Miami-Dade Legislative Item
File Number: 112432
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File Number: 112432 File Type: Ordinance Status: Public Hearing
Version: 0 Reference: 11-103 Control: County Commission
File Name: PROVIDE NEW BOUNDARIES FOR COMMISSION ELECTION DISTRICTS Introduced: 11/21/2011
Requester: NONE Cost: Final Action:
Agenda Date: 12/19/2011 Agenda Item Number: 5C
Notes: SEE 112657 FOR FINAL VERSION AS ADOPTED. Title: ORDINANCE PROVIDING NEW BOUNDARIES FOR COUNTY COMMISSION ELECTION DISTRICTS; INCORPORATING LEGISLATIVE FINDINGS; REPEALING ORDINANCES 01-192 AND 02-102; PROVIDING SEVERABILITY; INCLUSION IN THE CODE AND EFFECTIVE DATE (ORIGINAL MAP ON FILE WITH THE CLERK OF THE BOARD)
Indexes: BOUNDARIES COMMISSION
  ELECTIONS
Sponsors: Redistricting Committee
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 12/19/2011 5C Amended
REPORT: SEE AGENDA ITEM 5C AMENDED, LEGISLATIVE FILE NUMBER 112657, FOR AMENDED VERSION. . .

Board of County Commissioners 12/6/2011 Tentatively scheduled for a public hearing Board of County Commissioners 12/19/2011

Board of County Commissioners 12/6/2011 4C Adopted on first reading 12/19/2011 P
REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. County Attorney Cuevas advised that Agenda Item 11B1 was related to the foregoing ordinance. Chairman Martinez noted Item 11B1 would remain on the Pull List. In response to Chairman Martinez’ question regarding whether the adoption of this ordinance would include the maps, County Attorney Cuevas clarified that the adoption of this ordinance would be the first step towards approving the maps outlining the district boundaries. Chairman Martinez waived the Board’s rules and procedures to allow Commission members to question the County Attorney on the implications of adopting this proposed ordinance, which the Chair clarified would not include any discussion on the maps. He pointed out that some constitutional amendments were recently made to maps 5 and 6, which some commissioners did not support and were concerned that the adoption of this ordinance would include the maps as well. Commissioner Monestime noted he initially asked that the Board vote separately on this ordinance because he wished to vote “No” on it; however, he would withdraw his request and vote to move this proposal if the consensus of his colleagues was to deny it. Chairman Martinez clarified that approval of this ordinance on first reading would not include approval of the maps or the boundaries. Assistant County Attorney Robert Duvall clarified that approval of this ordinance would approve draft Map No.7, but would not prohibit anyone from making changes to the map at a subsequent public hearing, provided the changes were not radical. In response to Commissioner Diaz’ request that the term “radical” be defined, Mr. Duval noted the changes could not be significant. He also indicated that the District boundaries had not changed significantly, and the lines did not look very different since the last process. Commissioner Diaz expressed concern that at the last meeting, the Board agreed to changes in certain districts which had not yet transpired, and he was uncertain whether those changes were defined as radical or significant. Assistant County Attorney Duvall replied that draft Maps No. 5 and 6 were not significantly different from draft Map No. 7. He also noted the Courts ruled that the District boundaries could not deviate more than 10 percent from the least populated to the most populated area; otherwise, it would be considered a significant change, which he did not believe had occurred. Commissioner Diaz noted he was unable to attend the last meeting and Government in the Sunshine prohibited him from discussing the maps with other commissioners; however, he wanted to ensure the proposed changes were not considered radical and could be discussed at the public hearing. Assistant County Attorney Duvall reiterated that the proposed changes could be discussed and were not considered radical changes to the maps. Hearing no further comments or questions, the foregoing proposed ordinance was adopted on first reading and set for a public hearing before the Board of County Commissioners on Monday, December 19, 2011, at 9:30 a.m.

County Attorney 11/21/2011 Referred

County Attorney 11/21/2011 Assigned Robert A. Duvall

Legislative Text


TITLE
ORDINANCE PROVIDING NEW BOUNDARIES FOR COUNTY COMMISSION ELECTION DISTRICTS; INCORPORATING LEGISLATIVE FINDINGS; REPEALING ORDINANCES 01-192 AND 02-102; PROVIDING SEVERABILITY; INCLUSION IN THE CODE AND EFFECTIVE DATE (ORIGINAL MAP ON FILE WITH THE CLERK OF THE BOARD)

BODY
WHEREAS, the thirteen County Commission election districts were first established by the United States District Court for the Southern District of Florida in Meek v. Metropolitan Dade County, Case No. 86-1820-CIV-DLG, to remedy a violation of Section 2 of the Voting Rights Act of 1965, as amended in 1982, 42 U.S.C.A. 1973; and
WHEREAS, Ordinance 01-192, as amended by Ordinance 02-102, adjusted the boundaries of the thirteen commission election districts in light of the 2000 decennial census data in compliance with the one-person, one-vote requirement of the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution, as well as other legal and traditional redistricting requirements; and
WHEREAS, the most recent federal decennial census population data shows existing districts are malapportioned with a total deviation of almost thirty three percent (33%) between the district with the smallest population and the district with the largest population; and
WHEREAS, the Board of County Commissioners is authorized pursuant to Section 1.03(B) of the Home Rule Charter to change district boundaries from time to time; and

WHEREAS, to insure compliance with all legal and traditional redistricting requirements the Board of County Commissioners enacted Resolution No. 511-04, which set forth criteria and factors to be used in the redistricting process and provided for a Citizens Advisory Board and public workshops; and
WHEREAS, the Board of County Commissioners retained the services of a professional redistricting consultant; and
WHEREAS, numerous public workshops were conducted at various locations throughout the County to inform the public and elicit public comments concerning the redistricting process; and
WHEREAS, the Board of County Commissioners carefully considered the advice of its professional redistricting consultant, as well as the report and recommendations of the Citizen Advisory Board; and
WHEREAS, primary consideration was given to minimizing the total population deviation between districts consistent with traditional redistricting principles, such as compactness, contiguity, communities of interest and incumbency protection; and
WHEREAS, the redistricting plan also affords minority groups protected under Section 2 of the Voting Rights Act of 1965, as amended in 1982, 42 U.S.C.A. 1973, with an equal opportunity to participate in the electoral process and to elect their preferred candidates.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. The foregoing recitations are hereby incorporated as a portion of this ordinance, and they represent legislative findings of the Board of County Commissioners.
Section 2. Ordinances 01-192 and 02-102 are hereby repealed in their entirety.
Section 3. The boundaries of County Commission election districts 1 through 13 are identified on the map attached hereto as Exhibit A and incorporated herein by this reference. These election districts shall be applicable for all purposes relating to the elections of County Commissioners, commencing with the County Commission elections scheduled for August of 2012.
Section 4. 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 5. 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 6. 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.



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