Miami-Dade Legislative Item
File Number: 101653
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File Number: 101653 File Type: Ordinance Status: In Committee
Version: 0 Reference: Control: Board of County Commissioners
File Name: BCC RULES COMMISSION AUDITOR TO PULL AGENDA ITEMS Introduced: 6/24/2010
Requester: NONE Cost: Final Action: 11/4/2010
Agenda Date: 11/4/2010 Agenda Item Number: 7G
Notes: RULES OF PROCEDURES Title: ORDINANCE PERTAINING TO RULES OF PROCEDURE OF COUNTY COMMISSION; AMENDING SECTION 2-1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA TO AUTHORIZE COMMISSION AUDITOR PUTTING AGENDA ITEMS WITHOUT REQUIRED FINANCIAL BUDGETARY IMPACT ANALYSIS ON PULL LIST; AND PROVIDING SEVERABILITY, INCLUSION IN CODE AND EFFECTIVE DATE
Indexes: COMMISSION AUDITOR
  RULES AND REGULATIONS
Sponsors: Rebeca Sosa, Prime Sponsor
  Audrey M. Edmonson, 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Board of County Commissioners 11/4/2010 7G Withdrawn P
REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. Commissioner Sosa noted a Governmental Operations Committee discussion requesting the Commission Auditor to notify the BCC Chairman about agenda items without fiscal impact information. She said that pursuant to County ordinance, Administration was required to present fiscal impact information and that this was a method to ensure compliance. Commissioner Martinez said that he voted against this proposal in committee, noting that only the BCC or individuals it specifically authorized should place items on the BCC agenda. He concurred with Commissioner Sosa’s suggestion that the Commission Auditor notify the BCC Chairman in the event that departmental items did not include fiscal impact information. Commissioner Martinez said that the proposal being considered was not amended to reflect this consideration. Commissioner Sosa noted a conversation with the County Attorney and advised the Board that amendatory language as discussed in committee was omitted from this proposal. She said another item would be prepared incorporating Committee discussions with proper language indicating that the Commission Auditor would identify only departmental items which did not contain fiscal impact information. It was moved by Commissioner Sosa that the foregoing proposed ordinance be withdrawn. This motion was seconded by Commissioner Martinez, and upon being put to a vote, passed by a vote of 12-0, (Commissioner Rolle was absent). Following consideration of this item, Chairman Moss noted his concurrence with Commissioner Martinez’ sentiment that only elected officials should be authorized to place an item on the BCC agenda. Commissioner Barreiro said that this would not be a consideration in the event that all agenda items were placed on the agenda by the Commission and administrative sponsored items were not allowed.

Government Operations Committee 10/12/2010 1F6 Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Geri Bonzon-Keenan read the foregoing proposed ordinance into the record. Chairman Gimenez opened the public hearing and called for persons wishing to appear before the Committee in connection with this proposed ordinance. He closed the public hearing after no one appeared. Commissioner Sosa provided an overview of the foregoing proposed ordinance. Commissioner Edmonson requested to be listed as a co-sponsor. Commissioner Seijas spoke in opposition to this proposal. She noted she did not agree with the Commission Auditor being allowed to place items on the agenda as this was the responsibility of the Commission Chairman and commissioners. In response to Commissioner Martinez’ inquiry regarding individuals who could place items on the Commission Agenda, Assistant County Attorney Bonzon-Keenan noted the Mayor, individual commissioners, and the County Attorney’s Office could place items on the agenda; however, only commissioners could pull items from the agenda. Commissioner Martinez noted he supported the intent of this proposal but did not support delegating the authority and responsibility of placing items on the Commission’s agenda to someone else. Commissioner Sosa recommended the proposed ordinance be amended to provide that the Commission Auditor would bring to the Chairman’s attention, items without the fiscal information and these would be listed under the Chairman’s pulled items. Commissioner Seijas noted she believed Commissioner Sosa’s proposed amendment would require a new item. She noted that she had no problems with the proposed ordinance and believed the Commission Auditor informed the County Commission members when items did not include the required financial information. Responding to Commissioner Seijas, Mr. Charles Anderson, Commission Auditor, noted he informed the County Commission of the quality of the fiscal impact when information was missing. Commissioner Edmonson noted instances in which commissioners received items late from Administration, and said an indication from the Commission Auditor that information was missing would allow commissioners to act quickly. She noted her support for this proposal as amended by Commissioner Sosa. In response to Commissioner Sosa’s inquiry whether this item could be forwarded to the County Commission with a favorable recommendation, and an alternate or substitute item be submitted to the Commission, Assistant County Attorney Bonzon-Keenan advised that the Committee could approve this proposed ordinance as is, or approve an amendment within the item; however, that amendment must be within the original scope of the title as it was advertised because this was a public hearing item. Assistant County Attorney Bonzon-Keenan advised that this proposed ordinance could be approved as is, if a majority of the Committee members forwarded it to the County Commission. She noted incorporating the changes that were discussed would exceed the boundaries of the ordinance title. Ms. Bonzon-Keenan said the Commission Auditor could be directed, without this item, to provide the Commission Chairman with a list of items and it would be the Chairman’s prerogative to decide whether he wanted to pull those items. In response to Commissioner Martinez’ inquiry whether the same intent would be accomplished if the Commission Auditor sent a memorandum to all commissioners regarding the fiscal impact, Assistant County Attorney Bonzon-Keenan noted it would not be an automatic placement on the Pull List. Hearing no further questions or comments, the Committee proceeded to vote on the foregoing proposed ordinance as presented.

