Miami-Dade Legislative Item
File Number: 041606
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File Number: 041606 File Type: Ordinance Status: Adopted
Version: 0 Reference: 04-205 Control: County Commission
File Name: AMEND BCC RULES; 4-DAY RULE Introduced: 6/1/2004
Requester: NONE Cost: Final Action: 12/2/2004
Agenda Date: 11/30/2004 Agenda Item Number: 6C
Notes: Title: ORDINANCE RELATING TO RULES OF PROCEDURE; AMENDING SECTION 2-1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, TO REQUIRE THAT COUNTY MANAGER FOLLOW SPECIFIED PROCEDURE REGARDING PROPOSED AGENDA ITEMS NOT DELIVERED IN ACCORDANCE WITH ''4-DAY RULE''; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: COUNTY COMMISSION RULES
Sponsors: Jose "Pepe" Diaz, Prime Sponsor
  Rebeca Sosa, 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 12/2/2004 6C Adopted P

Board of County Commissioners 11/30/2004 6C Carried over 12/2/2004

Governmental Operations and Environment Committee 10/12/2004 3A Forwarded to the BCC by the BCC Chairperson with a favorable recommendation P
REPORT: Commissioner Sosa discussed the tracking of ordinances that are approved by the County Commission and noted the approval of ordinance no. 01-165 on October 23, 2001 under her sponsorship, which addressed the same issue being proposed by Commissioner Diaz. Commissioner Diaz expressed concern that staff did not follow up on directives given by members of the Board. Deputy County Manager Pete Hernandez responded he would address Commissioner Diaz' concern in a written report to the Committee. Chairperson Seijas announced that the foregoing proposed ordinance was open for public participation. Commissioner Sosa noted the difference in the proposed ordinance that stated the County Manager should attach a memorandum to the item to state whether the item was time sensitive and the reason for that determination. There being no one to appear, the public hearing was closed. The Committee proceeded to vote on the foregoing proposed ordinance as presented. Chairperson Seijas stated she would request that the Board of County Commissioners’ Chairperson to waive the Committee rules and allow the foregoing proposed ordinance to be heard at the Board meeting of October 19, 2004.

County Attorney 9/13/2004 Assigned Governmental Operations and Environment Committee 10/12/2004

County Attorney 7/27/2004 Assigned Governmental Operations and Environment Committee 9/14/2004

Governmental Operations and Environment Committee 7/20/2004 3A Deferred to next committee meeting
REPORT: Deferred to the next Committee meeting scheduled for September 14, 2003.

County Attorney 6/16/2004 Assigned Governmental Operations and Environment Committee 7/20/2004

Board of County Commissioners 6/8/2004 Scheduled for a public hearing Governmental Operations and Environment Committee 6/15/2004

Board of County Commissioners 6/8/2004 13H Adopted on first reading 6/15/2004 P
REPORT: The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Governmental Operations and Environment Committee on June 15, 2004.

County Attorney 6/1/2004 Assigned Governmental Operations and Environment Committee 6/15/2004

County Attorney 6/1/2004 Assigned Gerald K. Sanchez 6/1/2004

Legislative Text


TITLE
ORDINANCE RELATING TO RULES OF PROCEDURE; AMENDING SECTION 2-1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, TO REQUIRE THAT COUNTY MANAGER FOLLOW SPECIFIED PROCEDURE REGARDING PROPOSED AGENDA ITEMS NOT DELIVERED IN ACCORDANCE WITH "4-DAY RULE"; 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. Section 2-1 of the Code of Miami-Dade County, Florida, is hereby amended as follows:1

Chapter 2

ADMINISTRATION

ARTICLE I.

IN GENERAL

Sec. 2-1. Rules of procedure of County Commission.

* * *

PART 5. CONDUCT OF MEETINGS; AGENDA

* * *

Rule 5.05 Agenda.

* * *

(b) Authority to sponsor or present items on agenda.

(1) Matters may be presented or sponsored by any County Commissioner, a commission committee, the County Manager, the County Attorney and the Clerk of the Commission.

(2) Proposed agenda items not delivered in accordance with subsection (c) hereof, or which have not been considered by any committee, (except for alternates, substitutes, board appointments and office allocations) shall not be placed on the agenda unless accompanied by the signatures of at least seven members of the board of county commissioners. Proposed agenda items not delivered in accordance with subsection (c) hereof, (except for alternates, substitutes, reports and supplements) and which are sponsored by the county manager, shall not be placed on the agenda, unless the county manager certifies in writing >>in a memorandum attached to the item<< that the matter >>(1) <>and states the reasons for that determination,<< or >>(2) <
* * *

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.
1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.



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