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HomeMy Public PortalAbout21--9927 The Public Rights ProjectSponsored by: Mayor Pigatt and Vice Mayor Williams RESOLUTION NO. 21-9927 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE PUBLIC RIGHTS PROJECT, A PROJECT OF THE TIDES CENTER, COMMUNITY JUSTICE PROJECT AND SOUTHERN POVERTY LAW CENTER TO FILE A LAWSUIT ON BEHALF OF THE CITY OF OPA-LOCKA, FLORIDA, THAT FACIALLY CHALLENGES SECTION 1 OF CS/HB 1 (2021); PROVIDING FOR ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Opa-Locka ("City") exercises control over its annual budget as a means to respond to the diverse needs, interests, and values of the community it represents; and WHEREAS, the City has structured its FY 2022 Budget and has provided for increases in staffing in the City's Police Department ("Department") due to current needs of the Department but may need to make future reductions in other areas of the Department's budget; and WHEREAS, these potential reductions will have an effect on line items of the City's law enforcement budget. To that end, the City requires full control of its budget in order to be responsive to the needs of its residents and City police operations; and WHEREAS, Section 1 of CS/ HB 1 creates a State executive review process that is triggered when a City Commissioner or the State Attorney in the applicable Judicial Circuit objects to a funding reduction to the operating budget of the City's law enforcement agency; and WHEREAS, the City Commission is concerned that seeking grant funding in the future to improve policing operations will trigger an executive review process when the funding is no longer available; and WHEREAS, CS/ HB 1 delegates this process to the Administration Commission comprised of the Governor and Cabinet, which has the power to amend or modify the budget as to each separate item within the operating budget of the City's law enforcement Resolution No. 21-9927 agency with no limiting principles on the Administration Commission's discretion; and WHEREAS, The Public Rights Project, Community Justice Project and Southern Poverty Law Center intend to file the lawsuit on behalf of a coalition of Florida cities; and WHEREAS, the City Commission desires to move forward as a participant in the litigation. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, THAT: Section 1. Adoption of Representations. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and the same are hereby made a specific part of this Resolution. Section 2. Statement of Impact. The City Commission hereby states that it is suffering a current injury because its FY 2022 budget considerations will be impacted by HB 1 and any future grant dollars will be considered increases that would trigger an executive review process when such funding is later not available. Section 3. Authorization of Representation. The City Commission of the City of Opa-Locka hereby authorizes Public Rights Project, Community Justice Project, and the Southern Poverty Law Center to file a lawsuit bringing a facial challenge to Section 1 of CS/ HB 1 on behalf of the City of Opa-Locka as a Plaintiff, seeking declaratory, injunctive, and other appropriate relief. Section 4. Scrivener's Errors. Sections of this Resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, and approved by the City Attorney, without need of public hearing, by filing a corrected copy of same with the City Clerk. Section 4. Effective Date. This Resolution shall take effect upon the adoption and is subject to the approval of the Governor or Governor's Designee. Resolution No. 21-9927 PASSED AND ADOPTED this 27th day of October, 2021. MOTION FAILED Matthew Pigatt, Mayor ATTEST: a Flores, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 4e,/ rcli Burnadette Nor i - eeks, P.A. 1 City Attorney Moved by: Vice Mayor Williams Seconded by: Commissioner Taylor VOTE: 2-2 Commissioner Taylor NO Commissioner Bass NO Commissioner Davis ABSENT Vice -Mayor Williams YES Mayor Pigatt YES TO: Opa Locka City Commission FROM: Public Rights Project, Community Justice Project, and the Southern Poverty Law Center RE: The Case for Challenging HB 1 I. Executive Summary The Combating Violence, Disorder, and Looting and Law Enforcement Protection Act, also known as HB 1, obstructs municipalities' ability to control their budgets —a core local power. HB 1 gives the governor and his cabinet the power to line -edit municipal budgets with binding legal effect whenever a reduction to the law enforcement budget is challenged by the state attorney, member of the City Commission, or possibly even a county sheriff.' This review process chills local government action. Municipalities need full control of their budgets so that they can function properly. Municipal revenue can be variable, which is why cities need full authority to structure their budgets to weather changes. When revenues are down in periods of economic hardship, municipalities need flexibility to tighten spending wherever such measures would be most efficient, whether