Florida officially calls for term limits on U.S. Congress!

The Florida legislature today officially called on the U.S. Congress to pass and send to the states for ratification a constitutional amendment limiting Congressional terms in office.

The resolution, passed by acclamation in both houses of the Florida legislature, will be sent to the president of the United States, Speaker of the U.S. House, president of the U.S. Senate and each member of the Florida Congressional delegation.

Florida is the first state to take this step, but it will not be the last. With term limits polling at all-time highs and the Congress at record lows, pressure is building around the nation for Congress to take action.

Sen. Jim DeMint and Rep. David Schweikert have introduced a constitutional amendment (SJR 11 and HJR 71, respectively) limiting congressional terms in the Senate and House. While the Florida action does not specifically mention any specific legislative proposal, they are the first state to go on record in the past decade supporting a congressional term limitation constitutional amendment. Voters overwhelmingly supported Florida’s state constitutional limits on state legislators in 1992 with 77 percent support. Polling from Quinnipiac University in 2009 suggests 82 percent of Floridians continue to support term limits on public officials.

Nationally, the support for term limits remains strong with 78 percent of Americans supporting congressional term limits according to a September 2010 poll conducted for FoxNews by Public Opinion Dynamics. Support is strong across partisan lines with 84 percent of Republicans favoring the idea while 74 percent of Democrats and 74 percent of Independents also support limiting congressional terms.

Passage of the term limits constitutional amendment requires a two-thirds vote in the House and Senate and ratification by three-quarters (38) of the states in order to become part of the Constitution. The states are the easy part. The trick is getting through the U.S. Congress and this official call from a important state like Florida is a big help.

The Florida resolution was introduced by State Rep. Matt Caldwell (HM83) in the Florida House and Sen. Joe Negron (SM672) in the Senate.

"The evidence is in. Term limits work,” said Rep. Matt Caldwell of Lehigh Acres. "New York, Illinois and Florida have all been faced with tough decisions on how to balance their state budgets over the last few years. Only one of these states has term limits and only one of these states has cut their budgets to match their revenues and refused to raise taxes."

"Congress is on a collision course with federal bankruptcy and our last, best hope is to bring serious and permanent change to Washington, D.C.," he said.

County politicians ask Florida Supreme Court to abolish voter-approved county term limits

It's official. Broward County politicians, hiding behind their attorneys, are appealing the recent appellate court decision that deemed county commission term limits constitutional. Yes, county term limits are going to the Florida Supreme Court.

Bill Scherer, acting for sitting Broward commissioner John Rodstrom among others, launched the appeal after losing his case at the appellate court level on Aug. 10. The appellate court had decided -- unanimously -- that home rule charter counties do indeed have the right to customize their county commissions as they have long done.

It is for this reason that some charter counties have seven commissioners and some have five, or even 13. Some have single member districts and some are elected from the county at-large -- and some have a blend of the two. Some have a strong mayor system and some have a commission-manager structure. Some counties offer nominal compensation to cover expenses and others offer high salaries with benefits. Some charter counties (10) have term limits and some don't (10).

In home rule counties, all charter changes such as these are approved by the voters in a referendum, sometimes by a citizen's initiative after collecting thousands of signatures from their neighbors. Florida's county term limits were adopted by lopsided votes of the people, including 80% voter approval in Broward.

The August decision by the 4th District Court of Appeals upheld Broward County term limits, argued that this traditional understanding of home rule is correct. The people won; the politicians lost. It should have ended there.

But politicians grasp for power like a drowning man gasps for air. Scherer and his cronies argue in their appeal to the Supreme Court that the people cannot be trusted to alter their charter in this way. Instead, county commissioners should be treated just like constitutional officers -- such as the tax collector and property appraisers -- which are state creations over which the Supreme Court has said people have less say.

This is seen as a weak argument, as constitutional officers are distinct from county commissioners are treated in a different section of the state constitution. The quite readable 4th district decision makes this distinction as clear as day.

