Legislative Matter

Miami-Dade Legislative Item
File Number: 101800

Printable PDF Format

Clerk's Official Copy

File Number: 101800

File Type: Ordinance

Status: In Committee

Version: 0

Reference: 10-74

Control: Board of County Commissioners

File Name: RULES OF PROCEDURE EXEMPT FROM THE ''4-DAY RULE'' MOTIONS

Introduced: 7/8/2010

Requester: NONE

Cost:

Final Action: 11/4/2010

Agenda Date: 11/4/2010

Agenda Item Number: 7B

Notes:

BCC RULES

Title:

ORDINANCE AMENDING SECTION 2-1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, RELATING TO RULES OF PROCEDURE OF THE BOARD OF COUNTY COMMISSIONERS; AMENDING RULE 5.05 TO PROVIDE THAT RESOLUTIONS OR MOTIONS DIRECTING MAYOR OR DESIGNEE TO PREPARE AN ITEM FOR CONSIDERATION BY THE COUNTY COMMISSION ARE EXEMPT FROM THE ''4-DAY RULE''; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

Indexes:

RULES OF PROCEDURE

Sponsors:	Carlos A. Gimenez, Prime Sponsor
	Audrey M. Edmonson, Co-Sponsor
	Joe A. Martinez, Co-Sponsor
	Rebeca Sosa, 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	7B	Adopted				P
REPORT:	First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. Commissioner Seijas questioned whether this foregoing proposed ordinance would authorize the Mayor to prepare items such as: to declare financial emergency; to open up union contracts; to amend department budgets; and to authorize a fire fee. Assistant County Attorney Gerald Sanchez responded that any motion made which would direct the Mayor or his designee to prepare an item, without limitation on the item, would not be subject to the 4-Day Rule. Commissioner Seijas noted and Assistant County Attorney Sanchez confirmed that there would be no method for the BCC to stop an item which was presented in accordance with this legislation. Commissioner Jordan questioned whether items requested by Board members to be prepared by administration would be subject to the 4-Day Rule under this proposal. Assistant County Attorney Sanchez responded that Board items requesting or directing the Mayor or his designee to bring an item back were exempt from this legislation and the 4-Day Rule could not be invoked under these circumstances. Commissioner Gimenez clarified that the item referenced situations where the Board, by majority vote, directed the Mayor to come back to the Board with an item. He noted that the newly presented item would return to the BCC for a final vote and would also be subject to the 4-Day Rule. Commissioner Jordan questioned whether authority already existed even if the Board had a discussion directing the County Attorney to prepare an item. Commissioner Gimenez responded that the County Manager was only required to respond to direction from the full BCC. He noted that the motion would exempt the BCC from the 4-Day Rule when requesting the Mayor to prepare an item for future consideration and a formal vote. Commissioner Seijas clarified that this ordinance was the result of an instance where a motion was made on a prior agenda item where she called the 4-Day Rule on the motion and not on the discussion since there was no supporting documentation. Commissioner Barreiro questioned whether the 4-Day Rule would apply if the majority of the BCC voted to amend a contract and directed the Mayor to immediately return with the requested documentation. Assistant County Attorney Sanchez responded to Commissioner Barreiro that any follow-up must be presented at the next scheduled BCC meeting and could not be presented at the meeting where the item was already on the agenda. There being no further questions or comments, the Commission proceeded to vote.

Government Operations Committee	10/12/2010	1F1	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 relinquished the Chair to Commissioner Sosa. Chairwoman Sosa opened the public hearing and called for persons wishing to appear before the Committee in connection with this proposed ordinance. She closed the public hearing after no one appeared. Commissioner Gimenez noted this item was related to an action item that should have come back to the County Commission and was four-day ruled. Hearing no further questions or comments, the Committee proceeded to vote on the foregoing proposed ordinance as presented. Chairman Gimenez resumed the Chair.

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

Board of County Commissioners	7/20/2010	4F	Adopted on first reading		9/14/2010		P
REPORT:	First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. There being no objections or comments, the Board proceeded to vote by roll call. The foregoing proposed ordinance was adopted on first reading and scheduled for public hearing before the Government Operations Committee on Tuesday, September 14, 2010, at 9:30 a.m.

Board of County Commissioners	7/20/2010		Tentatively scheduled for a public hearing	Government Operations Committee	9/14/2010

County Attorney	7/9/2010		Assigned	Gerald K. Sanchez

County Attorney	7/9/2010		Referred	Government Operations Committee	9/14/2010

Legislative Text

TITLE
ORDINANCE AMENDING SECTION 2-1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, RELATING TO RULES OF PROCEDURE OF THE BOARD OF COUNTY COMMISSIONERS; AMENDING RULE 5.05 TO PROVIDE THAT RESOLUTIONS OR MOTIONS DIRECTING MAYOR OR DESIGNEE TO PREPARE AN ITEM FOR CONSIDERATION BY THE COUNTY COMMISSION ARE EXEMPT FROM THE �4-DAY RULE�; 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 2-1 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
CHAPTER 2. ADMINISTRATION

ARTICLE I. IN GENERAL

Sec. 2-1. Rules of procedure of County Commission.

* * *

PART 5. CONDUCT OF MEETINGS; AGENDA

* * *

Rule 5.05. AGENDA.

* * *

(b) Authority to sponsor or present items on agenda.
(1) Matters may be presented or sponsored by any County Commissioner, a commission committee, the County Mayor, the County Attorney and the Clerk of the Commission. The Mayor's authority to sponsor a matter shall be limited to departmental items and shall be non-delegable. The Board will not consider any such recommendation unless such recommendation has been approved in writing by the Mayor. If, however, the Mayor shall be incapacitated for a period in excess of 14 days, his or her authority to sponsor a departmental item shall be vested in the manager until the incapacity is removed. Notwithstanding the foregoing, the Mayor shall recommend directly to the Board the waiver of competitive bidding as provided in Section 5.03(D) of the Charter or quasi-judicial items.
(2) Proposed agenda items not delivered in accordance with subsection (c) hereof, or which have not been considered by any committee, (except for alternates, substitutes, and items not subject to committee review) shall not be placed on the agenda unless the chairperson of the committee which has jurisdiction over the item, if any, and the chairperson of the commission concur in writing.

(c) 4-day rule. A copy of each agenda item shall be furnished to the members of the commission not later than four (4) working days before a vote may be called on the item. The provisions of this rule shall be deemed waived unless asserted by a commissioner before the board takes action on the resolution, ordinance, motion or other item in question. The provisions of the rule may not be waived under Rule 7.01(n); however, this rule is not applicable to special or emergency meetings called pursuant to Rule 3.02, items related to the County's legislative package, resolutions recommending the acceleration and deceleration of Building Better Communities General Obligation Bond Program funding of projects using unspent bond proceeds, including interest earnings and premium funds>>,<< [[and]] items originated by the Department of Procurement Management, including bid awards and bid waivers, which have been forwarded to the commission by committee >>and resolutions or motions directing the Mayor or his or her designee to prepare an item for consideration by the Commission<<.

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 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.