decision anyway.

In addition to the other matters, Matzner suggested that the group consider asking voters to approve salaries for future council members and mayors.

Pinecrest and Key Biscayne are the only cities in Miami-Dade County that do not pay their elected officials, he said.

“This would serve as a token and reward for the job that they do, but not as a motive for these members to make a living,” Matzner said.

Blanck, a nonvoting member of the commission, said, “I’m not comfortable with compensation.” There was no further discussion on the topic.

Resident Al Kramer suggested that the group look into revising the village’s tax structure and requiring more planning and budgeting. There was no discussion on his idea.