Legislative Matter

Miami-Dade Legislative Item
File Number: 101015

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Clerk's Official Copy

File Number: 101015

File Type: Ordinance

Status: In Committee

Version: 0

Reference: 10-55

Control: Board of County Commissioners

File Name: AMEND SECTION 25A HOLDING REGULAR MEETINGS

Introduced: 4/21/2010

Requester: NONE

Cost:

Final Action: 9/21/2010

Agenda Date: 9/21/2010

Agenda Item Number: 7D

Notes:

x-ref. W. 101793

Title:

ORDINANCE AMENDING SECTION 25A-3(F) OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR HOLDING REGULAR MEETINGS OF THE BOARD OF TRUSTEES OF THE PUBLIC HEALTH TRUST IN COMMISSION CHAMBERS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE (SEE AGENDA ITEM NO. 12B2)

Indexes:

PUBLIC HEALTH TRUST

Sponsors:	Joe A. Martinez, Prime Sponsor
	Sen. Javier D. Souto, Co-Sponsor
	Dennis C. Moss, Co-Sponsor
	Carlos A. Gimenez, Co-Sponsor
	Sally A. Heyman, 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	9/21/2010	7D	Adopted				P
REPORT:	County Attorney Cuevas read the foregoing proposed ordinance into the record. Commissioner Martinez noted the intent of this ordinance was to allow the public to attend the Public Health Trust (PHT) meetings. Commissioner Diaz concurred with Commissioner Martinez’ comments and noted this would provide for optimum transparency. Commissioner Jordan expressed concern that the Jackson Health System (JHS) staff members who were required to attend those meetings would be highly inconvenienced by having to leave the hospital’s campus. Discussion ensued among Board members regarding the benefits versus inconveniences of holding the PHT meetings at the Stephen P. Clark Center (SPCC) in Commission Chambers. Commissioner Gimenez expressed his support for this ordinance and asked to be listed as a co-sponsor. County Attorney Cuevas advised that Commissioners Heyman and Souto also asked to be listed as co-sponsors. Commissioner Seijas noted she concurred with Commissioner Martinez’ opinion that the PHT should conduct its meetings in a more spacious venue, however, she expressed her opposition to bringing the meeting to this facility (SPCC). She cited the possibility of having to pay overtime as the reason she could not support this item. Commissioner Sosa expressed concern with requiring hospital staff to attend PHT meetings at the SPCC and suggested the County provide a video camera technician at the meeting on Jackson Memorial Hospital’s campus. Assistant County Manager Alina Hudak advised Board members that companion Agenda Item 12B2 addressed the issue regarding costs associated with conducting the PHT meeting in the Commission Chambers. She noted those costs included overtime pay at $50 per hour, which would be billed to the PHT. Ms. Hudak further noted the PHT currently paid $6,000 for a video production company, per meeting. Commissioner Souto noted the need for Commission Committee involvement in this PHT process and reiterated his support for this ordinance. Commissioner Diaz emphasized the need to have this issue reviewed at Committee meetings rather than BCC meetings. Chairman Moss asked to be listed as a co-sponsor on this ordinance. There being no further questions or comments, the Board proceeded to vote.

Board of County Commissioners	9/10/2010	7D	Carried over		9/21/2010

Health, Public Safety & Intergovernmental Cmte	7/15/2010	2B	Forwarded to BCC with a favorable recommendation				P
REPORT:	Assistant County Attorney Gerald Sanchez read the foregoing proposed ordinance and the accompanying report, Agenda Item 7C, Legislative File No. 101793, into the record. The Committee proceeded to vote on this proposed ordinance and the accompanying report as presented. In response to Chairwoman Heyman’s request regarding the ability of staff to televise the Public Health Trust (PHT) Board of Trustees’ regular meetings, Ms. Judy Zito, Government Information Center Director, stated that the current PHT Board of Trustees’ regular meetings were televised and made available on Miami-Dade Television (MDTV) and on the internet. She provided an overview of the logistics to accomplish these efforts. Ms. Mary Lou Tighe, Corporate Director, PHT Governmental Relations, stated that the PHT Board of Trustees held one regular meeting on the fourth Monday of each month. She expressed a concern with the logistics of moving the medical staff away from the campus to participate in the PHT regular meetings held in the Commission Chambers. She informed the Committee members that the PHT budgeted $66,000 to have all of its meetings recorded and transcribed by a private company. Commissioner Martinez stated this proposal would save the PHT $66,000 by holding their regular meetings in the Commission Chambers. Commissioner Diaz noted all work and discussion was done at the PHT committee and subcommittee levels. Discussion ensued among the Committee members regarding the cost to video tape, record and transcribe all of the PHT meetings, which included the regular, committees and subcommittees. Chairwoman Heyman asked Assistant County Manager Alina Hudak and Ms. Mary Lou Tighe, Corporate Director, PHT Governmental Relations to review the feasibility of having the PHT Fiscal Affairs, Purchasing and Budget Committee and other primary PHT Committees hold meetings in the Commission Chambers. She asked that this information be provided to each Committee member before its presented at the September 16, 2010, Committee meeting. Chairwoman Heyman also asked for a review of all the PHT Board of Trustees Committees and the feasibility of consolidating the committees. Commissioner Barreiro suggested the Administration explore the feasibility of televising the other advisory board meetings such as the Citizens’ Independent Transportation Trust. Chairwoman Heyman agreed with Commissioner Barreiro. She asked Assistant County Manager Alina Hudak to work with the Government Information Center Director to identify other facilities to televise meetings. Commissioner Souto suggested the Administration explore the feasibility of televising meetings in the Main Public Library. The Committee proceeded to vote on this proposed ordinance and Agenda Item 7C, Legislative 101793 as presented.

