Legislative Matter

Miami-Dade Legislative Item
File Number: 101240

Clerk's Official Copy

File Number: 101240

File Type: Ordinance

Status: Adopted

Version: 0

Reference: 09-95

Control: Board of County Commissioners

File Name: RELATING TO COUNTY BOARDS BACKGROUND CHECKS REQUIRED

Introduced: 5/12/2010

Requester: NONE

Cost:

Final Action: 11/3/2009

Agenda Date: 11/3/2009

Agenda Item Number: 7A

Notes:

THIS IS FINAL VERSION AS ADOPTED. ALSO SEE 092133

Title:

ORDINANCE RELATING TO COUNTY BOARDS; AMENDING SECTION 2-11.38.1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, REQUIRING THAT BACKGROUND CHECKS BE PERFORMED BY INSPECTOR GENERAL REGARDING APPLICANTS FOR COUNTY BOARDS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE (SEE ORIGINAL ITEM UNDER FILE NO. 092133)

Indexes:	COUNTY BOARDS
	AMENDING CODE
	CANDIDATES
	BACKGROUND CHECKS

Sponsors:

Audrey M. Edmonson, 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

County Attorney	5/12/2010		Assigned	Gerald K. Sanchez

Board of County Commissioners	11/3/2009	7A AMENDED	Adopted as amended				P
REPORT:	County Attorney Robert Cuevas read the foregoing proposed ordinance into the record. Assistant County Attorney Gerald Sanchez noted a scriveners error existed in this ordinance on handwritten page 5, and should be corrected to delete the sentence in Section 2 in its entirety, Commissioner Jordan questioned the expense for performing background checks and the source for payment of these costs. Commissioner Edmonson responded that background checks would be conducted by existing Inspector General staff and resources. Commissioner Martinez inquired about whether the results of the background check was for informational purposes or whether it would be grounds to not appoint or to remove someone a board. Commissioner Edmonson responded that the Commission needed to establish criteria and needed adequate information prior to making any appointment. It was moved by Commissioner Edmonson that this proposed ordinance be adopted as amended to delete Section 2: “The provision of this ordinance shall apply to past, present and future members of the Community Councils” on handwritten page 5. This motion was seconded by Commissioner Sosa, and upon being put to a vote, passed by a vote of 11-1 (Commissioner Martinez voted "No"; Commissioner Heyman was absent).

Legislative Text

TITLE
ORDINANCE RELATING TO COUNTY BOARDS; AMENDING SECTION 2-11.38.1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, REQUIRING THAT BACKGROUND CHECKS BE PERFORMED BY INSPECTOR GENERAL REGARDING APPLICANTS FOR COUNTY BOARDS; 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 2-11.38.1 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Sec. 2-11.38.1. Process of appointment.
(a) Vacancies occurring on any board shall be advertised in publications of general circulation. Twice a year advertisements shall appear setting forth a list of all County boards; any special qualifications necessary for membership on the board; and the County telephone number to call for additional information.

(b) Prior to its making appointments to County boards, the Board of County Commissioners shall be furnished >>(1)<< a list setting forth the qualifications and demographic background of all new candidates for membership[[,]]>>;<< [[along with]] >>(2)<< a list of the qualifications and demographic backgrounds of the present members of the board to which an appointment is being made>>; and (3) a copy of a background check regarding criminal history, if any, of each applicant performed by the Office of the Inspector General.<<

* * *
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.