Miami-Dade Legislative Item
File Number: 070512
Printable PDF Format Download Adobe Reader  

File Number: 070512 File Type: Ordinance Status: Failed
Version: 0 Reference: Control: Board of County Commissioners
File Name: AMEND LANGUAGE TO HIRE & REMOVE CITT DIRECTOR Introduced: 2/20/2007
Requester: NONE Cost: Final Action: 3/22/2007
Agenda Date: 3/20/2007 Agenda Item Number: 7A
Notes: 6 WKS BETWEEN 1ST AND 2ND READING (2ND READING 3/20/07) Title: ORDINANCE AMENDING SECTION 2-1421 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA TO BETTER REFLECT THE TERMS OF THE BALLOT LANGUAGE PRESENTED TO THE VOTERS AND TO AUTHORIZE THE CITIZENS' INDEPENDENT TRANSPORTATION TRUST TO HIRE AND TO REMOVE ITS OWN EXECUTIVE DIRECTOR; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 063022]
Indexes: AMENDING CODE
  CITIZENS INDEPENDENT TRANSPORTATION TRUST
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 3/22/2007 7A Failed P
REPORT: County Attorney Greenberg read the foregoing proposed ordinance into the record. Commissioner Heyman said the purpose of the Citizen’s Independent Transportation Trust (CITT) was active citizen involvement in the operation and use of transit funds. She pointed out that the CITT Executive Director was hired and was accountable to the County Manager. She noted that other Trusts elected an Executive Director. It was moved by Commissioner Heyman that this proposed ordinance be adopted. This motion was seconded by Commissioner Gimenez. Commissioner Seijas read the ballot language presented to the voters who approved the CITT. She noted that the Commission adopted the ordinance establishing the CITT with the provision that the County Manager and the County Attorney would provide the Trust with adequate support staff and other resources to enable the Trust to carry out its charge. Commissioner Seijas said the record was clear and the ordinance never intended the CITT to be independent of the County Manager. She said that this proposed ordinance was not sufficient to accomplish the original intent approved by the voters. Commissioner Gimenez said the CITT Executive Director needed to be independent of County Administration. He noted that County Administration would make recommendations to the Trust; and it was difficult for the Executive Director to disagree with County Administration when the Executive Director depended on County Administration for employment. He said he thought the CITT members should elect the Executive Director in order for this to be a truly independent position. Discussion ensued regarding the issue of what the voters really approved. Commissioner Sosa questioned whether the CITT was created by ordinace and whether a Table of Organization was established at the time the voters approved the CITT. County Attorney Greenberg said such an ordinance was established. Commissioner Heyman pointed out that the term Executive Director was never included in the ballot language and that the County Manager created that position after the election. Concerning Commissioner Edmonson’s question whether the Mayor’s appointee for Executive Director would be submitted for the County Commission’s approval, County Attorney Greenberg noted the Mayor’s appointment would be forwarded to the Commission for approval. Following further discussion, the Commission proceeded to vote, and upon being put to a vote, failed to carry for a lack of the required 2/3 majority vote.

