Legislative Matter

Miami-Dade Legislative Item
File Number: 111243

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Clerk's Official Copy

File Number: 111243

File Type: Ordinance

Status: Adopted

Version: 0

Reference: 11-63

Control: Board of County Commissioners

File Name: AMEND CH25A FINANCIAL RECOVERY BOARD

Introduced: 6/2/2011

Requester: NONE

Cost:

Final Action: 8/2/2011

Agenda Date: 8/2/2011

Agenda Item Number: 7G

Notes:

SEE SUPP FOR FISCAL IN LEG# 111518

Title:

ORDINANCE AMENDING CHAPTER 25A OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING THE FINANCIAL RECOVERY BOARD SHALL RECOMMEND TO THE COUNTY COMMISSION PROPOSED LABOR AGREEMENTS NEGOTIATED WITH LABOR ORGANIZATIONS REPRESENTING TRUST EMPLOYEES; PROVIDING COMMISSION MAY APPROVE OR TAKE OTHER ACTION REGARDING THE PROPOSED AGREEMENT BY A MAJORITY VOTE, EXCEPT THAT THE COMMISSION MAY ONLY DISAPPROVE OR AMEND THE PROPOSED AGREEMENT BY A TWO THIRDS (2/3) VOTE OF THOSE COMMISSIONERS THEN IN OFFICE; AND PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

Indexes:	CHAPTER 25

	FINANCIAL RECOVERY BOARD

Sponsors:

Joe A. Martinez, 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

Board of County Commissioners	8/2/2011	7G	Adopted				P

Public Safety & Healthcare Admin Cmte	7/12/2011	1F2	Forwarded to BCC with a favorable recommendation				P
REPORT:	Assistant County Attorney Gerald Sanchez read the foregoing proposed ordinance into the record. Chairman Diaz opened the public hearing, and the following persons appeared before the Committee: Ms. Marther Baker, President, Service Employees International Union (SEIU) Local 1991, spoke in opposition to this proposal. She noted the requirement for a 2/3 County Commission majority to override a Financial Recovery Board decision was unnecessary. She pointed out that the County would be discriminating against the employee unions at Jackson Memorial Hospital (JMH). Ms. Baker clarified that no other County union would require a 2/3 majority vote from the County Commission to override the collective bargaining agreement. Chairman Martinez, Board of County Commissioners, noted the County Commission would not abdicate its responsibility by approving the requirement for a 2/3 majority. He clarified that the County Commission would still have the final word in all issues at JMH. He noted the labor unions thought dealing with the County Commission was easier than dealing with the FRB. Chairman Diaz closed the public hearing after no other persons appeared wishing to speak. Commissioner Heyman noted that the oath of office for County Commissioner did not indicate that requiring a 2/3 majority vote by the County Commission to approve an item was abdicating the responsibility of the office. She pointed out that the FRB would not evaluate each decision differently if the 2/3 requirement was adopted. She pointed out that the County Commission could change the requirement for a 2/3 majority back to a simple majority if it proved to be problematic. In response to Commissioner Heyman’s inquiry regarding this proposed ordinance applying to all employee labor unions at JMH, Assistant County Attorney Eugene Shy advised that this proposed ordinance would apply to all employee labor unions at JMH. Responding to Commissioner Heyman’s question regarding the 2/3 majority vote applying to all FRB decisions, Assistant County Attorney Shy advised that a 2/3 majority vote by the County Commission was required to override any decision made by the FRB. Commissioner Jordan expressed concern that Chairman Martinez’s comments regarding the labor unions indicated the County Commission could not be trusted to make the right decision for the county. She expressed concern that the County Commission would trust the FRB more than itself to do what was right with the 2/3 majority requirement. She clarified that the other legislative items that required a 2/3 majority were items regarding certain issues, as opposed to decisions made by another board. Commissioner Jordan pointed out that this proposed ordinance discriminated against the two labor unions at JMH. She explained that the County Commission was not required to override the County Mayor’s recommended collective bargaining agreement with the other labor unions with a 2/3 majority vote. Hearing no other questions or comments, the Committee proceeded to vote.

Board of County Commissioners	6/21/2011	4D	Adopted on first reading		7/12/2011		P
REPORT:	The foregoing proposed ordinance was adopted on first reading and scheduled for public hearing before the Public Safety and Healthcare Administration Committee on Tuesday, July 12, 2011 at 9:30 A.M.

Board of County Commissioners	6/21/2011		Tentatively scheduled for a public hearing	Public Safety & Healthcare Admin Cmte	7/12/2011

Board of County Commissioners	6/7/2011	14A1	4 Day Rule Invoked
REPORT:	Commissioner Heyman invoked the Four-Day rule on this proposed ordinance submitted for first reading.