County Attorney 9/21/2010 Referred Government Operations Committee 10/12/2010

Board of County Commissioners 7/8/2010 Tentatively scheduled for a public hearing Government Operations Committee 9/14/2010

Board of County Commissioners 7/8/2010 4D Adopted on first reading 9/14/2010 P
REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. Hearing no comments or questions, the Commission proceeded to vote on the foregoing proposed ordinance as presented. The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Government Operations Committee on September 14, 2010, at 9:30 a.m.

County Attorney 6/24/2010 Referred Government Operations Committee 9/14/2010

County Attorney 6/24/2010 Assigned David S. Hope

Legislative Text


TITLE
ORDINANCE PERTAINING TO RULES OF PROCEDURE OF COUNTY COMMISSION; AMENDING SECTION 2-1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA TO AUTHORIZE COMMISSION AUDITOR PUTTING AGENDA ITEMS WITHOUT REQUIRED FINANCIAL BUDGETARY IMPACT ANALYSIS ON PULL LIST; AND PROVIDING SEVERABILITY, INCLUSION IN CODE AND EFFECTIVE DATE

BODY

BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 2-1, Code of Miami-Dade County, is hereby amended as follows1:
Sec. 2-1. Rules of procedure of County Commission.
* * *

PART 5. CONDUCT OF MEETINGS; AGENDA
* * *

Rule 5.05 Agenda.

(a) Order of business.

(1) There shall be an official agenda for every meeting of the Commission, which shall determine the order of business conducted at the meeting. The order of business for Tuesday meetings shall be as follows:
1. Roll call

Invocation

Pledge of allegiance

Special presentations

Citizens’ presentations

Reports of official county boards

Motion to set agenda

Commission auditor

Office of intergovernmental affairs

2. Mayoral vetoes, mayoral reports.

3. Consent agenda.

4. Ordinances for first reading.

5. Public hearings which shall be scheduled for 9:30 a.m.

6. a. Chairperson of the board of county commissioners.

b. Policy matters for discussion by the board.

7. Ordinances for second reading.

8. Departments.

9. Additional departmental items.

10. Authorities, boards, councils and trusts.

11. County commissioners.

12. County manager.

13. County attorney.

14. Items subject to “4-day rule”.

15. Clerk of the board.
Items shall be considered in the order in which they are placed on the agenda unless a majority of the Commissioners determines to deviate from the printed agenda or in the discretion of the chairperson, certain matters should be taken out of order to help eliminate logistical concerns or exigent circumstances which would impede the proper functioning of the commission. During a commission meeting, commissioners may identify certain items for individual consideration (i.e., the “pull list”). >>The commission auditor in tracking agenda items for compliance with Resolution No. R-530-10, shall automatically place on the pull list, those items which do not include the required fiscal impact information. <
The commission shall not take action upon any matter when it is first presented to the commission in a report or reports made by the County Commissioners.

(2) At Thursday meetings the following items of business shall be conducted in the following order:

1. Special presentations and proclamations;

2. Policy matters for discussion by the board;

3. Zoning;

4. Metropolitan planning organization (MPO);

5. Workshops.

* * *

Section 2. Compliance with this Commission rule satisfies the requirements of Resolution No. R-530-10.
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, including any sunset provision, shall become and be made 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.
PASSED AND ADOPTED:
Approved by County Attorney as
to form and legal sufficiency: _____


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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