Legislative Matter

Miami-Dade Legislative Item
File Number: 110092

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Clerk's Official Copy

File Number: 110092

File Type: Ordinance

Status: Adopted

Version: 0

Reference: 11-09

Control: County Commission

File Name: RULES OF PROCEDURE SIGNATURES FOR SPECIAL MEETING

Introduced: 1/10/2011

Requester: NONE

Cost:

Final Action: 3/1/2011

Agenda Date: 3/1/2011

Agenda Item Number: 7A

Notes:

RULES OF PROCEDURE

Title:

ORDINANCE RELATING TO RULES OF PROCEDURE OF THE BOARD OF COUNTY COMMISSIONERS; AMENDING SECTION 2-1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, REGARDING SIGNATURE REQUIREMENT FOR SPECIAL MEETINGS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

Indexes:

RULES AND REGULATIONS

Sponsors:	Carlos A. Gimenez, Prime Sponsor
	Jose "Pepe" Diaz, Co-Sponsor
	Audrey M. Edmonson, Co-Sponsor
	Sally A. Heyman, 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	3/1/2011	7A	Adopted				P
REPORT:	First Assistant County Attorney Abigail Price-Williams read into the record the title of the foregoing proposed ordinance. Chairman Martinez asked that Commissioner Sosa be listed as a co-sponsor. Hearing no questions or comments from Committee members or the Administration, the Committee proceeded to vote on the foregoing ordinance.

Internal Mgmt. & Fiscal Responsibility Committee	2/8/2011	1E1	Forwarded to BCC with a favorable recommendation				P
REPORT:	Assistant County Attorney Jess McCarty read the foregoing proposed ordinance into the record. Chairwoman Bell opened the public hearing; however, she closed it after hearing no one wishing to speak in connection with this ordinance. Commissioner Gimenez explained the intent of this proposed ordinance was to address the issue of Commissioners signing a memorandum calling for a special meeting of the County Commission, signifying his/her intent to attend the meeting, and then not attending. He noted it was not the intent of the ordinance that a commissioner be excused from the meeting if he/she signed the notice but later did not attend due to due to illness, emergency, or other another reason. Discussion ensued in support of the foregoing ordinance and its non-binding nature. In response to Commissioner Seijas’ question regarding the process for a commissioner who signed the memorandum, but did not attend the meeting, Assistant County Attorney McCarty noted the commissioner should make an effort to notify the Clerk of the Board or the Sergeant at Arms. Commissioners Edmonson and Diaz requested that they be added as co-sponsors to this ordinance. Chairwoman Bell noted she was hopeful that a commissioner who signed the memorandum, but found that he/she was unable to attend would submit a memorandum informing the Commission of his/her absence. She expressed surprise that this had to be put in writing. Commissioner Diaz pointed out, for reference purposes, that no previous policy existed; and, traditionally it was considered a courtesy for commissioners to sign a memorandum calling a special meeting, even if they could not attend. He noted, however, that he agreed a clear process should be in place so that the signatures could not later be misconstrued; therefore, he supported this ordinance. Commissioner Gimenez noted he was told that a commissioner’s signature was valid even if he/she did not state that he/she intended to attend a meeting. He added that this ordinance would give Commission members an idea of whether a quorum would be present in order for the Commission to hold a special meeting. Hearing no further questions or comments, the Committee proceeded to vote on the foregoing proposed ordinance as presented.

Board of County Commissioners	1/20/2011	4E	Adopted on first reading		2/8/2011		P
REPORT:	The foregoing proposed ordinance was adopted on first reading and scheduled for a public hearing before the Internal Management & Fiscal Responsibility Committee on February 8, 2011, at 2:00 p.m.

Board of County Commissioners	1/20/2011		Proposed public hearing date	Internal Mgmt. & Fiscal Responsibility Committee	2/8/2011

County Attorney	1/10/2011		Assigned	Gerald K. Sanchez

County Attorney	1/10/2011		Referred	Internal Mgmt. & Fiscal Responsibility Committee	2/8/2011

Legislative Text

TITLE
ORDINANCE RELATING TO RULES OF PROCEDURE OF THE BOARD OF COUNTY COMMISSIONERS; AMENDING SECTION 2-1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, REGARDING SIGNATURE REQUIREMENT FOR SPECIAL MEETINGS; 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 the County Commission.

* * *

Rule 3.02. SPECIAL MEETINGS; EMERGENCY MEETINGS.

(a) SPECIAL MEETINGS. A special meeting of the Commission may be called by a majority of the members of the commission. Whenever a special meeting is called, a notice in writing signed by such majority shall be served upon the clerk. >>Each signature by a commissioner shall constitute a representation that, at the time of affixing his or her signature to the notice, the commissioner has the present intention to attend the special meeting.<< The clerk shall forthwith serve verbal and written notice upon each member of the commission stating the date, hour and place of the meeting and the purpose for which such meeting is called, and no other business shall be transacted at that meeting. At least twenty-four (24) hours must elapse between the time the clerk receives notice in writing and the time the meeting is to be held. A special meeting of the Board of County Commissioners may be cancelled (1) by resolution or motion adopted at a regular meeting by a majority of the Commission members present or (2) by seven (7) members of the Board of County Commissioners serving notice containing the required seven (7) signatures on the members of the Board of County Commissioners and upon the Clerk who shall provide public notice when a meeting is cancelled. The Commission chambers shall be made available for a special meeting whenever such a meeting is called.

* * *

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.