Board of County Commissioners	6/7/2011		Tentatively scheduled for a public hearing	Public Safety & Healthcare Admin Cmte	7/12/2011

County Attorney	6/2/2011		Assigned	Valda Clark Christian

County Attorney	6/2/2011		Referred	Public Safety & Healthcare Admin Cmte	7/12/2011

County Manager	6/2/2011		Additions		6/7/2011

Legislative Text

TITLE
ORDINANCE AMENDING CHAPTER 25A OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING THE FINANCIAL RECOVERY BOARD SHALL RECOMMEND TO THE COUNTY COMMISSION PROPOSED LABOR AGREEMENTS NEGOTIATED WITH LABOR ORGANIZATIONS REPRESENTING TRUST EMPLOYEES; PROVIDING COMMISSION MAY APPROVE OR TAKE OTHER ACTION REGARDING THE PROPOSED AGREEMENT BY A MAJORITY VOTE, EXCEPT THAT THE COMMISSION MAY ONLY DISAPPROVE OR AMEND THE PROPOSED AGREEMENT BY A TWO THIRDS (2/3) VOTE OF THOSE COMMISSIONERS THEN IN OFFICE; AND 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 25A-9 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Sec. 25A-9. Financial Sustainability.

* * *

(c) Assistive measures. Upon notification by the Trust or another party that one or more of the conditions in Subsection (a) have occurred or likely will occur, the Commission shall determine whether the Trust needs assistance to resolve or prevent the condition. If assistance is needed, the Commission may implement assistive measures which may include any one, or any combination of, the following:

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(5) Financial Recovery Board. The Commission may establish a Financial Recovery Board (�Recovery Board�). The County Commission�s determination to establish a Recovery Board shall be by adoption of a resolution setting forth the time period such Board shall be in existence and the types of Board action which may be vetoed by the Commission and the timetables and procedures for exercise of such veto authority. Actions of the Recovery Board subject to Commission veto shall be filed by the Recovery Board with the Clerk of the County Commission, who shall place same on the next regularly scheduled County Commission agenda for County Commission consideration without the requirement for committee review. Such actions of the Recovery Board shall become effective upon the adjournment of the next regularly scheduled County Commission meeting unless vetoed by a majority vote of the County Commission at such meeting. A County Commission veto of any action taken by the Recovery Board shall be final and determinative.

Notwithstanding any provision of the Code to the contrary, the Recovery Board shall be authorized and empowered to serve as the governing body of the Trust effective upon appointment of at least four (4) members and subject to Commission veto authority all as provided herein. The Mayor and the County Attorney shall provide support to the Recovery Board.

During the tenure of the Recovery Board, the governance powers of the currently sitting Trust Board of Trustees shall cease and the currently sitting Board of Trustees shall be dissolved and shall no longer serve as the governing body of the Trust. The terms of all currently sitting voting members of the Board of Trustees and ex-officio members shall automatically expire upon appointment of 4 members of the Recovery Board.

During the tenure of the Recovery Board, the provision of Sections 25A-3(d) [Appointment and removal of Trustees], and 25A-3(e), [Tenure of Trustees], herein shall not apply. The Application of Sections 25A-3(d), and 25A-3(e), herein shall commence on the conclusion of the tenure of the Recovery Board. The Nominating Council set forth in Section 25A-3(d), herein shall convene in accordance with such section not less than one hundred twenty (120) days prior to the conclusion of the tenure of the Recovery Board, for the purpose of selecting the voting members required by Section 25A-3(b), [Qualifications], herein.

(i) Powers and duties. The Recovery Board shall hold regular meetings and record such meetings in accordance with the requirement for the Board of Trustees as described in Section 25A-3(f), [Organization, powers and duties of the Board of Trustees], herein. Except as specifically provided in Section 25A-9(c), [Assistive measures], herein, during its tenure, the Recovery Board shall have all of the powers, duties and responsibilities customarily vested in the Board of Trustees of the Trust and as provided for in Chapter 25A of the Code, except that those powers and duties shall be limited by the Commission�s veto authority as provided herein.

The Recovery Board shall exercise supervisory control over the operation, maintenance, and governance of all designated facilities and of all functions and activities taking place in connection with the operation of designated facilities and shall be authorized to exercise such powers as provided for in Section 25A-4, [Powers and duties of the Trust], herein, except as modified hereinafter:

* * *

(E) Personnel. Any personnel actions or policies taken or issued by the Recovery Board shall not be inconsistent with any applicable collective bargaining agreements, as amended. The Recovery Board shall recommend to the Commission policies for labor management and the negotiations of labor agreements with organizations representing Trust employees. >>Additionally, the Recovery Board shall recommend to the Commission proposed labor agreements negotiated with labor organizations representing Trust employees. Notwithstanding any other provision of Chapter 25A, the Commission may approve or take other action regarding the proposed agreement by a majority vote, except that the Commission may only disapprove or amend the proposed agreement by a two thirds (2/3) vote of those Commissioners then in office.<<

* * *

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 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.