Miami-Dade Legislative Item
File Number: 022937
   

File Number: 022937 File Type: Ordinance Status: Amended
Version: 0 Reference: Control: County Commission
File Name: ABOLISH FIRE BOARD AMEND SEC 2-182, 2-183, CHAPT 18 ART II Introduced: 10/15/2002
Requester: NONE Cost: Final Action:
Agenda Date: 4/8/2003 Agenda Item Number: 6E
Notes: SEE 031144 FOR FINAL VERSION AS ADOPTED Title: ORDINANCE IMPLEMENTING THE SEPTEMBER 10, 2002 AMENDMENT TO THE COUNTY CHARTER ABOLISHING THE FIRE BOARD; AMENDING SECTION 2-182, 2-183, AND CHAPTER 18, ARTICLE II OF THE CODE OF MIAMI-DADE COUNTY, RELATING TO THE MIAMI-DADE COUNTY FIRE DEPARTMENT AND THE PROVISION OF FIRE AND RESCUE SERVICES; PROVIDING FOR THE COUNTY COMMISSION TO BE THE GOVERNING BODY OF THE DISTRICT; PROVIDING MUNICIPAL OPTIONS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE
Indexes: CHARTER AMENDMENTS
  FIRE BOARD
Sponsors: Dennis C. Moss, Prime Sponsor
  Jimmy L. Morales, Co-Sponsor
  Sally A. Heyman, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 4/8/2003 6E Amended
REPORT: See Legislative File #031144 for the amended version.

Public Safety Committee 3/4/2003 3E Forwarded to BCC with a favorable recommendation P
REPORT: Commissioner Heyman proposed to amend the foregoing proposed ordinance to provide the Fire Chief with the authority to appoint his/her command staff. Chairman Martinez objected to amending the foregoing proposed ordinance unless it was applicable to all departments. Discussion ensued in connection with the Charter provisions relating to departmental appointments and how staff was appointed to other departments. Commissioner Rolle concurred with the Chair's concerns and commented on the need to maintain uniformity. Upon concluding the discussion on the proposed amendment, it was moved by Commissioner Heyman that the foregoing proposed ordinance be forwarded to the Board of County Commissioners with a favorable recommendation with the language presented at today's meeting; and upon being put to a vote, passed by a vote of 5-0. (Commissioner Seijas was absent) Commissioner Heyman directed the County Attorney's Office to prepare an ordinance with language reflective of recent, standard practice for the appointment of command staff for all affected departments. Chairman Martinez recommended that the language of the proposed ordinance address every department and be presented before the Governmental Operations and Environment Committee. Assistant County Manager Sam Williams noted that the County Manager's position would be to address every department inasmuch as he never interfered with the decisions of department directors.

Public Safety Committee 2/11/2003 3A Deferred 3/4/2003 P
REPORT: Mr. Stan Hills appeared before the Committee in connection with the foregoing proposed ordinance. He expressed concern that Section 2-182 (b) of the ordinance was not related to abolishment of the Fire Board. Mr. Hills recommended the ordinance be workshopped, and asked that staff prepare a comparative analysis of both the original language and the proposed new language. There being no other persons to appear before the Committee, the public hearing was closed. Commissioner Heyman suggested the proposed ordinance be forwarded to the Board and an amended or substitute ordinance be prepared and considered later. The foregoing item was temporarily deferred, pending the arrival of the Assistant County Attorney who prepared the ordinance. Later in the meeting, the Committee resumed its consideration of the proposed ordinance. Assistant County Attorney Fitch responded to Commissioner Rolle's inquiry regarding the difference between the original language and the proposed new language. He advised that other than eliminating the Fire Board's role, no substantive changes had been made to the proposed ordinance. It was moved by Commissioner Rolle that the proposed ordinance be forwarded to the Board with a favorable recommendation. This motion was seconded by Commissioner Ferguson, and upon being put to a vote, passed by a vote of 5-0, (Commissioner Seijas was absent). Chief Charles Phillips, Miami-Dade Fire Rescue, noted the fire chief's authority to appoint his staff was eliminated in the proposed ordinance, thus weakening the authority of the fire chief. Assistant County Attorney Fitch advised that it was not prudent for the fire chief to remain with the same kind of authority, now that the Fire Board was abolished. He noted the language pertaining to appointments by the County Manager was similar to other County departments, and the formal appointment of classified and exempt employees was under the Manager's authority. Commissioner Heyman stated the right of the fire chief to appoint his or her immediate staff was eliminated in the proposed ordinance. She noted the fire chief, like the police chief should have the right to appoint his or her command staff. It was moved by Commissioner Heyman to reconsider the vote to forward the proposed ordinance to the Board with a favorable recommendation. This motion was seconded by Commissioner Rolle, and upon being put to a vote, passed by a vote of 4-1, (Chairperson Martinez voted no) (Commissioner Seijas was absent). It was moved by Commissioner Heyman that the proposed ordinance be deferred to the Public Safety Committee meeting scheduled for March 4, 2003 at 2:00 p.m. This motion was seconded by Commissioner Rolle, and upon being put to a vote, passed by a vote of 4-1, (Chairperson Martinez voted no) (Commissioner Seijas was absent). Commissioner Ferguson noted she supported all department directors having authority to make appointments without the County Manager's approval. She stated that if the department was not operating correctly, the Manager was empowered to remove the director.

