Miami-Dade Legislative Item
File Number: 101188
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File Number: 101188 File Type: Ordinance Status: In Committee
Version: 0 Reference: Control: Board of County Commissioners
File Name: AMEND SEC 25A-3(A) REDUCING VOTING MEMBERSHIP PHT Introduced: 5/5/2010
Requester: NONE Cost: Final Action: 6/3/2010
Agenda Date: Agenda Item Number: 4
Notes: SEE AMENDED LEG# 101913. Title: ORDINANCE AMENDING CHAPTER 25A OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; REDUCING VOTING MEMBERSHIP OF THE BOARD OF TRUSTEES OF THE PUBLIC HEALTH TRUST; PROVIDING IMPLEMENTING PROCEDURE; REMOVING PROVISIONS REGARDING PUBLIC HEALTH TRUST NOMINATING COUNCIL; AND REQUIRING THE PUBLIC HEALTH TRUST TO COMPLY WITH DIRECTIVES TO THE TRUST SET FORTH FROM TIME TO TIME IN RESOLUTIONS OF THE COUNTY COMMISSION; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: AMENDING CODE
Sponsors: Joe A. Martinez, Prime 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

Health, Public Safety & Intergovernmental Cmte 7/15/2010 1E3 Amended
REPORT: See Agenda Item 1E3 Amended, Legislative File No. 101913 for the amended version.

Board of County Commissioners 6/3/2010 Tentatively scheduled for a public hearing Health, Public Safety & Intergovernmental Cmte 7/15/2010

Board of County Commissioners 6/3/2010 4I Adopted on first reading 7/15/2010 P
REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing ordinance into the record. Hearing no further questions or comments, the Board proceeded to vote on the foregoing ordinance as presented. The foregoing ordinance was adopted on first reading and set for a public hearing before the Health, Public Safety & Intergovernmental Committee (HPSIC) on Thursday, July 15, 2010, at 2:00 p.m.

County Attorney 5/5/2010 Referred Health, Public Safety & Intergovernmental Cmte 7/15/2010

County Attorney 5/5/2010 Assigned Eugene Shy

Legislative Text


TITLE
ORDINANCE AMENDING CHAPTER 25A OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; REDUCING VOTING MEMBERSHIP OF THE BOARD OF TRUSTEES OF THE PUBLIC HEALTH TRUST; PROVIDING IMPLEMENTING PROCEDURE; REMOVING PROVISIONS REGARDING PUBLIC HEALTH TRUST NOMINATING COUNCIL; AND REQUIRING THE PUBLIC HEALTH TRUST TO COMPLY WITH DIRECTIVES TO THE TRUST SET FORTH FROM TIME TO TIME IN RESOLUTIONS OF THE COUNTY COMMISSION; 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. Section 25A-3(a) of the Code of Miami-Dade County, Florida, is hereby amended as follows:1
Sec. 25A-3. Governing body.
(a) Composition. The governing body of the Trust shall be a Board of Trustees composed of [[seventeen (17)]] >>eleven (11)<< voting members none of whom shall be employees of the Trust. The voting membership shall include a member of the University of Miami Board of Trustees. In addition, the voting membership shall include the Chairperson of the Board of County Commissioners and a Commissioner designated by the Chairperson, or, alternatively, in his or her discretion, the Chairperson of the Board of County Commissioners may designate two (2) Commissioners to serve as voting members. The remaining voting membership shall be selected in accordance with Section 25A-3(d).
* * *
>> As of September 1, 2010, the voting membership of the Board of Trustees is seventeen (17). So that the reduction in voting members from (17) to eleven (11) is gradual and the terms of Trustees remain staggered, during the annual appointment process for 2010 and 2011, the Commission shall appoint three (3) voting members to the Board of Trustees in each such year in accordance with Section 25A-3(d). During the annual appointment process for 2012, the Commission shall appoint two (2) voting members to the Board of Trustees. After completion of the annual appointment process for 2012, the total voting membership shall have been reduced to the following eleven (11) members: two (2) Voting Commissioners, one (1) member from the University of Miami Board of Trustees and eight (8) members as set forth in this paragraph. <<
`* * *
Section 2. Section 25A-3(d) of the Code of Miami-Dade County, Florida, is hereby amended as follows:
Sec. 25A-3. Governing body.
* * *
(d) Appointment and removal of Trustees. Voting Trustees shall be appointed by resolution of the Board of County Commissioners [[after having been selected by the Commission from persons nominated by a Nominating Council established and described herein. The Nominating Council, hereinafter known as the Public Health Trust Nominating Council, shall be comprised of the following five (5) voting members: the Chairperson of the Commission committee of jurisdiction for the Public Health Trust, or a Commissioner of that committee designated by the committee Chairperson; the Chairperson of the Public Health Trust; the Chairperson of the Board of County Commissioners or a Commissioner designated by the Chairperson; the Mayor or a Commissioner designated by the Mayor; and the Chairperson of the Miami-Dade Legislative Delegation or another member of the delegation appointed by Chairperson of the Miami-Dade Legislative Delegation. The Chairperson of the Trust shall not serve on the Nominating Council when being considered for reappointment and shall appoint a Trustee to replace him or her. The County Manager and the County Attorney shall provide appropriate staff support to the Council. The sole function of the Nominating Council shall be to solicit, screen, interview and recommend for appointment the best qualified candidate for each vacancy on the Trust Board]]. The membership of the Board of Trustees should be representative of the community at large and should reflect the racial, gender, ethnic and disabled make-up of the community. The >>Commission<<[[Council]] should consider the most current demographic statistics from Miami-Dade County. [[Said Council and the procedures under which it will operate shall be approved by the Board of County Commissioners. All meetings of the Nominating Council shall be audio recorded and minutes of the proceedings shall be transcribed and maintained by the Clerk of the Board of the County Commission.]] Prior to September 1st of each year, the >>Chairperson of the Commission and the Clerk of the Commission shall compile a list of nominees for membership on the Board of Trustees. The compilation of the list of nominees shall be completed in the manner determined by the Chairperson of the Commission, taking into consideration, among other factors set forth herein, the number of vacancies created by the expiration of terms of incumbent Trustees.<< [[Nominating Council shall submit to the Commission a list of nominees containing a total number of names which is equal to one (1) nominee for each vacancy on the Trust Board plus two (2) additional nominees.]] The Commission shall select and appoint the voting trustees from the list of nominees >>compiled by the Chairperson and the Clerk<<[[submitted by the Nominating Council]].
In the event of a vacancy during the term of a voting Trustee, the Trust shall notify the Commission of the vacancy and shall request that it be filled as part of the annual appointment process or >>at such other time as determined by the Chairperson of the Commission<<[[by special convening of the Public Health Trust Nominating Council]].
A Trustee may be removed by a majority vote of the Board of County Commissioners for cause.
* * *
Section 3. Section 25A-4(j) of the Code of Miami-Dade County, Florida, is hereby amended as follows:
Sec. 25A-4. Powers and duties of the Trust.
* * *
(j) Compliance with law >>and Commission directives<<. The Trust shall comply with all laws and regulations of the United States, the State of Florida, and Miami-Dade County, including but not limited to the laws relating to the expenditure of funds and the keeping of records and inventories and the operation and governance of health care facilities. >>The Trust shall also comply with any Commission directive to the Trust, as set forth from time to time by resolution of the Commission.<<
* * *
Section 4. This ordinance shall supersede those provisions of any existing ordinance, resolution or policy in conflict herewith.
Section 5. 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 6. 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 7. 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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