Meanwhile, the desperate Broward political clan is tossing 2012 county elections across the state into confusion in their last bid to hold on to the thrones that have enriched and, sadly but evidently, corrupted them.

COURT: Florida's county term limits are constitutional!

Today the Florida 4th District Court of Appeals reversed a lower court decision that had overturned voter-approved term limits in Broward County.

In other words, the court has ruled that county commissioner term limits are constitutional in Florida.

Yes, Florida’s county commissioner term limits laws are safe (for now) from attack by local politicians via the courts!

It was expected that county term limits would win at the Florida Supreme Court level, but there were concerns about the appellate court case because it looked at a narrower question than home rule and the right of citizens to impose term limits at the county level. The fear was that local politicians would try to use an adverse appellate decision to void local term limits laws before the case got to the Supreme Court. Two Palm Beach County commissioners, for instance, announced they planned to do just that.

But no more.

Today marks a great victory for the voters and a loss for professional politicians.

Thanks to the Broward County attorney’s office for doing a great job in defending the people’s will and all the term limits supporters around the state that rallied behind their popular term limits laws.

For the full story as it unfolded, see the blog www.pbctermlimits.com.

Florida's anti-term limits trickster at it again

He's back! Florida’s anti-term limits obsessive, Sen. Mike Bennett (R-Bradenton), has returned with a new scheme to weaken Florida’s term limits -- and it’s more devious than ever.

It has to be. Florida has 8-year legislative term limits written into their constitution and it requires a 60 percent vote in a popular referendum to change them. Given that 2009 polling suggests that some 79 percent of Florida voters like Florida’s term limits just the way they are, a straightforward bill is out of the question.

Sen. Bennett knows this from experience. That’s why last year he tried to tack an anti-term limits amendment to a popular bill to give tax breaks to veterans. That didn’t fly, so this year he has a new trick.

Just as in the past, the core of his proposed amendment (S 0300) is to weaken Florida’s term limits from eight to 12 years. The proposal would also lengthen the individual terms for House members from two to four years and for Senators from four to six.

But to sweeten the deal, the amendment would impose 12-year term limits also on county and municipal politicians.

Get it? This latest iteration of Sen. Bennett’s annual effort to weaken Florida term limits is really a pro-term limits bill! Sen. Bennett aims to sell this as an amendment to "improve" state limits and impose new-and-improved term limits all over the state. He's a term limits hero!

Scott Maxwell summed up it up perfectly in the Orlando Sentinel: “The hypocrisy of this idea is exceeded only by its audacity.”

Worse, the sugar Sen. Bennett is using to sell his snake oil is really only saccharine. This amendment, by imposing 12-year term limits on lower offices, would actually abolish the numerous existing 8-year term limits that exist on county commissions, mayors and city councils all over the state. Many or maybe most of these were put into effect by citizens collecting petitions in the hot summer sun and then approved by vast majorities at the ballot box.

"I'm not really focusing so much on extending the term limit from eight to 12 years,” said the author of the House companion to the Bennett bill, Rep. Rick Kriseman (D-St. Pete).

No kidding.

Congratulations Palm Beach County! Citizen-initiated term limits now in effect

Nearly a decade ago, a handful of Palm Beach County citizens launched a citizen initiative effort to limit the terms of Palm Beach County Commissioners to eight years in office. Before the measure reached the 2002 ballot -- where 70% of county voters approved it -- over 150 citizens had joined the campaign, many spending week after week in the hot Florida sun to collect 65,000 signatures from their neighbors.

Their hard work paid off. After eight years, the term limits are now fully in effect. Two current commissioners are no longer eligible to run for re-election: Karen Marcus and Burt Aaronson. Ironically, three other commissioners that would otherwise be affected were indicted on corruption charges and involuntarily left office, underscoring the need for the term limits in the county.

Term limits encourage greater participation and transparency in government as well as regular, competitive elections. It is through the concern and perseverance of the citizenry that they have been achieved.

For a full 'Thank You' list of the citizens who made it happen, plus current news about the term limits law and – sadly -- the machinations of local politicians to circumvent it, see the new local blog here.