Health, Public Safety & Intergovernmental Cmte	6/10/2010	1E1	Deferred to next committee meeting				P
REPORT:	Assistant County Attorney Gerald Sanchez read the foregoing proposed ordinance into the record. Chairwoman Heyman opened the public hearing. After hearing no one wishing to speak, Chairwoman Heyman closed the public hearing. It was moved by Commissioner Souto that the foregoing proposed ordinance be forwarded with a favorable recommendation. Commissioner Diaz seconded this motion. Chairwoman Heyman informed Committee members that a cost analysis was needed to ensure the televising of Public Health Trust (PHT) meetings was cost neutral. Commissioner Souto stated it was extremely important to hold the regular meetings of the PHT in the Commission Chambers. Commissioner Sosa expressed a concern with the proposed amendment to Chapter 25A-3 of the Miami-Dade County Code to designate the Commission Chambers as the site for the PHT meetings. In addition, she noted a potential scheduling conflict between the Board of County Commissioners (BCC) and the PHT meetings. Assistant County Attorney Eugene Shy, Jr. stated that the BCC Chair would make the decision on future scheduling of PHT meetings in the Commission Chambers. Commissioner Sosa expressed that she would be more comfortable with language regarding the use of the Commission Chambers in the event there was a need for an emergency PHT meeting. She noted the possible fiscal impact of billing overtime costs to the PHT for meetings past 4:30 p.m. Commissioner Sosa expressed her concern with imposing additional expenditures on the PHT. Assistant County Manager Ysela Llort noted the cost issue would be realized depending upon the PHT meeting times. A discussion ensued among Chairwoman Heyman, Commissioners Sosa, Souto, Rolle and Assistant County Manager Llort regarding the PHT meeting times, the overtime costs, the availability of the Commission Chambers, and the medical staff’s attendance and participation in providing reports at the PHT meetings. Commissioner Diaz expressed the need for transparency in this process with PHT and asked the PHT representative if they supported or opposed this proposed ordinance. Ms. Mary Lou Tighe, Corporate Director, PHT Governmental Relations, appeared before the Committee, and expressed a concern with the costs associated with traveling to PHT meetings held in the Commission Chambers. She noted that the PHT met every third Monday of the month at 3:30 p.m., and that the PHT Committee meetings were scheduled for 7:00 a.m. on the same day. She indicated, in response to Commissioner Diaz’ question, the PHT was willing to promote transparency by televising PHT meetings. Commissioner Diaz expressed his desire to view the televised PHT meetings. A discussion ensued among Chairwoman Heyman, Commissioner Sosa and Mr. Angel Petisco, Enterprise Technology Services Department (ETSD) Director regarding the feasibility of ETSD televising the PHT meetings. Mr. Petisco stated he would work with all concerned parties to address ETSD’s capability to televise the PHT meetings. Chairwoman Heyman asked Assistant County Manager Ysela Llort to provide her with a response, at the next Committee meeting, as to why the Enterprise Technology Services Department (ETSD) Director was not involved in determining the feasibility of televising the regular Public Health Trust (PHT) meetings in the County Commission Chambers; and whether it would be more cost effective and transparent to continue holding the Trust meetings at Jackson Memorial Hospital (JMH). She also asked staff to assess the impact of this proposal in terms of scheduling conflicts in the Chambers, particularly with the upcoming budget hearings; and the additional costs associated with overtime, etc. The Board by motion duly made, seconded and carried, deferred the foregoing proposed ordinance to the next Committee meeting. Commissioner Souto expressed a concern with delaying the foregoing proposed ordinance in an attempt to address issues regarding PHT meetings. Commissioner Barreiro spoke in support of the deferral provided ETSD could inexpensively accomplish the intent of this proposed ordinance at the PHT facility. In response to Chairwoman Heyman’s question regarding whether the Government Information Center (GIC) could provide technical support, Ms. Judy Zito, GIC Director, asked Mr. Donn Patchen, Station Manager, Miami-Dade Television (MDTV), to inform the Committee members of the PHT’s current requirements and capabilities. Mr. Patchen provided an overview of the current PHT meetings that were televised at the PHT facility. He noted that a vendor was contracted to provide the audio and video for the elderly. Mr. Patchen stated MDTV had the capability to webcast and schedule PHT meetings to be aired on Channel 2 that would be independent from Channel 1 used for Miami-Dade TV the County’s government access television station. He also stated an additional personnel cost would be incurred for meetings beyond 4:30 p.m. A discussion ensued among Commissioners Souto, Diaz and Ms. Tighe regarding the number of PHT regular meetings, PHT committee meetings, PHT Executive Committee meetings and emergency meetings as needed in comparison to BCC meetings. Commissioner Souto asked Assistant County Attorney Shy for the proposed amended language to televise and create a public record of all PHT meetings held at its current facility. In response to Commissioner Souto’s request, Assistant County Attorney Shy indicated that a new item would be prepared to accomplish the intent of the language offered by Commissioners Diaz and Souto. He noted the title of this proposed ordinance was very specific; therefore, a new item would need to be prepared. A discussion ensued among the Committee members and Assistant County Attorney Shy regarding the title of this proposed ordinance, the requirement for a public hearing and public notice and possible creation of a substitute or alternate to this proposed ordinance. Assistant County Attorney Sanchez asked the Committee members to defer this item to later in today’s (6/10) meeting to allow the County Attorney’s Office to confer on the proposed amendment discussed by the Committee. Later in the meeting, Assistant County Attorney Shy advised the Committee that a new item would be prepared to include all PHT meetings. Commissioner Sosa suggested that Commissioner Martinez, the prime sponsor, be provided with the comments made at today’s (6/10) meeting so that he could determine how to move forward with this proposed ordinance. Commissioner Diaz urged the Administration, in consultation with the BCC Chairman Dennis C. Moss, to expedite bringing this matter back to the Committee for its consideration.

