Review of the Broward County MPO Staffing Arrangement

The Broward County Metropolitan Planning Organization (MPO) was established in August 1977. That same year, the MPO entered into an interlocal agreement with Broward County for staffing services. Under the agreement, Broward County agreed to provide the MPO with “professional, technical, clerical, and administrative services, supplies, equipment, office space, and other incidentals needed to manage the business and affairs of the MPO.” In particular, these staff services were to be provided by both the staff of the Broward County Transportation Planning Division and the County Attorney’s Office. Over the years, the MPO membership and Board structure have undergone significant changes, but the staffing arrangement made with Broward County remains relatively unchanged. In July 2004, a Board member raised concerns about whether the MPO was receiving wellrounded, independent information under the existing staffing arrangement. The MPO Board member questioned the MPO’s ability to function independently, not the integrity of the staff. In addition, an inquiry was made as to whether the contract for staffing services with Broward County was perpetually renewing. As a result, an MPO subcommittee was formed to analyze the effects of the current structure. After reviewing all of the materials, the subcommittee was tasked with making recommendations to the Board about the future organizational structure and staffing arrangement of the MPO. In the summer of 2005, the Broward County MPO asked the Center for Urban Transportation Research (CUTR) at the University of South Florida in Tampa to conduct an organizational study reviewing and documenting the current staffing arrangement, identifying possible alternative arrangements, and discussing the advantages and disadvantages of adopting the organizational structure of a “free-standing” or independent MPO. Federal and state laws and regulations were reviewed as they relate to MPO organization and structure to identify any potential issues that would need to be addressed by the Broward County MPO in considering an “independent” organizational structure. The research findings concluded that federal law provides very broad guidance regarding the legal framework for MPO organizational structures. No direct guidance on MPO staffing is provided in federal law, giving MPOs maximum flexibility to address staffing and administrative needs. Federal laws and regulations can impact MPO organizational considerations through their affect on public sector employment practices. These laws include Titles VI and VII of the Civil Rights Acts (CRA), the Americans with Disabilities Act of 1991 (ADA), the Age Discrimination Act (ADEA), and the Family and Medical Leave Act (FMLA). MPOs must determine if one or more apply to them based on various threshold criteria and establish appropriate personnel policies, practices and procedures to ensure adherence. Florida Statute 339.175 guides MPO practice, building upon the broad guidance provided in federal law. Specific guidance is provided relative to such organizational issues as the composition of MPO Boards, committee structures, public involvement, and required MPO work products. Additionally, Florida Statute 339.175 permits MPOs to employ personnel or enter into contracts with state and local agencies, private planning firms, or private engineering firms to accomplish the MPO’s transportation planning duties. + Read more