Miami-Dade Legislative Item
File Number: 100917
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File Number: 100917 File Type: Ordinance Status: In Committee
Version: 0 Reference: Control: Housing & Community Development Committee
File Name: AMEND CODE 2-11.38 RELATING TO COUNTY BOARDS Introduced: 4/6/2010
Requester: NONE Cost: Final Action:
Agenda Date: Agenda Item Number: 4F
Notes: SEE SUBSTITUTE #102256 Title: ORDINANCE RELATING TO COUNTY BOARDS; AMENDING SECTION 2-11.38 OF THE CODE OF MIAMI-DADE COUNTY TO PROVIDE THAT PROHIBITIONS AND RESTRICTIONS OF SUCH CODE SECTION SHALL NOT APPLY TO PUBLIC ENTITIES WHICH ARE DESIGNATED AS STATE AGENCIES PURSUANT TO FLORIDA LAW; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE SUBSTITUTE ITEM UNDER FILE NO. 102256]
Indexes: AMENDING CODE
  COUNTY BOARDS
Sponsors: Sally A. Heyman, 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

Housing & Community Development Committee 10/13/2010 1F1 Withdrawn
REPORT: (See Agenda Item 1F1 Substitute; Legislative File No. 102256.)

County Attorney 9/15/2010 Referred Housing & Community Development Committee 10/13/2010

Housing & Community Development Committee 5/12/2010 2E Deferred P
REPORT: During consideration to today's agenda, the Committee voted to defer the foregoing proposed ordinance as requested by the County Manager in his Memorandum entitled Requested Changes to the Housing and Community Development Committee Agenda, dated May 12, 2010.

County Manager 5/11/2010 Deferrals Housing & Community Development Committee 5/12/2010
REPORT: The Prime Sponsor has requested this item to be deferred to no date certain.

Board of County Commissioners 4/20/2010 Tentatively scheduled for a public hearing Housing & Community Development Committee 5/12/2010

Board of County Commissioners 4/20/2010 4F Adopted on first reading 5/12/2010 P
REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. Hearing no comments or questions, the foregoing proposed ordinance was adopted on first reading and set for public hearing before the Housing and Community Development Committee on Wednesday May 12, 2010 at 9:30 AM.

County Attorney 4/6/2010 Referred Housing & Community Development Committee 5/12/2010

County Attorney 4/6/2010 Assigned Cynthia Johnson-Stacks

Legislative Text


TITLE
ORDINANCE RELATING TO COUNTY BOARDS; AMENDING SECTION 2-11.38 OF THE CODE OF MIAMI-DADE COUNTY TO PROVIDE THAT PROHIBITIONS AND RESTRICTIONS OF SUCH CODE SECTION SHALL NOT APPLY TO PUBLIC ENTITIES WHICH ARE DESIGNATED AS STATE AGENCIES PURSUANT TO FLORIDA LAW; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, the provisions of Section 2-11.36.1 of the Code of Miami-Dade County define the term “County Boards” broadly, so that public entities which are designated as state agencies pursuant to Florida law are encompassed within that definition; and
WHEREAS, public entities which are designated as state agencies pursuant to Florida law should not be subject to the restrictions and prohibitions on members of County Boards, pursuant to Section 2-11.38 of the Code of Miami-Dade County,
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 2-11.38 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Sec. 2-11.36.1. Definition of board.

(a) The term "board" is defined to include every agency, authority, advisory board, regulatory board, quasijudicial board, semiautonomous instrumentality, committee, task force or any other citizens' group created and funded in whole or in part by the Board of County Commissioners. The foregoing notwithstanding, this article shall not apply to citizen groups created for specific advisory purposes where such group's existence is limited to a period of less than one (1) year. Except as otherwise provided, "County boards" and "citizens' advisory groups" may only be created by action of the County Commission, and only the County Commission, as a body, may appoint the members of the such boards and groups.

(b) Notwithstanding the provisions of subsection (a) hereof, no board, committee, task force, or other citizens' group created by a County Commissioner for the purpose of advising him or her with regard to issues solely within his or her district shall be deemed a County "board" as that term is defined herein. Such a "district board" shall, however, be governed by Florida's "Government in the Sunshine Law," Section 286.011, Florida Statutes, and the County's and Florida's Code of Ethics Laws, Section 2-11.1 of the Code of Miami-Dade County and Chapter 112, III, Florida Statutes, as those laws may be amended from time to time.

* * *

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 (2/3) 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 (2/3) 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 (2/3) vote of its membership waives this requirement.
No member of any County board shall become a candidate for elective political office during his or her term. Should any member of a County board qualify as a candidate for elective political office, such qualification shall be deemed a tender of resignation from such board. No person shall serve on more than two (2) County boards simultaneously, unless the Commission has by unanimous vote approved the appointment after being advised of all other County board(s) upon which the person sits, provided, however, a person serving on any one of the following boards shall not serve on any other County board simultaneously except as provided by ordinance: Community Council; Community Zoning Appeals Board; Planning Advisory Board; Citizens' Independent Transportation Trust; Housing Finance Authority; Independent Review Panel; Industrial Development Authority; Health Facilities Authority; Educational Facilities Authority; Commission on Ethics and Public Trust; Environmental Quality Control Board; The Children's Trust; and the Public Health Trust. Notwithstanding the foregoing, a person is prohibited from serving on a County board where such service would violate federal or state law, the Miami-Dade County Home Rule Charter or county ordinance.
>>Notwithstanding any of the foregoing, none of the provisions of this section shall apply to any Board or to individuals who serve on any Board that is an agency of the State of Florida, pursuant to Florida law.<<
Any Commissioner who has nominated a citizen to a County board as that term is defined in section 2-11.36 of the Code of Miami-Dade County may at any time, with or without cause, request the Board of County Commissioners to remove said board member from his or her position on a County board and recommend a different person to fill the position.

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.



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