Board of County Commissioners	5/4/2010	4D	Adopted on first reading		6/10/2010		P
REPORT:	First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. There being no questions or comments, the Commission proceeded to vote. The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Health, Public Safety & Intergovernmental Committee on Thursday, June 10, 2010 at 9:30 AM.

Board of County Commissioners	5/4/2010		Tentatively scheduled for a public hearing	Health, Public Safety & Intergovernmental Cmte		6/10/2010

County Attorney	4/21/2010		Assigned	Eugene Shy		4/22/2010

County Attorney	4/21/2010		Referred	Health, Public Safety & Intergovernmental Cmte	6/10/2010

Legislative Text

TITLE
ORDINANCE AMENDING SECTION 25A-3(f) OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR HOLDING REGULAR MEETINGS OF THE BOARD OF TRUSTEES OF THE PUBLIC HEALTH TRUST IN COMMISSION CHAMBERS; 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 25A-3(f) of the Code of Miami-Dade County, Florida, is hereby amended as follows:1
Sec. 25A-3. Governing body.
* * *
(f) Organization, powers and duties of the Board of Trustees. The Board of Trustees shall organize after the members thereof have qualified to serve and shall elect one (1) of its voting members as Chairperson and one (1) of its voting members as Vice-Chairperson and shall designate a Secretary who may or may not be a member of the Board, and such other officers as the Board of Trustees may determine to be necessary.
The Board of Trustees shall hold regular meetings in accordance with the bylaws of the Trust and the Board may hold such other meetings as it deems necessary. The Trust shall hold and televise regular meetings of the Board of Trustees >>in Commission chambers.<<[[at the designated facilities of the Trust,
provided, however, that annually the Board of Trustees shall hold and televise at least one (1) of its regular meetings in Commission chambers. The Board of Trustees shall have discretion in determining which of its regular meetings are held and televised in Commission chambers.]] The regular meetings shall not conflict with the meeting schedule for the Board of County Commissioners or its committees. At the discretion of the Trust, other meetings may be held and televised in the Commission chambers. >>The Trust shall request use of Commission chambers for regular or other meetings of the Board of Trustees through the Chairperson of the Board of County Commissioners. The Chairperson of the Board of County Commissioners shall have final authority to approve the scheduling of such regular or other meetings of the Board of Trustees in the Commission chambers.<< Except as provided by law, all meetings of the Board shall be public and audio recorded and written minutes of the proceedings thereof shall be maintained by the Office of Internal Audit, as such term is hereafter defined. All actions taken at the meetings of the Board shall be promptly and properly recorded. Copies of all minutes and resolutions of the Board shall be forwarded to the Clerk of the Board of County Commissioners no later than ten (10) days subsequent to any meeting of the Board of Trustees.
* * *
Section 2. This ordinance shall supersede those provisions of any existing ordinance, resolution or policy in conflict herewith.
Section 3. 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 4. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance 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 5. 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.