Miami-Dade Legislative Item
File Number: 110139
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File Number: 110139 File Type: Ordinance Status: Amended
Version: 0 Reference: Control: Board of County Commissioners
File Name: RULES OF PROCEDURE - AUTHY TO SPONSOR ITEMS Introduced: 1/20/2011
Requester: NONE Cost: Final Action:
Agenda Date: 4/4/2011 Agenda Item Number: 7A
Notes: SEE 110846 FOR FINAL VERSION AS ADOPTED. RULES OF PROCEDURE Title: ORDINANCE REGARDING RULES OF PROCEDURE OF THE BOARD OF COUNTY COMMISSIONERS; AMENDING SECTION 2-1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, RELATING TO AUTHORITY TO SPONSOR OR PRESENT ITEMS ON COMMISSION AGENDA; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: RULES OF PROCEDURE
Sponsors: Bruno A. Barreiro, Co-Prime Sponsor
  Sen. Javier D. Souto, Co-Prime Sponsor
  Jose "Pepe" Diaz, 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 4/4/2011 7A Amended
REPORT: See Legislative File No: 110846

Internal Mgmt. & Fiscal Responsibility Committee 3/8/2011 1E1 Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Martin Sybblis read the foregoing proposed ordinance into the record. Chairwoman Bell opened the public hearing and called for persons wishing to appear before the Committee in connection with this proposed ordinance. Commissioner Barreiro explained the intent behind the ordinance. He noted that commissioners should present policy items to the Board since they were ultimately responsible for setting policy and other administrative items should be presented by Administration. Commissioner Diaz asked and County Attorney Sybblis confirmed that contractual agreements were presented to the Board through the Administration. Commissioner Diaz asked to be listed as a co-sponsor to this proposed ordinance. Ms. Jennifer Glazer-Moon, Director, Office of Strategic Business Management, noted that some items may exist which a commissioner might not want to sponsor and that a mechanism was needed to place these items on the agenda. She also noted the Rules of Proceedure had a limitation on the number of items that could be sponsored by a commissioner at any particular meeting, and that this provision might need to be waived in the event the number of items exceeded that limitation. Commissioner Diaz suggested that the chairperson of the appropriate committee assume the responsibility of sponsoring those agenda items which otherwise lacked commissioner sponsorship. Commissioner Barreiro concurred that the committe chairperson could sponsor those items; however, noted that an item without a sponsor was not likely to pass and thererfore should not be presented. He said that the item should be sponsored by Administration in the event that the County must proceed due to federal or state requirements. After hearing no one from the public wishing to speak, Chairwoman Bell closed the public hearing. Commissioner Diaz said that he was not comfortable with commissioners sponsoring contractual agreement items and agreed with Commissioner Barreiro that all other items were policy decisions. He noted that these items should be addresed by the committee chairperson along with committee members and that it should be specified that the item was placed on the agenda due to a mandate. Commissioner Gimenez inquired about the types of items which the County Mayor would be able to sponsor or present, as indicated on handwritten page 4, and placed on the agenda without a commissioner’s sponsorship. Ms. Glazer-Moon responded that examples would include: items being written-off and items requiring a settlement where allocations needed to be recaptured, such as in the recent U.S Housing and Urban Development finding on the Community Development Block Grant allocations. She noted that having enough members to pass an item was different than identifying a potential sponsor. Ms. Glazer-Moon said that not every situation could be determined in advance; that this proposal would be a new method of conducting business; and that specific interpretation of non-policy items would be an on-going process. Commissioner Gimenez noted his support for the proposed ordinance. He expressed his desire that in the event that Administration was not supportive of this proposal, specific exceptions be considered by the Board on Second Reading of this ordinance, and noted appropriate amendments could be discussed at that time. Commissioner Gimenez noted this proposal would require the Administration to seek sponsorship of items that they wanted approved, thus bonding the Administration closer to commissioners. Commissioner Jordan agreed with Commissioner Gimenez about the benefit of increased dialogue between the Administration and the Commission. She noted her concern was to avoid delaying critically important time sensitive items because of lack of sponsorship. Commissioner Jordan said that some items may require committee sponsorship rather than commissioner sponsorship because of their nature. She suggested an amendment requiring that the Administration take items which did not receive commissioner sponsorship to the committee chairperson in order to avoid delaying the process. Commissioner Jordan also expressed concern that items be considered based upon the issues and not the individual sponsoring those items. She noted that politics should not interfere with the policy aspect of operations. Assistant County Attorney Gerald Sanchez advised the Committee that the proposed ordinance currently allowed for sponsorship by a county commissioner or a commission committee. Chairwoman Bell noted concern about vote shopping in the event of an inablility to obtain a sponsor. She concurred with Commissioner Jordan over the importance for Board members to consider the issues and not the personality behind the issues. Chairwoman Bell also concurred with Commissioner Gimenez over the potential for this proposal to promote opportunities for the Mayor and the Board to work together and develop mutual solutions. She noted she supported this proposal being forwarded to the Board for a full discussion. There being no further questions or comments, the Committee proceeded to vote on the foregoing ordinance as presented.