If you are local, while you're there you can answer the poll question in the upper right corner of the page: "Would you support a politician who works behind the scenes to overturn our voter-approved term limits law?" Let them know!

Thanks!

West Palm Beach Mayor Lois Frankel clinging to power in spite of term limit

It’s an old, old story now playing in re-runs in West Palm Beach, Fla. An arrogant politician feels entitled to his or her position and schemes to overturn popular term limits to keep it.

In this case, Mayor Lois Frankel has launched a petition drive to weaken West Palm Beach’s 8-year mayoral term limit. Although her earlier trial balloons were shot down, she is attempting a desperate end run around rank-and-file West Palm Beach citizens who embrace the 8-year limits.

There is little doubt that voters love term limits. This is true nationally – a 2008 poll shows 83 percent generic support for the idea – but also in Florida where an April 2009 statewide poll showed 79 percent specifically favoring Florida’s 8-year limit on the state legislature. Here in Palm Beach County, 8-year term limits for the county commission won in 2002 with 70 percent of the vote. In fact, right now there is a citizen referendum campaign under way to enact term limits in Palm Beach Gardens!

I am tempted to quote Frankel regarding a downtown development she was pushing, "Why bother with a referendum when it’s widely accepted?"

There is only one reason, of course. Lois Frankel does not want to let go to the reins of power. Yes, she could run again for mayor later under West Palm Beach law. But she couldn’t do so now with all the exceptional powers of an incumbent in a strong mayor system.

That’s right, Mayor Frankel. And that is reason number one why we have 8-year term limits in this city!

Let’s review some of the reasons that West Palm Beach has 8-year term limits and why we should keep them:

• 
  In 1991, West Palm Beach followed other large and growing cities in adopting a strong-mayor system of government with term limits via voter referendum. This is a system where the elected mayor is given almost total administrative authority and a clear, wide range of political independence. As turnout is very small in local elections and the mayor has massive favors to grant to local interests, a strong mayor has enormous electoral advantage that largely detaches him or her from the will of the people. Hence term limits were included as a necessary limit of strong mayor power by ensuring regular, competitive elections.


• 
  Under any municipal system – but particularly under a strong mayor system -- term limits topple the local fiefdoms that develop through the natural merging of interests between incumbents and special interests.


• 
  As cities grow and the leadership positions become more powerful, term limits are more important than ever. That is why 9 of the 10 largest cities in America have term limits.


• 
  Eight years is the traditional, time-tested American term limit for a good reason: A eight-year term balances the benefits of both experience and of rotation in office. Eight-year term limits are imposed on the President of the United States, Florida’s governor, the Florida legislature and the Palm Beach County Commission. What is the argument for exalting the mayor of West Palm Beach above all other politicians?


• 
  The strong mayor position in particular attracts careerists. It is, after all, a comfortable job, not just an opportunity for public service. For instance, in 2004, Mayor Frankel was awarded a 40% raise to today’s salary of $125,000. The paychecks come with some other considerable perks including: free health and dental care with no deductible, no premiums, no co-pays, no prescription drug costs and the ability to see any doctor with out additional cost; $400 per month car allowance; $420 per month ‘management incentive; life insurance and long-term care insurance; and a retirement plan.
• 
  Term limits are democratic. The strong mayor system was chosen to centralize power in order to move city projects forward, not to create a monarchy. Term limits ensure rotation in office, which necessarily introduces a broader range of experience and perspectives, permits greater citizen participation and broadens the circle of those with intimate knowledge of local government. It helps create a more engaged and informed local electorate.


• 
  Term limits discourage corruption. Corruption is highly correlated to tenure because secure tenure breeds the hubris and opportunity necessary for corruption to blossom. Not only that, but the closed, tight circle of a government without regular rotation is far less transparent – and hence less accountable – than a more open, term-limited one. This was a key reason why term limits for the Palm Beach County Commission was so important. Please note that the two most outspoken opponents of the 2002 campaign for county commission term limits – Mary McCarty and Warren Newell – are now in prison for corruption.

