Miami-Dade Legislative Item
File Number: 101913
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File Number: 101913 File Type: Ordinance Status: Adopted
Version: 0 Reference: 10-54 Control: Board of County Commissioners
File Name: REDUCE VOTING MEMBERSHIP OF THE PHT BOARD OF TRUSTEES Introduced: 7/30/2010
Requester: NONE Cost: Final Action: 9/21/2010
Agenda Date: 9/21/2010 Agenda Item Number: 7C
Notes: 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 [SEE ORIGINAL ITEM UNDER FILE NO. 101188]
Indexes: BOARD MEMBERS
  ORDINANCE AMENDING
  PUBLIC HEALTH TRUST
Sponsors: Joe A. Martinez, Prime Sponsor
  Sally A. Heyman, Co-Sponsor
  Sen. Javier D. Souto, Co-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

Board of County Commissioners 9/21/2010 7C Adopted P
REPORT: County Attorney Cuevas read the foregoing proposed ordinance into the record. Commissioner Martinez pointed out that County Attorney Cuevas read language in the foregoing title, regarding reducing the Public Health Trust (PHT) and removing the PHT Nominating Council, that had been removed in Committee. In response to Commissioner Martinez’ comments, County Attorney Cuevas advised that, although that language was removed in Committee, the title was not changed so the full Board could exercise its prerogative to make amendments. Commissioner Sosa spoke in support of reducing the number of PHT members. Commissioner Seijas expressed opposition to removing the PHT Nominating Council and suggested it be restructured. Commissioner Souto asked to be listed as a co-sponsor to this ordinance. There being no further questions or comments, the Board proceeded to vote.

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

County Attorney 7/30/2010 Assigned Eugene Shy

Health, Public Safety & Intergovernmental Cmte 7/15/2010 1E3 AMENDED Forwarded to BCC with a favorable recommendation with committee amendment(s) P
REPORT: Assistant County Attorney Gerald Sanchez read the foregoing proposed ordinance into the record. Chairwoman Heyman opened the public hearing. Commissioner Joe Martinez, the sponsor, presented the proposed ordinance that would reduce the voting membership of the Public Heath Trust (PHT) Board of Trustees from 17 to 11 and eliminate the nominating council. After hearing no one else wishing to speak before the Committee, Chairwoman Heyman closed the public hearing. Commissioner Sosa stated that she would not support this proposed ordinance today because the County was in the midst of a financial crisis with the PHT/Jackson Health Systems. She noted the Administration was working with the Public Health Trust to develop common solutions to address its current crisis. She expressed concern with reducing the number of members on the PHT Board of Trustees and reducing the level of autonomy for the PHT. It was moved by Commissioner Souto that the Committee forward this proposed ordinance with a favorable recommendation. Chairwoman Heyman seconded this motion. Chairwoman Heyman spoke in support of adherence to directives given by the County Commission to the PHT. She expressed a concern with disruption of the continuity for the PHT. She asked Commissioner Martinez, the sponsor, if he would consider adding language to reflect an implementation date for this proposed ordinance in terms of the reduction in voting members once the existing financial crisis was over for the PHT. A discussion ensued between Commissioner Martinez and Chairwoman Heyman regarding the various proposals that had come forth to address the PHT and its Board of Trustees’ financial crisis. Commissioner Martinez, the sponsor, offered that the foregoing proposed ordinance be amended to remove the proposed language reducing the voting membership of the Board of Trustees of the Public Health Trust; and the proposed language removing the provisions for the Public Health Trust Nominating Council. It was moved by Commissioner Diaz that the foregoing proposed ordinance be forwarded to the Board of County Commissioners (BCC) with a favorable recommendation with Committee amendments to delete the language reducing the voting membership of the Public Health Trust’s Board of Trustees and removing the provision of the Public Health Trust Nominating Council. This motion was seconded by Commissioner Sosa, and upon being put to a vote, passed by a vote of 5-0 (Commissioner Barreiro was absent). The Committee forwarded this proposed ordinance as amended.

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)2 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).
* * *
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 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 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 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 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.

2 The Committee amended the item by eliminating the amendments proposed to Chapter 25A set forth in Sections 1 and 2 regarding the reduction in voting membership and disbanding the Public Health Nominating Council, respectively.



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