Legislative Matter

Miami-Dade Legislative Item
File Number: 093256

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Clerk's Official Copy

File Number: 093256

File Type: Ordinance

Status: Adopted

Version: 0

Reference: 10-06

Control: Board of County Commissioners

File Name: AMEND CH 2 COUNTY BOARDS COMMISSION VOTE WAIVE, TERM LIMITS

Introduced: 12/7/2009

Requester: NONE

Cost:

Final Action: 1/21/2010

Agenda Date: 1/21/2010

Agenda Item Number: 7G

Notes:

Title:

ORDINANCE AMENDING CHAPTER 2, SECTION 2-11.38.2 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, TO PROVIDE THAT COUNTY COMMISSION MAY BY SPECIFIED VOTE WAIVE TERM LIMITS FOR MEMBERS OF COUNTY BOARDS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 092998]

Indexes:

TERM LIMITS

Sponsors:	Dennis C. Moss, Prime Sponsor
	Audrey M. Edmonson, 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	1/21/2010	7G	Adopted				P
REPORT:	First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. In response to Commissioner Heyman’s inquiries pertaining to the impact of the foregoing proposed ordinance on County boards, Assistant County Attorney Gerald Sanchez noted the foregoing proposed ordinance would supersede the exemptions for some County Boards, including the Public Health Trust (PHT); the ordinance’s exemption was identical to the Public Health Trust’s waiver of term limit provisions, which required a 2/3s vote of the County Commission; and the Commission had final authority on any exception to the term limits. Hearing no further questions or comments, the Commission proceeded to vote on the foregoing ordinance.

County Attorney	1/13/2010		Assigned	Gerald K. Sanchez		1/13/2010

Housing & Community Development Committee	12/9/2009	1G1 AMENDED	Forwarded to BCC with a favorable recommendation with committee amendment(s)				P
REPORT:	Assistant County Attorney Cynthia Johnson-Stacks read the foregoing proposed ordinance into the record, along with a proposed amendment as requested by Chairwoman Edmonson, the prime sponsor. Chairwoman Edmonson relinquished the Chair to Vice Chairwoman Jordan. Vice Chairwoman Jordan opened the public hearing. She closed the public hearing after no one appeared in connection with this proposed ordinance. Hearing no other questions or comments, the Committee proceeded for vote on the motion to forward this ordinance to the County Commission with a favorable recommendation with Committee amendment(s) to include the language, "...or any other term limit applicable to a particular board member..." at end of sub-paragraph (b) on handwritten page 4.

Legislative Text

TITLE
ORDINANCE AMENDING CHAPTER 2, SECTION 2-11.38.2 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, TO PROVIDE THAT COUNTY COMMISSION MAY BY SPECIFIED VOTE WAIVE TERM LIMITS FOR MEMBERS OF COUNTY BOARDS; 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. Chapter 2, Section 2-11.38.2, of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Chapter 2
ADMINISTRATION
ARTICLE IB. STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY

Sec. 2-11.38.2. Term of office.

(a) The terms of office of the members of each board shall be staggered.

(b) No board member shall serve more than eight (8) consecutive years on any one (1) board. The provisions of this section shall not apply to current board members. Nothing set forth in this subsection above shall prohibit any individual from being reappointed to a County board after a hiatus of two (2) years. >>Notwithstanding the foregoing, the Board of County Commissioners may by a resolution adopted by a two-thirds (2/3) vote of members present waive the restriction that a particular member of a board may not serve more than eight (8) consecutive years on that board<< >>or any other term limit applicable to a particular board member.<<

(c) Additionally, notwithstanding any other provision of the Code or of any resolution, the term of every board member nominated by a Commissioner shall automatically expire when:

(1) The nominating Commissioner leaves office; or
(2) The nominating Commissioner's term of office expires.

The provisions of this subsection shall be applicable to the terms of County Commissioners which expired in October 1998, and thereafter.

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.

2 Committee amendments are indicated as follows: words double stricken through and/or [[double bracketed]] shall be deleted, words double underlined and/or >>double arrowed<< constitute the amendment proposed.