Miami-Dade Legislative Item
File Number: 102463
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File Number: 102463 File Type: Ordinance Status: In Committee
Version: 0 Reference: Control: Board of County Commissioners
File Name: AMEND RULES OF PROCEDURE REGARDING MAYOR AGENDA ITEMS Introduced: 10/12/2010
Requester: NONE Cost: Final Action:
Agenda Date: 12/7/2010 Agenda Item Number: 7D
Notes: SEE 110133 FOR FINAL VERSION AS ADOPTED. RULES OF PROCEDURE Title: ORDINANCE RELATING TO THE RULES OF PROCEDURE OF THE BOARD OF COUNTY COMMISSIONERS; AMENDING SECTION 2-1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, REGARDING PLACEMENT OF AGENDA ITEMS SPONSORED BY COUNTY MAYOR UPON INCLUSION OF INFORMATION REQUIRED BY RESOLUTION NO. R-530-10; AND PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: AGENDA ITEMS
  RULES OF PROCEDURE
Sponsors: Carlos A. Gimenez, Prime Sponsor
  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 12/7/2010 7D Amended
REPORT: It was moved by Commissioner Gimenez that the foregoing proposed ordinance be adopted as amended to provide that the Commission Auditor shall identify for the Chairperson any agenda item sponsored by the Mayor not in compliance with the provisions of Resolution No. R-530-10 as determined by the Commission Auditor prior to the Chairperson’s assignment of such item to a committee or commission agenda. The Chairperson shall then determine whether to place such item on the appropriate agenda. This motion was seconded by Commissioner Sosa, and upon being put to a vote, passed by a vote of 12-0; (Commissioner Heyman was absent). The foregoing ordinance has been assigned 10-85.

Government Operations Committee 11/9/2010 1E1 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. Commissioner Sosa, Acting Chair, opened the public hearing and called for persons wishing to be heard in connection with this ordinance. Seeing no one wishing to be heard, she closed the public hearing. Commissioner Gimenez noted the intent of this ordinance was to prevent any Administration-sponsored item(s) from being placed on the Board County Commissioners’ agenda or its Commission Committee agendas without a financial impact statement or analysis pursuant to Resolution #R-530-10. He explained that the only exception would be in the event of an emergency, which would require an explanation for the emergency and the lack of a financial statement/analysis. Commissioner Gimenez also clarified that this proposed ordinance authorized the Commission Auditor (CA) to determine if the item contained the appropriate information; and that Commission-sponsored items were excluded from the provisions of this ordinance. Commissioner Diaz questioned how soon an item could be placed on an agenda once the financial statement/analysis was provided. He noted he supported this ordinance, but he did not want it to be used as leverage to stop an administrative item from moving forward. Commissioner Gimenez noted this ordinance would not stop an Administration-sponsored item from moving forward, but it would prevent the Administration from placing such items on an agenda without the appropriate information. Commissioner Sosa pointed out that this proposed ordinance was different than the ordinance she sponsored on fiscal information in that it was broader. Commissioner Martinez clarified that the item proposed by Commissioner Sosa was not withdrawn, but was deferred for her to modify (tweak) it. Commissioner Sosa concurred and noted that after hearing her colleagues’ concerns, she decided she would bring back an item that would specifically give the Chair the ability to pull items from an agenda that lacked fiscal information. She noted her proposal would compliment this proposed ordinance. Hearing no further comments or questions, the Committee proceeded to vote. Commissioner Gimenez resumed the Chair and called for the next agenda item to be considered.

Board of County Commissioners 10/19/2010 Tentatively scheduled for a public hearing Government Operations Committee 11/9/2010

Board of County Commissioners 10/19/2010 4D Adopted on first reading 11/9/2010 P
REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. The foregoing ordinance was adopted on first reading and scheduled for a public hearing before the Government Operations Committee on November 9, 2010 at 9:30 AM.

County Attorney 10/12/2010 Referred Government Operations Committee 11/9/2010

County Attorney 10/12/2010 Assigned Geri Bonzon-Keenan 10/12/2010

Legislative Text


TITLE
ORDINANCE RELATING TO THE RULES OF PROCEDURE OF THE BOARD OF COUNTY COMMISSIONERS; AMENDING SECTION 2-1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, REGARDING PLACEMENT OF AGENDA ITEMS SPONSORED BY COUNTY MAYOR UPON INCLUSION OF INFORMATION REQUIRED BY RESOLUTION NO. R-530-10; AND PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
NOW, THEREFORE, 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
Sec. 2-1. RULES OF PROCEDURE OF COUNTY COMMISSION
* * *

PART 4. COMMITTEES

Rule 4.01. COMMITTEES.

* * *

(f) COMMITTEE AND COMMISSION AGENDAS. Administrative deadlines for printing the committee and commission agendas shall be established by the county [[manager]] >>Mayor<< and the county attorney that are sufficient to allow for timely printing of the committee and commission agendas. The commission chairperson, in consultation with the county attorney and county [[manager]] >>Mayor<<, shall assign all resolutions, ordinances for second reading, reports and other prospective agenda items received by the applicable administrative deadline to the appropriate committee agenda for consideration as required by these rules. Following any required committee consideration, the commission chairperson, in consultation with the county attorney and the county [[manager]] >>Mayor<<, shall place items on the appropriate commission agenda, as permitted by these rules. >>Any agenda item sponsored by the Mayor not in compliance with the provisions of Resolution No. R-530-10 as determined by the Commission Auditor shall not be placed on any committee or commission agenda until all required information has been included in the item. By exception, an emergency or time-sensitive matter, as determined by the Mayor, may be placed on any committee or commission agenda if the agenda item includes an explanation as to why the requisite information has not been provided.<< A duly authorized designee of the county [[manager]] >>Mayor<<, the county attorney, [[or]] the chairperson >>or the Commission Auditor<< may carry out the duties assigned to these persons pursuant to this paragraph.

* * *

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.



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