Legislative Matter

Miami-Dade Legislative Item
File Number: 090252

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Clerk's Official Copy

File Number: 090252

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-233-09

Control: Board of County Commissioners

File Name: DISPLAY THE PRISONER OF WAR MISSING IN ACTION FLAG

Introduced: 1/30/2009

Requester: NONE

Cost:

Final Action: 3/3/2009

Agenda Date: 3/3/2009

Agenda Item Number: 11A12

Notes:

Title:

RESOLUTION DIRECTING MAYOR OR MAYOR’S DESIGNEE TO DISPLAY PRISONER OF WAR MISSING IN ACTION FLAG ON ALL COUNTY OWNED OR OPERATED BUILDINGS ON WHICH AMERICAN FLAG IS DISPLAYED WHENEVER AMERICAN FLAG IS FLOWN

Indexes:

LEGISLATURE

Sponsors:	Jose "Pepe" Diaz, Prime Sponsor
	Joe A. Martinez, Co-Sponsor
	Natacha Seijas, Co-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	3/3/2009	11A12	Adopted				P
REPORT:	Commissioners Sorenson and Gimenez spoke in opposition to this proposed resolution as presented. Vice Chairman Diaz relinquished the Chair to Commissioner Martinez. Commissioner Martinez spoke in support of this proposed resolution and asked to be listed as a cosponsor on this resolution. Commissioner Diaz explained the intent of this proposed resolution. Following further discussion among the Board members, Commissioner Gimenez spoke in favor of this proposed resolution. It was moved by Commissioner Diaz that the Board adopt this proposed resolution as presented. This motion was seconded by Commissioner Martinez, and upon being put to a vote, passed by a vote of 8-1 (Commissioner Sorenson voted “No”; Commissioners Edmonson, Sosa, Souto and Chairman Moss were absent). Later in the meeting, Commissioner Sorenson respectfully asked for the reconsideration of the foregoing proposed resolution. It was moved by Commissioner Gimenez that the Board reconsider this proposed resolution. This motion was seconded by Commissioner Heyman, and passed by a vote of 9-0 (Commissioners Rolle, Sosa, Souto and Chairman Moss were absent). The Board proceeded to vote on this proposed resolution as presented.

Government Operations Committee	2/13/2009	2D	Forwarded to BCC with a favorable recommendation				P
REPORT:	Assistant County Attorney Henry Gillman read the foregoing proposed resolution into the record. Commissioner Diaz provided an overview of the foregoing proposed resolution. Chairman Gimenez noted federal standards mandated that the Prisoner of War (POW)-Missing in Action (MIA) flag be flown on specific days and he would like to follow that process. Commissioner Diaz noted some veterans would prefer the POW-MIA flag be flown every day. He noted this symbolized all the veterans who passed away and those who were still missing. Chairman Gimenez noted the foregoing proposed resolution was requesting that the POW-MIA flag be flown on each County-owned building. He noted federal regulations governed the days the American flag and POW-MIA flag were flown on federal buildings. Commissioner Martinez spoke in support of the foregoing proposed resolution. Hearing no further comments or questions, the Committee voted on the foregoing proposed resolution as presented.

County Attorney	2/2/2009		Referred	Government Operations Committee	2/13/2009

County Attorney	1/30/2009		Assigned	Martin W. Sybblis		2/9/2009

Legislative Text

TITLE
RESOLUTION DIRECTING MAYOR OR MAYOR�S DESIGNEE TO DISPLAY PRISONER OF WAR MISSING IN ACTION FLAG ON ALL COUNTY OWNED OR OPERATED BUILDINGS ON WHICH AMERICAN FLAG IS DISPLAYED WHENEVER AMERICAN FLAG IS FLOWN

BODY

WHEREAS, according to the United States Department of Veterans Affairs, in 1972, Mrs. Michael Hoff, the wife of a United States military officer listed as missing in action during the Vietnam War (the �War�), developed the idea for a national flag to remind every American of the U.S. service members who were missing and whose fates were never accounted for during the War; and
WHEREAS, by the end of the War, more than 2,500 service members were listed by the U.S. Department of Defense as Prisoner of War (�POW�) or Missing in Action (�MIA�); and
WHEREAS, in 1979, Congress and the President proclaimed the first National POW-MIA Recognition Day to acknowledge the families of the POW and symbolize the steadfast resolve of the American people to never forget the men and women who gave up their freedom protecting ours; and
WHEREAS, in 1982, the POW-MIA flag became the only flag other than the Stars and Stripes to fly over the White House in Washington, D.C.; and
WHEREAS, Congress has designated the POW-MIA flag �[t]he symbol of our Nation�s concern and commitment to resolving as fully as possible the fates of Americans still prisoner, missing and unaccounted for in Southeast Asia.�; and
WHEREAS, Congress designated the third Friday of September as National POW-MIA Recognition Day and ordered prominent display of the POW-MIA flag on this day and several other national observances, including Armed Forces Day, Memorial Day, Flag Day, Independence Day and Veterans Day (the �Flag Holidays�); and
WHEREAS, Congress mandated that on these Flag Holidays, the POW-MIA flag is to be flown over the White House, the U.S. Capitol, the Korean and Vietnam Veterans of War Memorials, the offices of the Secretaries of State, Defense and Veterans Affairs, offices of the Director of Selective Service System, every major military installation (as directed by the Secretary of Defense), every United States Postal Service office, and all Department of Veterans Affairs medical centers and national cemeteries; and
WHEREAS, pursuant to Florida Statute �256.14, the Florida Department of Environmental Protection is required to purchase and display the POW-MIA flag year-round at each of the State of Florida�s parks where the flag of the United States is displayed; and
WHEREAS, Miami-Dade County desires to recognize the sacrifices of Americans still missing and unaccounted for,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board directs the Mayor or the Mayor�s designee to display the POW-MIA flag as second in order of precedence to the American Flag on or adjacent to all County owned or operated buildings on which the American Flag is displayed, whenever the American Flag is flown.