Miami-Dade Legislative Item
File Number: 102256
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File Number: 102256 File Type: Ordinance Status: In Committee
Version: 0 Reference: Control: Housing & Community Development Committee
File Name: COUNTY BOARDS RE MDX AUTHORITY Introduced: 9/17/2010
Requester: NONE Cost: Final Action:
Agenda Date: Agenda Item Number: 7
Notes: NOTE TO CAO: Item in Commissioner's Folder. Title: ORDINANCE RELATING TO COUNTY BOARDS; AMENDING SECTION 2-11.38 OF THE CODE OF MIAMI-DADE COUNTY TO PROVIDE THAT CERTAIN PROHIBITIONS THEREIN SHALL NOT APPLY TO PERSONS WHO SERVE ON THE MIAMI-DADE COUNTY EXPRESSWAY AUTHORITY WHICH IS DESIGNATED AS A STATE AGENCY BY FLORIDA LAW; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 100917]
Indexes: BOARD MEMBERS
  EXPRESSWAY AUTHORITY
  ORDINANCE RELATING
Sponsors: Sally A. Heyman, 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

Housing & Community Development Committee 10/13/2010 1F1 Substitute Motion to forward to BCC with a favorable recommendation died due to the lack of a second
REPORT: Assistant County Attorney Terrence Smith read the foregoing proposed ordinance into the record. Chairwoman Edmonson opened the public hearing and called for persons wishing to be heard. The following individual(s) appeared: Former Congressman Lawrence Smith, attorney representing the Miami-Dade Expressway Authority (MDX), appeared before the Committee and provided a brief overview of the intent of the foregoing resolution. He advised that, although Florida Law designated any expressway authority created in the State of Florida a state agency, County Attorney Robert Cuevas indicated he believed that pursuant to the existing ordinance, the MDX was also a County Board. Mr. Smith pointed out that the County no longer provided funding, staffing, or support for the MDX; however, a significant joint working relationship existed between the two entities. Mr. Smith reiterated that the MDX members believed the Authority was a State board rather than a County Board and thus should not be defined as a County Board or subject to the provisions of the ordinance. Mr. Smith asked that this ordinance be amended to exempt the MDX from the restrictions and prohibitions contained therein. Seeing no other persons wishing to be heard, Chairwoman Edmonson closed the public hearing. Discussion ensued between Commissioner Martinez and Assistant County Attorney Cynthia Johnson-Stacks regarding the MDX and its 13-member board consisting of five (5) governor appointments, seven (7) County appointments, and one ex-officio member. Commissioner Martinez stated although the State created the MDX, the County maintained a lot of control over it and appointed the greatest number of its members. He expressed opposition to the foregoing proposed ordinance and advised that if this was a State board, this request should be presented to the State for approval, rather than the County. In response to Commissioner Jordan’s request for clarification, Assistant County Attorney Johnson-Stacks noted that Section 2-11.38 of the County Code contained general provisions relating to County Advisory Boards; that a County Advisory Board was currently defined in the Code as any Board created or funded in whole or in part by the County Commission and is in existence for more than one years. She advised that any board fitting within that category was subject to certain restrictions, prohibitions, and requirements that pertained to that board. Ms. Johnson-Stacks stated this item, as proposed, would exempt the MDX members from two of those requirements: 1) That no member of any County Board shall become a candidate for elective political office during his or her term; and 2) that no person shall serve on more than two County Boards simultaneously, unless the Commission has, by unanimous vote, approved the appointment after having been advised of all of the County Boards. She clarified that no member of a County Board could qualify for office as the code is currently written; and if this ordinance was adopted, Section 2-11.38 of the Code would not be trigged by virtue of an individual’s membership on the MDX because it would not count as a County Board. In essence, Ms. Johnson-Stacks noted, the MDX members would be allowed to serve on more that two County Boards, if this ordinance was adopted. Commissioner Jordan noted her primary concern was with the language that states, “…In whole or in part,,,” and that although the MDX might have been a Board designated by the State in part, it was also considered to be a County Board because of the County’s role. Ms. Johnson-Stacks concurred with Commissioner Jordan, noting Mr. Smith was correct in that the County Attorney’s Office had opined that they deemed the MDX to be a County Board and recognized its designation as a State Agency, pursuant to Florida Law. Chairwoman Edmonson noted she agreed with Commissioner Martinez’ comment that, if the MDX was a State Board, this proposal should be presented to the State for approval. Commissioner Sorenson spoke in support of this proposed ordinance. She noted she would prefer to deal with this issue at the County level and avoid giving the State any further power over MDX than it already had. She questioned whether any public purpose would be violated by allowing people to serve on the MDX and another board or run for office. Commissioner Jordan noted she did not support this ordinance. She expressed concern that this ordinance would waive provisions for the MDX members (a single County board) and allow them to serve on multiple Boards and/or run for office, which would be inconsistent with the provisions governing other County Boards. Commissioner Sorenson noted she would not object to extending the provisions in this ordinance to all County Boards. Hearing no other questions or comments, it was moved by Commissioner Sorenson that the foregoing proposed ordinance be forwarded to the BCC with a favorable recommendation. The motion died on the table due to lack of a second.

