Miami-Dade Legislative Item
File Number: 100410
Printable PDF Format Download Adobe Reader  Clerk's Official Copy   

File Number: 100410 File Type: Ordinance Status: In Committee
Version: 0 Reference: 10-29 Control: Board of County Commissioners
File Name: ORDINANCE CREATING MEDAL OF VALOR Introduced: 2/18/2010
Requester: NONE Cost: Final Action: 5/4/2010
Agenda Date: 5/4/2010 Agenda Item Number: 7C
Notes: Title: 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
Indexes: CITY OF MIAMI GARDENS
  CO-DESIGNATING
  ORDINANCE CREATING
  URGING
Sponsors: Barbara J. Jordan, Prime Sponsor
  Jose "Pepe" Diaz, Co-Sponsor
  Audrey M. Edmonson, Co-Sponsor
  Carlos A. Gimenez, Co-Sponsor
  Sally A. Heyman, Co-Sponsor
  Rebeca Sosa, Co-Sponsor
  Dorrin D. Rolle, 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 5/4/2010 7C Adopted P
REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. Commissioner Jordan requested the Medal of Valor’s design be submitted to the County Commissioners for their review. There being no further questions or comments, the Commission proceeded to vote. Note: During consideration of the changes to today’s (5/04) agenda, County Attorney Robert Cuevas noted Commissioner Sosa should be added as a co-sponsor on this proposed ordinance.

County Manager 4/29/2010 Scrivener's Errors 5/4/2010
REPORT: This item was reprinted to correct co-sponsors.

Housing & Community Development Committee 4/14/2010 2A Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Cynthia Johnson-Stacks read the foregoing proposed ordinance into the record. Chairwoman Edmonson opened the public hearing and called for persons wishing to be heard. She closed the public hearing after no one appeared. Commissioner Jordan explained the intent of the foregoing ordinance to create a medal of valor for Miami-Dade County. She noted this was in response to one of her constituents who was killed while on duty as a United Nations close protection officer in Afghanistan. Commissioner Jordan provided statistics on the percentage of individuals who lost their lives in the armed forces, and explained that this ordinance would allow the County to honor the 28 individuals from Miami-Dade County, who lost their lives in service from 2001 to the present. There being no further questions or comments, the Committee proceeded to vote.

Board of County Commissioners 3/2/2010 Tentatively scheduled for a public hearing Housing & Community Development Committee 4/14/2010

Board of County Commissioners 3/2/2010 4C Adopted on first reading 4/14/2010 P
REPORT: Commissioner Diaz requested to be listed as a cosponsor on the foregoing proposed ordinance submitted for first reading. The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Housing and Community Development Committee on April 14, 2010 at 9:30 a.m.

County Attorney 2/18/2010 Referred Housing & Community Development Committee 4/14/2010

County Attorney 2/18/2010 Assigned Martin W. Sybblis 2/23/2010

Legislative Text


TITLE
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

BODY
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.



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.