Commissioner Term Limits to Be Put on Ballot

A 4-1 decision by Sarasota County Commissioners Tuesday placed term limits for commissioners on the ballot for voters to decide on Jan. 31, 2012.

Tuesday's decision approved ballot language for the vote. Voters will be asked to approve term limits of three consecutive four-year terms for county commissioners.

The charter amendment also states that the limits would not be retroactive, meaning term limits would not apply to sitting commissioners.

Commissioners said this vote means the county would not be in legal limbo regarding term limits as the courts decide on the constitutionality of term limits.

Commissioner Jon Thaxton said the average tenure of county commissioners has been less than the proposed term limits. If commissioners had strict two, four-year terms, Thaxton said the voters would vote out the commissioners they don’t like and the term limits would take care of the ones they did.

“If they don’t want to reelect the commissioner, they are not going to elect one,” he said.

The lone ‘no’ vote on this issue was Commissioner Joe Barbetta. He said a clear majority of the public spoke in 1998 when they voted for term limits.

“As I stated last time, I philosophically disagree with term limits,” Barbetta said.  He would prefer if you “got me out on the ballot box.”

However, Barbetta said, “I respect the will of the voters … Seventy-three percent said they didn’t want to weaken it from two to three terms.  That’s a pretty strong message.”

According to commission chair Nora Patterson, the public likes the idea of term limits, but not the practice. In 1998, she said, the pubic did vote for term limits, but at the same time voted for a commissioner’s third term.

The hotly debated issue filled the room Tuesday and brought impassioned citizens to speak on the issue.

Similar to points in regarding term limits, the majority that spoke at Tuesday’s meeting asked the county to enforce the term limits passed by voters in 1998.

In 2005, commissioner term limits were ruled unconstitutional by a Sarasota judge.

The lawsuit states that an August 2011 decision by the 4th circuit in Broward County in the Snipes case overrules the 2005 judgment. 

County resident and conservative blogger Rich Swier Sr. said since Sarasota County is governed by “home rule,” it needs to follow the results of the 1998 election.

“Home rule means that we the people may decide all aspects of how we will be governed,” he said. “… We the people spoke in 1998 to restrict commissioners to two consecutive terms.”

“You took an oath to defend the county charter,” said county resident Kathy Bolam. “You ignore the voice of the voters.”

By a 13-2 margin, the public spoke against the charter amendment. Many of the speakers accused the commissioners of being unethical, of tricking the voters and passing a measure that is self-serving.

While the commission was not unanimous on its vote, it was unanimous against the “unethical” claims by the speakers.

“I take offense to the allegations of unethical, lack of intelligence, lack of honor, which all of those were suggested to be traits of anyone to supports this,” Thaxton said. “They are just arguments of convenience more than of fact.”

“I have to disagree with some of the words used to describe the five of us.  I have not worked with a more concerned and ethical group of people before,” said Commissioner Carolyn Mason. “I really applaud those that came forward to speak but I disagree with some of the words you used to describe us.”

The charter amendment vote on term limits is set for Jan. 31, which is the same day as the Florida primary.