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ORDINANCE CREATING MIAMI-DADE COUNTY MEDAL OF VALOR; SETTING FORTH CRITERIA AND SELECTION PROCESS FOR RECIPIENTS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

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WHEREAS, members of the Miami-Dade County community, in times of armed conflict or war in defense of the United States, and in the pursuit of peace and freedom around the world, have voluntarily risked and at times sacrificed their lives in the line of duty; and
WHEREAS, the people of Miami-Dade County are honored to have such brave members of our community serve in the United States Armed Forces (the �Armed Forces�) and other international peacekeeping forces, such as the United Nations Peacekeeping Forces; and
WHEREAS, for example, Louis Maxwell, Jr. was one of those rare and exceptional individuals from Miami-Dade County who courageously sacrificed his own life to protect the lives of others; and
WHEREAS, Maxwell graduated from Miami Central Senior High School in 2000 and was an accomplished trumpet player who loved music; and
WHEREAS, at the age of seventeen, Maxwell joined the United States Navy and served four years of duty; and
WHEREAS, Maxwell became a United Nations close protection officer after completing his service in the Navy; and
WHEREAS, as a United Nations close protection officer, Maxwell was posted in Kabul, Afghanistan in June, 2009; and
WHEREAS, on November 4, 2009, Maxwell was securing a residential hotel housing United Nations employees when Taliban militants, during a daylight attack in the heart of Kabul, stormed the facility; and
WHEREAS, the militants attacking the facility used assault rifles and wore suicide vests, while Maxwell and other security officers had only handguns in their possession; and
WHEREAS, there were thirty-four people sleeping in the United Nations guest house and Maxwell�s security unit was able to stave off the Taliban long enough for all of the civilians to escape; and
WHEREAS, Maxwell was killed while defending the facility and its occupants; and
WHEREAS, Maxwell is survived by his parents, his sister and his two sons; and
WHEREAS, the Purple Heart is awarded in the name of the President of the United States to any member of a branch of the Armed Forces who, while serving with the Armed Forces after April 1917, has been wounded or killed; and
WHEREAS, Miami-Dade County should create a similar medal to honor residents, like Louis Maxwell, Jr., who have sacrificed their lives in the pursuit of justice, peace, and freedom, and in defense of the United States,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Creation. There is hereby created the Miami-Dade County Medal of Valor (the �Medal of Valor�).

Section 2. Presentation of Medal. At the first Miami-Dade County Board of County Commissioners (the �Board�) meeting in March of each year, beginning March, 2011, the Chairperson shall present the Medal of Valor on behalf of the Board. The Medal of Valor shall be of appropriate design and be composed of metal, with ribbons and appurtenances, and shall be presented to the representatives of residents of Miami-Dade County who died in the prior calendar year while serving the United States or an international peacekeeping force during a time of armed conflict or war. The Medal of Valor shall be the highest Miami-Dade County award for valor presented to a resident of Miami-Dade County.
Section 3. Selection of Recipients. The Board shall select those persons each year who are to be posthumous recipients of the Medal of Valor.
Section 4. Procedures for Nomination. Each commissioner shall nominate candidates from his or her district for the Medal of Valor and present such nomination(s) to the Board at the first meeting of the Board in January of each year, beginning January, 2011. The Board shall approve the nominations at such meeting.
Section 5. Criteria for Award. The Medal of Valor Award shall be awarded on behalf of the Board to any member of a branch of the Armed Forces or international peacekeeping force who was killed while serving in such capacity after September 11, 2001:
(1) In any action against an enemy of the United States;
(2) In any action with an opposing armed force of a foreign country in which the Armed Forces are or have been engaged;
(3) While serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party;
(4) As a result of an act of any such enemy of opposing armed forces;
(5) As the result of an act of any hostile foreign force;
(6) As a result of an international terrorist attack against the United States or a foreign nation friendly to the United States, recognized as such an attack by the Secretary of the department concerned, or jointly by the Secretaries of the departments concerned if persons from more than one department are wounded in the attack;
(7) As a result of military operations, while serving outside the territory of the United States as part of a peacekeeping force;
(8) By weapon fire while directly engaged in armed conflict regardless of the fire causing death; or
(9) While held as a prisoner of war or while being taken captive.
Notwithstanding the foregoing, residents of Miami-Dade County who died while serving the United States or an international peacekeeping force between September 11, 2001 and the effective date of this ordinance shall be eligible to be awarded the first Medal of Valor at a special medal presentation at the first Board meeting in November of 2010, in observance of Veteran�s Day. The nominations for this first awards presentation shall be submitted by each Commissioner at the first Board meeting in September of 2010.
Section 6. 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 7. It is the intention of the Board, 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 8. 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.