Legislative Matter

Miami-Dade Legislative Item
File Number: 080972

Printable PDF Format

Clerk's Official Copy

File Number: 080972

File Type: Ordinance

Status: Adopted

Version: 0

Reference: 08-35

Control: Board of County Commissioners

File Name: ORDINANCE RELATING TO COUNTY BOARDS

Introduced: 4/1/2008

Requester: NONE

Cost:

Final Action: 3/18/2008

Agenda Date: 3/18/2008

Agenda Item Number: 7B

Notes:

THIS IS FINAL VERSION AS ADOPTED. ALSO SEE 073594

Title:

ORDINANCE RELATING TO COUNTY BOARDS; AMENDING SECTION 2-11.38 TO PROVIDE THAT ANY PERSON WHO HAS A PENDING LAWSUIT AGAINST THE COUNTY SHALL NOT BE ELIGIBLE TO SERVE ON A COUNTY BOARD UNLESS THIS REQUIREMENT IS WAIVED BY TWO-THIRDS VOTE OF THE MEMBERS OF THE BOARD OF COUNTY COMMISSIONERS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 073594]

Indexes:

COUNTY BOARDS

Sponsors:	Rebeca Sosa, Prime Sponsor
	Jose "Pepe" Diaz, 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

County Attorney	4/1/2008		Assigned	Jess M. McCarty

Board of County Commissioners	3/18/2008	7B AMENDED	Adopted as amended				P
REPORT:	Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. Assistant County Attorney Mandana Dashtaki read into the record, the following amendments to foregoing proposed ordinance, as requested by Commissioner Sosa: - to add the phrase “…and that challenges of policies set by the Board of County Commissioners...” on handwritten page 5, Sec. 2-11.38 – Membership on boards, third paragraph, 4th line, after the word “appointment; - to add the phrase “…that challenges a policy set by the Board of County Commissioners…” on page six, at the end of the sixth line, after the phrase “…a lawsuit against the County…” Commissioner Sosa clarified that intent of the amendment was to limit the scope of the ordinance only to laws of challenging policy set by the Board of County Commissioners. She pointed out this applied to persons serving on County Boards, who had access to privileged information and an unfair advantage, in the event of litigation involving policy of the County Commission. Commissioner Heyman expressed concern with the language in this ordinance prohibiting most practicing attorneys with the potential to file litigation involving the County, from membership on any County Board. She also questioned the language pertaining to challenging County policy. Commissioner Sosa explained that this ordinance was developed because of comments she received regarding individuals seeking to serve on County boards in order to obtain inside information from County departments. Commissioner Gimenez noted he understood the intent of this ordinance, but stated he felt rather than developing legislation, the Board should deal with individuals who were problematic on a case by case basis. He noted he did not support this item. There being no further questions or comments, the Board proceeded to vote. The foregoing ordinance was adopted as amended to include the phrase "...that challenges a policy set by the Board of County Commissioners...", on handwritten page five, third full paragraph, before the words "...without relinquishing..."

Legislative Text

TITLE
ORDINANCE RELATING TO COUNTY BOARDS; AMENDING SECTION 2-11.38 TO PROVIDE THAT ANY PERSON WHO HAS A PENDING LAWSUIT AGAINST THE COUNTY SHALL NOT BE ELIGIBLE TO SERVE ON A COUNTY BOARD UNLESS THIS REQUIREMENT IS WAIVED BY TWO-THIRDS VOTE OF THE MEMBERS OF THE BOARD OF COUNTY COMMISSIONERS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
Section 1. Section 2-11.38 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
ARTICLE IB.
STANDARDS FOR CREATION AND
REVIEW OF BOARDS GENERALLY
* * *
Sec. 2-11.38. Membership on boards.
All members of County boards shall be permanent residents and electors of Miami-Dade County unless the Board of County Commissioners, by a two-thirds vote of its membership, waives this requirement, and should have reputations for integrity and community service. In addition, all board members should have demonstrated an interest in the field, activity or sphere covered by the board. Each board shall include at least one (1) person whose
livelihood does not depend on the area regulated, administered or dealt with by the board.
Unless the Board of County Commissioners by two-thirds vote of its membership waives the residency requirement, any member of County boards who ceases to be a resident of Miami-Dade County during the term of his or her office shall immediately advise the Clerk of the Board of County Commissioners. Upon being advised by the Clerk of such circumstances, the Board of County Commissioners shall declare the position to be vacant and shall promptly fill the same pursuant to the provisions of Section 2-11.38.1.
The primary consideration in appointing board members shall be to provide the board with the needed technical, professional, financial, business or administrative expertise. The membership of each board should be representative of the community at large and should reflect the gender, racial, ethnic and cultural make-up of the community.
>> No person shall be eligible to serve on a County board if, at the time of appointment to the County board, the person has filed a lawsuit against the County that is pending at the time of appointment and that challenges a policy set by the Board of County Commissioners, unless the Board of County Commissioners by two-thirds vote of its membership waives this requirement. �No person sitting on a County board may file a lawsuit against the County that challenges a policy set by the Board of County Commissioners without relinquishing his or her seat on the County board unless the Board of County Commissioners by two-thirds vote of its membership waives this requirement.<<
* * *
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.