The bottom line is that at a time when the unemployment rate in Florida is more than 10 percent, it is shameful that Mayor Frankel's top priority is to save her own job. Let’s keep our 8-year term limits!

West Palm Beach: The city's not about one person

When former West Palm Beach mayor Nancy Graham reached the end of her second term, she she initially ran to the courts to circumvent the 8-year term limit. The she thought better of it: "The city's not about one person," she said.

Fast forward to 2010. Another big ideas (and big budgets!) mayor, Lois Frankel, is coming to the end of her second term and seeking a way to keep her job. Her chosen vehicle is the city's charter review commission, which is a 5-member board created to review and suggest changes to the city's system of government. In January she stacked the commission with four of her devotees who are said to be impartially weighing the benefits of a Frankel third term.

"I have no ulterior motive," Frankel told the Palm Beach Post. "The committee was not put together to look at (term limits)."

Yeah, right.

She didn't fool the Post, nor anyone else. As the Post points out in an excellent editorial on the subject, "If her push to end term limits proves to be unpopular, the mayor has a backup plan that would give her an additional 20 months in office. That plan calls for timing mayoral elections with presidential elections. Instead of leaving office in March 2011, Mayor Frankel would stay until November 2012."

The idea of a charter review commission is a legitimate one, and indeed it behooves the city to review its new (well, since 1991) strong mayor system. Term limits, among their other benefits, help limit the power of the strong executive, by ensuring that the significant power of this position cannot be used to secure a job for life. The strong mayor system was intended to centralize authority in order to move city projects forward, not to create a monarchy.

Frankel is out of touch enough to be shocked at the pushback she is getting. The press, fellow city commissioners (including, of course, potential mayoral candidates) and citizen activists lept into action as soon as the first charter review commission meeting was announced. As a result, the first meeting was cancelled about an hour before it was scheduled to start.

It is not late for Mayor Frankel to tuck the burst trial balloon in her pocket and, with dignity, serve out her last year as mayor. She can always run again in the future after sitting out a term if she wishes, albeit without the powers of incumbency that make a low-turnout reelection a formality.

Nonetheless, West Palm Beach citizens are laying defensive groundwork just in case their popular term limits law is assaulted.

After vet fiasco, Florida pol returns with new anti-term limit gimmick

Oh no, not again. Florida State Sen. Mike Bennett (R-Bradenton) is back pitching a Constitutional amendment to weaken Florida’s popular and successful 8-year term limits law.

Bennett is not so deaf to the will of voters that he doesn’t recognize the popularity of the law he is attacking. It’s just that he doesn’t care. He knows he has to come up with some way to get around voter sentiment, so he has once again been rummaging around the bottom of the careerist politician garbage pail for ideas.

Last session, he tacked an anti-term limits amendment to a bill that would extend a popular property tax discount to a broader group of disabled veterans. He got jeers and laughs, but not the votes.

This session he is hawking a new gimmick to fire up support for incumbent entrenchment. His new offer you can’t refuse -- according to the Tampa Tribune’s Catherine Dolinski – is to extend 12-year term limits to city and county offices as well. Get it? That way, he can claim a vote for this bill is a vote for term limits!

Of course, citizens in all the counties and cities that worked so hard to collect the signatures for, not to mention all the voters that approved, all the existing local 8-year term limits referenda may object. But they weren’t going to support Bennett’s bill anyway. With this clever stroke, he aims to clinch the support of local term-limited incumbents throughout the state and many term limits supporters who may not be paying close enough attention.

Will it be enough? I doubt it. Such a proposal would have to go to the voters first, and the threshold for Constitutional amendments is 60%. We must be vigilant always, of course, but right now the only attention his new idea demands is a rolling of the eyes.

Florida pol uses disabled vets for cover

I thought that this year's booby prize for hubris was securely held by South Dakota's attempt to cripple term limits just months after a statewide voter referendum reaffirmed them. But that was before news arrived from Florida.