County Attorney 10/1/2010 Referred Housing & Community Development Committee 10/13/2010

County Attorney 10/1/2010 Assigned Cynthia Johnson-Stacks

Legislative Text


TITLE
ORDINANCE RELATING TO COUNTY BOARDS; AMENDING SECTION 2-11.38 OF THE CODE OF MIAMI-DADE COUNTY TO PROVIDE THAT CERTAIN PROHIBITIONS THEREIN SHALL NOT APPLY TO PERSONS WHO SERVE ON THE MIAMI-DADE COUNTY EXPRESSWAY AUTHORITY WHICH IS DESIGNATED AS A STATE AGENCY BY FLORIDA LAW; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, Section 2-11.36.1 of the Code of Miami-Dade County defines the term “County Boards” broadly, so that a public entity that is designated as a state agency by Florida law would be included in the definition of a County Board; and1
WHEREAS, Florida Statute Section 348.0003 provides that “any county…may… form an expressway authority, which shall be an agency of the state, pursuant to the Florida Expressway Authority Act”; and
WHEREAS, the Miami-Dade County Expressway Authority, which was created pursuant to Section 2-128 et seq., as amended, is an agency of the state pursuant to Florida law and is a County Board, pursuant to the Code of Miami-Dade County, Florida; and
WHEREAS, members of the Miami-Dade County Expressway Authority, which is an entity designated as a state agency by the Florida Legislature, should not be subject to certain provisions of Section 2-11.38 of the Code of Miami-Dade County,


NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 2-11.38 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:2
Sec. 2-11.36.1. Definition of board.

(a) The term "board" is defined to include every agency, authority, advisory board, regulatory board, quasijudicial board, semiautonomous instrumentality, committee, task force or any other citizens' group created and funded in whole or in part by the Board of County Commissioners. The foregoing notwithstanding, this article shall not apply to citizen groups created for specific advisory purposes where such group's existence is limited to a period of less than one (1) year. Except as otherwise provided, "County boards" and "citizens' advisory groups" may only be created by action of the County Commission, and only the County Commission, as a body, may appoint the members of the such boards and groups.

(b) Notwithstanding the provisions of subsection (a) hereof, no board, committee, task force, or other citizens' group created by a County Commissioner for the purpose of advising him or her with regard to issues solely within his or her district shall be deemed a County "board" as that term is defined herein. Such a "district board" shall, however, be governed by Florida's "Government in the Sunshine Law," Section 286.011, Florida Statutes, and the County's and Florida's Code of Ethics Laws, Section 2-11.1 of the Code of Miami-Dade County and Chapter 112, III, Florida Statutes, as those laws may be amended from time to time.

* * *

Sec. 2-11.38. Membership on boards.

All members of County boards shall be permanent residents and electors of Miami-Dade County unless the Board of County Commissioners, by a two-thirds vote of its membership, waives this requirement, and should have reputations for integrity and community service. In addition, all board members should have demonstrated an interest in the field, activity or sphere covered by the board. Each board shall include at least one (1) person whose livelihood does not depend on the area regulated, administered or dealt with by the board.
Unless the Board of County Commissioners by two-thirds (2/3) vote of its membership waives the residency requirement, any member of County boards who ceases to be a resident of Miami-Dade County during the term of his or her office shall immediately advise the Clerk of the Board of County Commissioners. Upon being advised by the Clerk of such circumstances, the Board of County Commissioners shall declare the position to be vacant and shall promptly fill the same pursuant to the provisions of section 2-11.38.1.
The primary consideration in appointing board members shall be to provide the board with the needed technical, professional, financial, business or administrative expertise. The membership of each board should be representative of the community at large and should reflect the gender, racial, ethnic and cultural make-up of the community.
No person shall be eligible to serve on a County board if, at the time of appointment to the County board, the person has filed a lawsuit against the County that is pending at the time of appointment and that challenges a policy set by the Board of County Commissioners, unless the Board of County Commissioners by two-thirds (2/3) vote of its membership waives this requirement. No person sitting on a County board may file a lawsuit against the County that challenges a policy set by the Board of County Commissioners without relinquishing his or her seat on the County board unless the Board of County Commissioners by two-thirds (2/3) vote of its membership waives this requirement.
No member of any County board shall become a candidate for elective political office during his or her term. Should any member of a County board qualify as a candidate for elective political office, such qualification shall be deemed a tender of resignation from such board. No person shall serve on more than two (2) County boards simultaneously, unless the Commission has by unanimous vote approved the appointment after being advised of all other County board(s) upon which the person sits, provided, however, a person serving on any one of the following boards shall not serve on any other County board simultaneously except as provided by ordinance: Community Council; Community Zoning Appeals Board; Planning Advisory Board; Citizens' Independent Transportation Trust; Housing Finance Authority; Independent Review Panel; Industrial Development Authority; Health Facilities Authority; Educational Facilities Authority; Commission on Ethics and Public Trust; Environmental Quality Control Board; The Children's Trust; and the Public Health Trust. Notwithstanding the foregoing, a person is prohibited from serving on a County board where such service would violate federal or state law, the Miami-Dade County Home Rule Charter or county ordinance.
Any Commissioner who has nominated a citizen to a County board as that term is defined in section 2-11.36 of the Code of Miami-Dade County may at any time, with or without cause, request the Board of County Commissioners to remove said board member from his or her position on a County board and recommend a different person to fill the position.
>>Notwithstanding any of the foregoing:

1. None of the provisions of this section prohibiting a County Board member from becoming a candidate for elective political office while serving on a County Board shall apply to members of the Miami-Dade County Expressway Authority, and

2. None of the provisions of this section prohibiting a County Board member from serving on more than two County Boards simultaneously shall be applicable to persons because of their membership on the Miami-Dade County Expressway Authority.<<


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 The changes in the substitute, which are generally described in the attached memorandum, include numerous other stylistic changes, which if shown in as double-underlined and double-overstricken would hinder the readability of the substitute and would thus be impractical.

2 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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