Board of County Commissioners 2/1/2011 Tentatively scheduled for a public hearing Internal Mgmt. & Fiscal Responsibility Committee 3/8/2011

Board of County Commissioners 2/1/2011 4A Adopted on first reading 3/8/2011 P
REPORT: The foregoing proposed ordinance was adopted on first reading and scheduled for a public hearing before the Internal Management and Fiscal Responsibility Committee on Tuesday, March 08, 2011, at 2:00 p.m.

County Attorney 1/20/2011 Referred Internal Mgmt. & Fiscal Responsibility Committee 3/8/2011

County Attorney 1/20/2011 Assigned Gerald K. Sanchez

Legislative Text


TITLE
ORDINANCE REGARDING RULES OF PROCEDURE OF THE BOARD OF COUNTY COMMISSIONERS; AMENDING SECTION 2-1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, RELATING TO AUTHORITY TO SPONSOR OR PRESENT ITEMS ON COMMISSION AGENDA; 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 County Commission.

* * *


Rule 5.05. AGENDA.

* * *

(b) AUTHORITY TO SPONSOR OR PRESENT ITEMS ON AGENDA.

(1) >>Anything to the contrary notwithstanding,<< [[M]]>>m<>only<< be presented or sponsored by a[[ny]] county commissioner, a commission committee, [[the county mayor]], the county attorney and the clerk of the commission[[. The mayor’s authority to sponsor a matter shall be limited to departmental items and shall be non-delegable. The Board will not consider any such recommendation unless such recommendation has been approved in writing by the mayor. If, however, the mayor shall be incapacitated for a period in excess of 14 days, his or her authority to sponsor a departmental item shall be vested in the manager until the incapacity is removed. Notwithstanding the foregoing, the]] >>, except that the Mayor shall be able to present or sponsor: (1) reports which do not amend any policy established by the County Commission; (2) mayoral appointments; (3) contract solicitations for the purchase of goods and services; (4) contracts for the purchase of goods and services, and amendments thereto; (5) grant applications, grants and sub-grants; (5) quasi-judicial items; and (6) other matters where the presentation or sponsorship by the Mayor is required by the Home Rule Charter or state or federal law.<< [[Mayor shall recommend directly to the Board the waiver of competitive bidding as provided in Section 5.03 (D) of the Charter or quasi-judicial items.]]

* * *

Rule 5.06. ORDINANCES, RESOLUTIONS, MOTIONS, CONTRACTS.

* * *

(c) [[Introduction and]] >>S<<[[s]]ponsorship. [[Ordinances, resolutions and other matters and subjects requiring action by the Commission must be introduced and sponsored by a member of the commission, except that either the Manager or the County Attorney may present ordinances, resolutions and other matters or subjects to the Commission for consideration, and a]]>>A<>of any ordinance, resolution, report or other matter.<< [[by moving that such ordinance, resolution, matter or subject be adopted in accordance with law; otherwise they shall not be considered.]]

* * *





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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