A bill has been floated in the Florida State Senate by Sen. Dave Aronberg (D-Greenacres) that would extend a popular property tax discount to a broader group of disabled veterans. Who could vote against that, right? Well, that's what Sen. Mike Bennett (R-Bradenton) thinks too, so he's used his power as chair of the Senate Community Affairs to tack on an unrelated amendment to extend term limits from eight to 12 years!

Never mind that Florida voters labored to put the 8-year term limit on the ballot and then approved it at the polls by 77 percent in 1992. Or that the legislature's last attempt to gut the law in 2005 was timidly retracted in the face of active citizen outrage. Or that for most of Florida's term limits period, the state has been considered among the best managed in America.

Sen. Bennett claims that he is not doing this just for himself, and there is surely truth to this. After all, Sen. Bennett has distinguished himself as a special interest robot, submitting legislation at the behest of nearly every lobby under the Florida sun. So far this session, he has submitted over 70 bills, more than any other legislator.

Sen. Aronberg is not an innocent victim either, in case your wondering. He is on record supporting the amendment, which makes you wonder if this bill's only real purpose is to serve as cover for these guys' political machinations.

Fortunately, the bill would have to go through the House first, and House Majority Leader Adam Hasner (R-Delray Beach) is skeptical. "I think this is disrespectful to those men and women who have served our country and are disable veterans," he said, predicting its demise in the House. But, if it passed the House, it would still have to be approved by a 60 percent majority of the voters on the 2010 ballot.

Fat chance! But in spite of the fact that the outcome of such an election is nearly certain, experience from other states indicate that millions would be spent by special interests to topple term limits and a good deal of personal contributions of time, money and effort of voters would be required to defend the law.

Isn't this kind of arrogance part of the reason we support term limits in the first place?

James Frevert, hero

There are some people – although not nearly enough of them – who are successful in their life's work, but who don’t stop there. They take the time to acquire a understanding of the value of the free society we live in and make it a personal mission to preserve and improve it. Civil society requires such men and women to survive and prosper.

James Frevert of North Palm Beach, Fla., was one of them. Jim died on Friday at age 86.

For as long as I have known him, at least 25 years, Jim had dedicated time and resources to educational and civic causes. It is for one of these that I owe him personal thanks.

In 2001-02, I was campaign manager for a citizens referendum in Palm Beach County to limit the terms of our county commissioners to eight years in office. We had over 75 petitioners and contributors that helped put the issue on the ballot and, in November 2002, 60% of voters approved the term limit and it became law.

All of the volunteers played an important role in the victory, but a few of them were decisive. The truth is that without Jim Frevert, the outcome would have been different. In fact, the effort would never have got off the ground. Please note, he derived no personal gain from this campaign, but acted only to further what he thought was right and proper. I don't think his name ever even made the papers.

When the first Palm Beach County Commissioner is term limited out in 2010, please take a moment to remember Jim Frevert.

I had the opportunity to thank him in life, but my gratitude is such that I wanted to share it with you. He was a world traveler, as everyone who knew him knows, but more than that he also really cared about the world. He set an example for us to follow. He will be missed.

Palm Beach loses two term limits heroes

A term limits hero passed away on Dec. 5, William V. "Bill" Hayes of Palm Beach Shores, Fla. He was 73.

Hayes was the chair of the Palm Beach County Term Limits Committee that sponsored the successful 2002 referendum that limited the terms of Palm Beach County commissioners to eight years in office.

Hayes was a retired U.S. Navy captain, having served as a submariner and in Naval intelligence as well as a Naval Attache in Oslo Norway from 1979 to 1981. Bill retired as director of Perry Technologies (Lockheed Martin) in 2006 and was active in numerous organizations advancing individual freedom and limited government, including the Heritage Foundation, James Madison Institute and the Republican Liberty Caucus of Florida.

Hayes death closely followed the death of musician Lee Coleman of Lake Worth, 90, who was a stalwart volunteer petitioner in the same term limits effort.

Sadly, both missed the startling news that their nemesis of the term limits campaign, commissioner Mary McCarty, was indicted for corruption in early January.

Thank you, Bill and Lee. You will be missed.