County Attorney 1/13/2003 Assigned Public Safety Committee
REPORT: public hearing

Board of County Commissioners 11/19/2002 4B Deferred
REPORT: Commissioner Moss noted the County Manager's Memorandum of Changes requested the foregoing proposed ordinance be deferred to no date certain, and he requested this item be referred to the appropriate committee that would have jurisdiction over the Fire Department.

Board of County Commissioners 10/22/2002 13P Adopted on first reading 11/19/2002 P

County Attorney 10/2/2002 Assigned Lee Kraftchick 10/2/2002

Legislative Text


TITLE
ORDINANCE IMPLEMENTING THE SEPTEMBER 10, 2002 AMENDMENT TO THE COUNTY CHARTER ABOLISHING THE FIRE BOARD; AMENDING SECTION 2-182, 2-183, AND CHAPTER 18, ARTICLE II OF THE CODE OF MIAMI-DADE COUNTY, RELATING TO THE MIAMI-DADE COUNTY FIRE DEPARTMENT AND THE PROVISION OF FIRE AND RESCUE SERVICES; PROVIDING FOR THE COUNTY COMMISSION TO BE THE GOVERNING BODY OF THE DISTRICT; PROVIDING MUNICIPAL OPTIONS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE.

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:


Section 1. Sections 2-181 and 2-182 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Sec. 2-181. Established; fire chief; appointment, term, compensation; organization; employees.

A Miami-Dade County Fire >>and Rescue<< Department is hereby established. The head of this Department shall be the Fire Chief>>, who shall be known by the title Miami-Dade County Fire Chief.<< [[appointed by the Miami-Dade Fire Board in accordance with Section 18-29(b) of the Code.]] The organization and operating procedures of the Department shall be described in administrative orders and regulations of the Manager [[and the Miami-Dade Fire Board.]] The Manager shall in accordance with the Code and Personnel Rules appoint such employees and other personnel as may be necessary to operate the Department [[except that the Fire Chief shall appoint the Department's command staff and the Fire Board shall appoint its immediate staff]]. [[The salaries, compensation and benefits of the Fire Chief shall be fixed by the County Manager with recommendation from the Fire Board. The salaries, compensation and benefits of those employees appointed by the Chief shall be fixed by the Chief. The salaries compensation and benefits of the employees appointed by the Fire Board, other than the Chief, shall be set by the Fire Board.]] The salaries, compensation and benefits of all employees [[within the classified service]] shall be fixed by the County Commission upon recommendation of the Manager.

Sec. 2-182. Powers and duties; authority to enter into mutual fire protection agreements.

(a) The [[Metropolitan]] >>Miami-<
(1) Provide fire and rescue protection in the unincorporated area of the County and other areas of the County as directed by the [[Metro Dade Fire Board]] >>Board of County Commissioners.<< [[pursuant to Chapter 18, Article II, of the Dade County Code.]]

(2) Maintain County fire stations and firefighting equipment.

(3) Provide central records, investigations and communications of fire protection and require each municipality to furnish the Department with all fire records prescribed by the [[Metropolitan ]] >>Miami-<
(4) Perform such additional duties as may be prescribed by ordinance or by administrative orders and regulations of the Manager. [[or the Fire Board.]]

