Legislative Matter

Miami-Dade Legislative Item
File Number: 110133

Clerk's Official Copy

File Number: 110133

File Type: Ordinance

Status: Adopted

Version: 0

Reference: 10-85

Control: Board of County Commissioners

File Name: AMEND RULES OF PROCEDURE REGARDING MAYOR AGENDA ITEMS

Introduced: 1/19/2011

Requester: NONE

Cost:

Final Action: 12/7/2010

Agenda Date: 12/7/2010

Agenda Item Number: 7D

Notes:

THIS IS FINAL VERSION AS AMENDED. ALSO SEE 102463.

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 (SEE ORIGINAL ITEM UNDER FILE NO. 102463)

Indexes:

RULES OF PROCEDURE

Sponsors:	Carlos A. Gimenez, Co-Prime Sponsor
	Rebeca Sosa, Co-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

County Attorney	1/19/2011		Assigned	Geri Bonzon-Keenan

Board of County Commissioners	12/7/2010	7D Amended	Adopted as amended				P
REPORT:	First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. It was moved by Commissioner Gimenez that the foregoing proposed ordinance be adopted. This motion was seconded by Commissioner Sosa. Commissioner Seijas noted she could not support this proposed ordinance as she believed it would delay items from being placed on the agenda and stated that the intent of this proposal could be accomplished without putting it in the form of an ordinance. Commissioner Diaz concurred with Commissioner Seijas, noting the Chairman of the Board should make decisions on items being placed on the agenda, and said he did not believe this ordinance was necessary although he understood the intent. Commissioner Sosa said that she previously sponsored similar legislation to provide that the Commission Auditor would be responsible for pulling items. She noted the parking fees in parks generated her initial proposal. Commissioner Sosa emphasized the importance of the fiscal analysis and impact accompanying each item that came before the County Commission and commented on the importance of establishing a mechanism to provide that items without the fiscal analysis and impact would not be considered by the Commission, except for emergency or time-sensitive items, as determined by the Mayor, and may be placed on the agenda if they included an explanation as to why the fiscal information was not provided. Commissioner Sosa said she would not vote for items without the fiscal impact information. Commissioner Gimenez noted he would amend this proposed ordinance to require that the Commission Auditor flag items for the required fiscal information and that the Commission Chairman determine whether to place items without the required information on the agenda. Chairman Moss agreed with the Commission Auditor flagging items but noted he believed the Chairman should be responsible for pulling items. He noted he did not want the Commission Auditor to be in a position of delaying items. In response to Commissioner Sosa’s inquiry, First Assistant County Attorney Abigail Price-Williams noted Commissioner Gimenez’ amendment to this proposed ordinance was similar to Commissioner Sosa’s pending item. Commissioner Gimenez said his intention was to ensure information requested by commissioners was provided, and he would amend his proposed ordinance to reflect Commissioner Sosa’s item. Commissioners Sosa and Edmonson requested to be added as co-sponsors to the foregoing ordinance as amended by Commissioner Gimenez. Commissioner Barreiro noted several years ago, he sponsored an item requiring that all items be sponsored by a commissioner. Assistant County Attorney Gerri Bonzon-Keenan restated the proposed amendment would 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. There being no further questions or comments, the County Commission proceeded to vote on the foregoing proposed ordinance as amended. Commissioner Seijas requested a moment of personal privilege. She noted parking fees for four parks in the south end of the County were eliminated while the remainder of County parks, including Amelia Earhart, were still charging fees.

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. >>The Commission Auditor shall advise the Chairperson of any agenda item sponsored by the Mayor not in compliance with the provisions of Resolution No. R-530-10 prior to the Chairperson�s assignment of such item to a committee or commission agenda. The Chairperson may determine, in his or her sole discretion, whether to place any item which is identified by the Commissioner Auditor as non-compliant, on any committee or commission agenda.<< 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.