those tightening measures affect law enforcement or parks and recreation. When municipalities receive opportunities to apply for one-time grants to supplement a city budget or need to make a large expenditure to update the infrastructure or technology in a department, they need the flexibility to make this increase without being locked into maintaining a higher spending level. Furthermore, municipalities need flexibility to reorganize their departments if certain programs would fit better under the purview of another department. Municipalities also require full control of their budgets in order to be responsive to the needs of their residents. Budgets reflect community priorities and values. If residents need greater investment in municipal human services as they struggle in the wake of a pandemic and economic downturn, then it is the municipality's duty and prerogative to formulate a budget that is responsive to residents' needs and values. In the summer of 2020, the murders of George Floyd and Breonna Taylor, among others, catalyzed many Floridians to call on their local governments to rebalance budgeting priorities to invest in public safety strategies that prioritize social and human services separate from law enforcement. These residents pointed out that law enforcement has been relied on as a first responder for non-violent incidents that could be addressed with a public health or social service approach, but that these community approaches need funding. Many municipalities responded by exploring how non -law enforcement functions such as service programs could be transferred from the law enforcement budget .to other municipal departments. Matt Dixon, Florida Panel Paves Way for Law Enforcement to Appeal Local Police Budget Cuts, Politico (June 15, 2021), https://www.politico.com/states/florida/story/2021/06/15/florida-panel-paves-way-for- law-enforcement-to-appeal-local-police-budget-cuts-1386464. 1 grant to law enforcement can trigger HB 1. Simply shifting non -law enforcement programs or positions out of the law enforcement budget can also trigger HB 1. HB 1 looms over budgeting decisions right now, creating uncertainty about what decisions could risk state takeover of the budget. Now is the time to challenge this law facially rather than wait for further injury. III. Facial Legal Claims Not only do municipalities have standing to challenge HB 1, but they also have five claims to assert in arguing that HB 1 violates the Florida Constitution. These claims have been researched and analyzed by national and Florida non-profit organizations including Public Rights Project and Community Justice Project, and by a private firm, Jenner & Block. Claim One: Separation of Powers Under the Florida Constitution, no branch of government can exercise the powers of another branch and no branch can assign its constitutionally given powers to another branch. Fla. Const. art. II, § 3; Smithy. State, 537 So. 2d 982, 987 (Fla. 1989). HB 1 assigns two fundamentally legislative powers to the executive branch. First, HB 1 gives the Governor and his cabinet the ability through the municipal budget revision process to reduce appropriations of public funds, which is a power that belongs exclusively to the legislative branch. See, e.g., Florida House of Representatives v. Martinez, 555 So. 2d 839, 845 (Fla. 1990). Second, HB 1 gives the Governor and his cabinet the ability to revise municipal decisions with binding effect, even though the ability to limit municipal power is also an exclusively legislative authority. See, e.g., Askew v. Cross Key Waterways, 372 So. 2d 913, 915-19 (Fla. 1978). Because HB 1 delegates two legislative functions to the executive branch, it violates the Florida Constitution on its face. Claim Two: Nondelegation Doctrine To the extent the legislative branch had some authority to delegate to the executive branch here, HB 1 nonetheless violates the nondelegation doctrine enshrined in the Florida Constitution. This doctrine holds that any delegation of legislative functions must be accompanied by "some minimal standards and guidelines ascertainable by reference to the enactment establishing the program." Askew v. Cross Key Waterways, 372 So. 2d 913, 925 (Fla. 1978). The nondelegation doctrine aims to prevent the executive "from acting through whim, showing favoritism, or exercising unbridled discretion.' S. All. for Clean Energy v. Graham, 113 So. 3d 742, 748 (Fla. 2013). But HB 1 does not provide any such guidelines that instruct the executive how to review municipal reductions to the law 3 IV. Conclusion and Recommendation HB l's injury to municipal autonomy is egregious and strategic, and it obstructs the ability of municipalities to structure a budget that best responds to the needs and values of its residents. Municipal autonomy and responsive local democracy are worth defending, and pursuing this litigation would allow municipalities to defend their authority from increasing encroachment by the state. We recommend that this Commission vote to pursue this lawsuit. 5