Another term limit foe indicted in Palm Beach

Now we know why holding on to her county commission seat was so important. It was announced today that Palm Beach County Commissioner Mary McCarty has been indicted and will plead guilty of accepting gifts to steer business to special interests -- including her husband's bond underwriting firm.

She told the Palm Beach Post she expects to serve "a significant period of incarceration."

In doing so, she will follow her former colleagues on the commission Warren Newell and Tony Masilotti, both of whom got 5-year federal prison terms last year.

Commissioners McCarty and Newell were the most active opponents of the successful 2002 referendum to limit the terms of Palm Beach County Commissioners to eight years in office starting in 2010. I was the campaign manager for the effort.

Newell spoke against the measure at public meetings and called a referendum organizer at home -- my father, George -- and pleaded that the campaign be halted.

McCarty went further. As chair of the Republican Party of Palm Beach County, she was the key reason the GOP did not endorse the referendum in spite of overwhelming support from the party's rank and file. McCarty actually instructed all the Republican Clubs around the county not to permit me to speak at their meetings and collect signed petitions. To their credit, most did anyway.

Naturally, the suspected corruption of the commissioners was an important impetus for the term limits effort. I recall that many of the petitioners who spent their evenings and weekends in parking lots across the county with clipboards were motivated by McCarty specifically. As I note here, one of the benefits of term limits is that they contribute to cleaner and more transparent government.

Sometimes the good guys win and justice is done. It is this experience that attracts so many to the term limits movement.

Term Limits Win Everywhere Nov. 4

NOV. 4, 2008 -- Here’s a complete list of term limits votes around the nation that I know about. If I forgot any, please let me know.

South Dakota (J) – repeals term limits on state legislature.
YES: 87,361 (24.27%)
NO: 272,551 (75.73%) TERM LIMITS WIN!

Memphis, TN – Places a maximum of two terms on the city council, mayor and other constitutional offices.
YES: 177,571 (78.23%) TERM LIMITS WIN!
NO: 49,420 (21.77%)

Shelby County, TN (365) – Places term limits on various city charteroffices to match limits on county commission and mayor
YES: 273,107 (78.59%) TERM LIMITS WIN!
NO: 74,409 (21.41%)

San Antonio, TX (1) – Extends term limits for city council
YES: 190,417 (51.6%) TERM LIMITS EXTENDED FROM 4 TO 8 YEARS
NO: 178,611 (48.4%)

Tracy, CA (T) – Places a 2 four-year term limit on the city council and mayor
YES: 12,613 (67.21%) TERM LIMITS WIN!
NO: 6,154 (32.79%)

Rowlett, TX — extends term limit from two to three terms.
YES: 8,953 (44%)
NO: 11,295 (56%) TERM LIMITS WIN!

State College Borough, PA — repeals term limits for borough council.
YES: 8,050 (46%)
NO: 9,567 (54%) TERM LIMITS WIN!

Louisiana — statewide referendum to limit terms on a long list ofboards and commissions.
YES: 1,129,711 (69%) TERM LIMITS WIN!
NO: 497,205 (31%)

Daytona Beach Shores, FL -- Measure to repeal 8-year term limits
YES: 36%
NO: 64% TERM LIMITS WIN!

North Miami, FL -- Eliminate term limits for mayor
YES: 5,280 (33%)
NO: 10,693 (67%) TERM LIMITS WIN!

Ventura County, CA -- limits county supervisors to 12 years in office
YES: 77% TERM LIMITS WIN!
NO: 23%

Lynwood, CA -- limits city council members to two terms in office
YES: 75% TERM LIMITS WIN!
NO: 25%

Pinole, CA -- limits city council members to three terms in office
YES: 73% TERM LIMITS WIN!
NO: 27%

Leadville, CO -- repeal of county commission term limits
YES: 30%
NO: 70% TERM LIMITS WIN!

Ferguson Township, PA -- repeal of two-term limit on township supervisors
YES: 38%
NO: 62% TERM LIMITS WIN! (only 7 of 8 precincts counted)