Miami-Dade Legislative Item
File Number: 033549
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File Number: 033549 File Type: Ordinance Status: Adopted
Version: 0 Reference: 04-57 Control: County Commission
File Name: AMEND SEC 2-11.38 RE:PROHIBITING SIMULTANEOUS SERV ON BOARD Introduced: 12/19/2003
Requester: NONE Cost: Final Action: 3/16/2004
Agenda Date: 3/16/2004 Agenda Item Number: 6C
Notes: Title: ORDINANCE AMENDING SECTION 2-11.38 OF THE CODE OF MIAMI-DADE COUNTY REGARDING MEMBERSHIP ON COUNTY BOARDS; PROVIDING EXCEPTION TO PROHIBITION AGAINST SIMULTANEOUS SERVICE ON MORE THAN ONE (1) COUNTY BOARD; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE
Indexes: AMENDING CODE
  COUNTY BOARDS
  MEMBERSHIP
Sponsors: Sally A. Heyman, Prime 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 3/16/2004 6C Adopted P

Governmental Operations and Environment Committee 2/10/2004 3G Forwarded to BCC with a favorable recommendation P
REPORT: Chairperson Seijas announced that the foregoing proposed ordinance was open for public participation, and there being no persons to appear before the Committee, the public hearing was closed. Commissioner Heyman, sponsor of the proposed ordinance, discussed the ordinance which provided that a member of a County board was not prohibited from simultaneously serving on another County board, if the County Commission had established that service on a particular board was a requirement for service on another County board.

Board of County Commissioners 1/20/2004 Scheduled for a public hearing Governmental Operations and Environment Committee 2/10/2004

Board of County Commissioners 1/20/2004 13O Adopted on first reading 2/10/2004 P
REPORT: The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Governmental Operations and Environment Committee on February 10, 2004 at 9:30 a.m.

County Attorney 12/19/2003 Assigned Governmental Operations and Environment Committee 2/10/2004

County Attorney 12/19/2003 Assigned Cynthia Johnson-Stacks

Legislative Text


TITLE
ORDINANCE AMENDING SECTION 2-11.38 OF THE CODE OF MIAMI-DADE COUNTY REGARDING MEMBERSHIP ON COUNTY BOARDS; PROVIDING EXCEPTION TO PROHIBITION AGAINST SIMULTANEOUS SERVICE ON MORE THAN ONE (1) COUNTY BOARD; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE

BODY
WHEREAS, Section 2-11.38 prohibits any person from serving on more than one county board at a time; and
WHEREAS, it would benefit the public, from time to time, to have persons with particular knowledge or experience serve on two County boards at the same time, so that their experience, insight and expertise can be shared between the boards,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY, FLORIDA:
Section 1. Section 2-11.38 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Sec. 2-11.38. Membership on Boards.
* * *
No member of any County board shall become a candidate for elective political office during his or her term. Should any member of a County Board qualify as a candidate for elective political office, such qualification shall be deemed a tender of resignation [[form]] >>from<< such board. No person shall serve on more than one (1) County board simultaneously[[.]] >>, provided, however, a member of a county board is not prohibited by this paragraph from simultaneously serving on another county board, if the County Commission has established that service on a particular board is a prerequisite or requirement for service on another county board.<<
Section 2. 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 3. 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 4. 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.



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