Board of County Commissioners 3/20/2007 7A Carried over 3/22/2007

County Attorney 2/20/2007 Assigned Bruce Libhaber

Transit Committee 2/14/2007 1E1 Amended Forwarded to BCC without recommendation as amended P
REPORT: Assistant County Attorney Gerald Sanchez read the foregoing proposed ordinance into the record. Commissioner Heyman asked that the foregoing proposed ordinance be amended on handwritten page 5 under Section (h), to read “…The Trust may be a super majority vote of its membership hire an Executive Director…” Chairman Rolle opened the public hearing and the following individual(s) appeared: Dr. Anna Ward, 415 NW 88 Terrace, Village of El Portal, appeared and noted that all County Trust Boards had the ability to hire and fire the respective agency’s executive directors. She expressed concern regarding the relationship between the Citizens’ Independent Transportation Trust (CITT) and its executive director. Mr. Miles Moss, 12900 SW 84 Street, Chair, Citizens’ Independent Transportation Trust (CITT), appeared in support of the foregoing proposed ordinance. He stated this would allow the Trust to act in a more independent fashion and was not a reflection on the executive director. Mr. Moss asked that the committee consider extending the timeframe for implementation to three (3) months rather than the normal ten days, which would allow ample time to revisit internal rules and procedures. There being no other persons to appear, the public hearing was closed. Commissioner Jordan clarified that the ten-day timeline referred only to authorization to proceed and not restricting the time the Trust would have to put its rules and procedures in place. She inquired as to Commissioner Heyman’s intent regarding the governance pertaining to all Trusts within the County, since some employed County employees and some were independent entities. Commissioner Heyman defined “super majority” as a 2/3 majority vote. She explained that the intent of this ordinance was to provide the CITT with more independence and authority. Commissioner Heyman pointed out that only the County Manager was being removed; the County Attorney would continue to serve as legal counsel to the Trust. In response to Commissioner Sorenson’s inquiry as to how the current executive director was hired, Ms. Nan Markowitz, Executive Director, CITT, explained the hiring process which involved the County Manager. Assistant County Attorney Sanchez advised that approval of this proposed ordinance would remove the authority to hire, fire, and evaluate the CITT’s Executive Director from the County Manager/Mayor, and provide it to the CITT. He explained that the original ordinance made no reference to an executive director; it stipulated that the County Manager would provide staff to the CITT. Mr. Sanchez pointed out that the County Manager, at his discretion, created this entity of nine (9) employees with an executive director whom he appointed. Commissioner Jordan pointed out that because the CITT consisted of County employees, the County Manager’s office would continue in its current role as liaison, and noted the only change would occur in the selection process for the executive director. She commented that if the Trust fired an employee, the County would have to place them in another position elsewhere since they are County employees. Commissioner Heyman stated her intent was to provide greater autonomy for the executive director of this volunteer body (CITT) to be accountable to this body (CITT) and to retain the oversight of the County Manager. There being no further discussion, the committee proceeded to vote on the foregoing proposed ordinance as amended by Commissioner Heyman. Assistant County Manager Alex Munoz commented that the executive director of the CITT currently hired and fired employees of the department. He noted Ms. Markowitz was a professional who performed independently of the County Manager. He stated for the record that the County Manager’s office did not involve itself directly with the personnel process regarding the CITT.

Legislative Text


TITLE
ORDINANCE AMENDING SECTION 2-1421 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA TO BETTER REFLECT THE TERMS OF THE BALLOT LANGUAGE PRESENTED TO THE VOTERS AND TO AUTHORIZE THE CITIZENS' INDEPENDENT TRANSPORTATION TRUST TO HIRE AND TO REMOVE ITS OWN EXECUTIVE DIRECTOR; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, on November 5, 2002, the voters of Miami-Dade County approved the imposition of a ˝ percent sales surtax to improve transit and transportation; and
WHEREAS, the ballot language indicated that surtax proceeds would be overseen by the Citizens’ Independent Transportation Trust (“Trust”); and
WHEREAS, the Trust’s very name suggests its own independence; and
WHEREAS, in order to be truly independent, the Trust needs the authority to hire its own Executive Director,
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 2-1421 of the Code of Miami-Dade County, Florida, is hereby amended as follows:1
Sec. 2-1421. Citizens’ Independent Transportation Trust created; powers over expenditure and use of proceeds of proposed Charter County Transit System Surtax.

* * *

(h) Staff support. The [[County Manager and the]] County Attorney shall [[provide]] >>serve as legal counsel<< to the Trust [[adequate staff and support services to enable the Trust to carry out its duties and responsibilities]]. >>The Trust may by a two thirds (2/3) vote of its membership hire an Executive Director. The Executive Director shall provide to the Trust adequate staff and support services to enable the Trust to carry out its duties and responsibilities. The Executive Director is authorized to hire and/or remove staff in order to provide adequate support for the Trust. The Executive Director may be removed by a two thirds (2/3) vote of the Trust members present.<<

* * *

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 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. The provisions of this amendment 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 5. This Ordinance may only be amended or repealed by a two-thirds vote of the Board. Any amendment or repeal of this Ordinance shall further require a minimum of six (6) weeks between first and second reading.



Home  |   Agendas  |   Minutes  |   Legislative Search  |   Lobbyist Registration  |   Legislative Reports
2014 BCC Meeting Calendar  |   Miami-Dade County Code of Ordinances   |   ADA Notice  |  

Home  |  Using Our Site  |  About Phone Directory  |  Privacy  |  Disclaimer

E-mail your comments, questions and suggestions to Webmaster  

Web Site © 2014 Miami-Dade County.
All rights reserved.