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Tallahassee, FLA: Lawsuit filed against county charter - Suit
says charter is vague; county says suit is bogus By
Jeff Burlew 10/30/02 Leon County's bid to have its own charter government may have hit a roadblock Tuesday after two prominent Democrats filed a lawsuit asking that the proposal be found unconstitutional. The lawsuit filed in Leon Circuit Court by Patrick Rose, a former County Commission candidate, and Curt Levine, a local Democratic Party official, will not stop votes from being cast on the charter during Tuesday's election, they said. Instead, the plaintiffs are asking that returns not be certified until a court review of the initiative. County officials, meanwhile, called the lawsuit an eleventh-hour attempt to derail the charter. "It's a totally bogus suit," said County Administrator Parwez Alam. "I think it's all about throwing a last-minute red herring ... just making an issue out of nothing to confuse the public." At the heart of the lawsuit is a charter provision dealing with a citizen's right to initiate or amend county ordinances. The lawsuit claims that the charter requires signatures from 10 percent of voters in the county and 10 percent of voters in each of the five commission districts. Rose, who lost to Commissioner Tony Grippa in the 2000 election, and Levine, a former state representative, said it is unclear whether that language requires petitions from 10 percent or 20 percent of the electorate. The lawsuit said the language in the proposed charter is "patently vague and ambiguous." Rose added that the wording would make it impossible for voters to change the charter. "The Leon County Commission is telling everybody how much power they're putting into the people's hands," Rose said. "But as a practical matter, they're setting the standard so high that it's unlikely (voters) will have a chance." However, county officials said the lawsuit isn't based on current charter language, which requires signatures from 10 percent of voters countywide and each district be represented by at least 10 percent of those signatures. County commissioners, including those who voted against the charter, reaffirmed the requirement in a unanimous vote Tuesday night. Commissioner Bob Rackleff, who voted against the charter, said voters should decide its fate. "I think the way to settle the charter question is through the
ballot box," Rackleff said. However, officials with the Tallahassee Area Chamber of Commerce in July asked that the charter undergo several revisions, including the district-by-district language for citizen initiatives. Commissioners eventually split 4-3 on the revised charter, which will go before voters Tuesday. Of the 17 Florida counties that have charter governments, six require signatures from 10 percent of voters countywide. None of the counties require signatures from specific districts. The lawsuit was filed against Supervisor of Elections Ion Sancho, who opposes the charter, and County Commission Chairman Dan Winchester, who voted against the latest charter version but said he plans to vote for it at the polls. "Ultimately, whether the language was purposely written to be deceptive is not the issue," the lawsuit reads. "The defendants are obligated to provide clear and unambiguous language to the voters so that any reasonable person could understand the plain meaning of the referendum issue." The lawsuit states that charter language appearing on Tuesday's ballot fails to elaborate on the true meaning and ramifications of the initiative. It also states that the county improperly spent money promoting the charter in advertisements - something county officials strongly denied. Levine said he is trying to get a hearing on the matter scheduled for Friday or Monday. County officials said the lawsuit was only blurring charter issues. Said Assistant County Administrator Vince Long of the lawsuit: "It's an absolute disservice to everybody." -------------------------------------------------------------------------------- |