>>(b) The County Manager shall have the power to enter into agreements with one (1) or more municipalities in Miami-Dade County to provide fire protection within such municipalities by the Miami-Dade County Fire Department, such agreement to have the prior approval of the Board of County Commissioners of Miami-Dade County.<<

Section 2. Article II of Chapter 18 of the Dade County Code is hereby repealed and replaced with the following:
>>Article II: Miami-Dade Fire and Rescue Service District

Sec. 18-24. Creation and Continuance of District.

The special district known and designated as the Metro Dade Fire and Rescue Service District (hereinafter referred to as "the District") created and established in Dade County, Florida by Ordinance No. 80-86 shall continue in existence, as modified by the remainder of this ordinance. The District shall be known henceforth as the Miami-Dade Fire and Rescue Service District.

Sec. 18-25. Boundaries.

The initial boundaries of the District shall be the geographic boundaries of Miami-Dade County, excluding any municipality which opted out of the Metro-Dade Fire and Rescue Service District created by Ordinance No. 80-86 prior to the date this ordinance was adopted. The District boundaries may change from time to time based upon the exercise of the municipal option provided in Section 18-33.

Sec. 18-26. Service Provided.

The service provided by the District shall include a uniform level of fire and rescue service throughout the District and to those governmental entities which may from time to time contract with the District. The District shall begin the provision of such service within its boundaries on the date this ordinance becomes effective, and shall from that date forth be ready, willing and able to provide a uniform level of fire and rescue service on a countywide basis to all properties and residents within the County.


Sec. 18-27. Revocation of Transfer
of Property in Trust.

The trust created by Ordinance No. 96-28 is dissolved. The County, as the successor in interest, shall have sole possession of all real property, equipment, facilities and resources previously transferred to the District in trust.

Sec. 18-28. Governing Body.

The Board of County Commissioners shall be the governing body of the District.

Sec. 18-29. District Budget and Ad Valorem Tax.

The annual budget for the District shall be adopted by the Board of County Commissioners in such manner as may be provided by law. The County shall levy an annual ad valorem tax not to exceed three (3) mills upon all taxable property within the District, The tax shall be assessed, levied and collected, in the manner provided by law.

Sec. 18-30. Municipal Option to Provide Alternative
Service.

(a) Any municipality which is a member of the District as of the effective date of this ordinance, may provide an alternative means of delivering fire and rescue services within the municipality, provided the alternate means is approved by a majority of that municipality's citizens voting on that issue. Municipal action under this provision shall remove the municipality from the District as provided in subsection (c) below.

(b) Any municipality which exercises the option provided in subsection (a) may subsequently determine to join the District through the enactment of an ordinance adopted by a two-thirds vote of its governing body.

(c) Any election, ordinance or resolution enacted pursuant to subsection (a) or (b), subsequent to September 26, 1994, shall not be applicable to the District until the next succeeding fiscal year and only if a certified copy thereof is submitted to the District at least six (6) months prior to the beginning of said fiscal year.

(d) If any municipality chooses to exercise the options provided under (a) or (b) of this subsection, the boundaries of the District shall be automatically adjusted accordingly; provided, however, that property within any municipality exercising such option shall continue to be subject to any outstanding indebtedness or obligations of the District until such indebtedness or obligations are no longer outstanding with respect to such property.

Sec. 18-31. Municipalities Contracting with District for Additional Services.

Any municipality may contract with the District for the delivery of additional fire and rescue services. Any services provided by the District in accordance with any such contract shall be in addition to the fire and rescue services provided under Section 18-26.

Sec. 18-32. Existing Indebtedness.

Notwithstanding any other provision of this Ordinance, any indebtedness incurred by the District or by the County on the District's behalf prior to the enactment of this ordinance shall continue to be an obligation of the property within the District at the time the indebtedness was incurred; provided, however, that such obligation shall cease when the indebtedness is no longer outstanding or adequate provisions are made for its repayment.

Sec. 18-33. Other Chapter Provisions not Applicable.

Notwithstanding any other provision of Chapter 18, the District shall be governed solely by this Article II and Chapter 2, Article XXI of the Code.

Sec. 18- 34. General Provisions of the District.

It is the intent of the Board of County Commissioners to set forth in this chapter the functions and responsibilities of the Miami-Dade Fire and Rescue Service District created by Ordinance No. 80-86. The District described herein shall continue to be subject to modification or abolishment in whole or in part by duly enacted ordinance of the Commission.<<


Section 3. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 4. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 5. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.
Section 6. This ordinance does not contain a sunset provision.



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