Miami-Dade Legislative Item
File Number: 120385
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File Number: 120385 File Type: Ordinance Status: In Committee
Version: 0 Reference: Control: Board of County Commissioners
File Name: CREATE MILITARY AFFAIRS BOARD Introduced: 2/28/2012
Requester: NONE Cost: Final Action:
Agenda Date: 5/15/2012 Agenda Item Number: 5A
Notes: SEE 121007 FOR FINAL VERSION AS ADOPTED. CREATE BOARD 6WKS & MAYOR MEMO Title: ORDINANCE AMENDING CODE OF MIAMI-DADE COUNTY, FLORIDA, RELATING TO MILITARY AFFAIRS; CREATING MIAMI-DADE COUNTY MILITARY AFFAIRS BOARD; PROVIDING FOR POWERS AND DUTIES, COMPOSITION AND APPOINTMENT OF BOARD, QUALIFICATIONS, ORGANIZATION, FINANCIAL SUPPORT, STAFF AND COUNSEL; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: MILITARY
Sponsors: Jose "Pepe" Diaz, Co-Prime Sponsor
  Lynda Bell, Co-Prime Sponsor
  Joe A. Martinez, Co-Prime Sponsor
  Dennis C. Moss, Co-Prime Sponsor
  Bruno A. Barreiro, Co-Sponsor
  Esteban L. Bovo, Jr., Co-Sponsor
  Audrey M. Edmonson, Co-Sponsor
  Sally A. Heyman, Co-Sponsor
  Barbara J. Jordan, Co-Sponsor
  Jean Monestime, Co-Sponsor
  Rebeca Sosa, Co-Sponsor
  Sen. Javier D. Souto, Co-Sponsor
  Xavier L. Suarez, 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 5/15/2012 5A Amended
REPORT: (See Agenda Item 5A Amended; Legislative File No. 121007 for the amended version.)

Board of County Commissioners 5/1/2012 Public hearing and Second Reading Rescheduled 5/15/2012

Board of County Commissioners 3/6/2012 Tentatively scheduled for a public hearing Public Safety & Healthcare Admin Cmte 5/8/2012

Board of County Commissioners 3/6/2012 4E Adopted on first reading 5/15/2012 P
REPORT: The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Public Safety and Healthcare Administration Committee on Tuesday, May 8, 2012 at 9:30 a.m. (NOTE: During the May 1, 2012 County Commission meeting, Chairman Martinez noted he would submit a memorandum waiving Committee review on this proposed ordinance; whereupon, it was moved by Commissioner Diaz that the Board rescheduled the public hearing and second reading on this ordinance before the County Commission on May 15, 2012 at 9:30 a.m. This motion was seconded by Commissioner Jordan, and upon being put to a vote, passed by a vote of 8-4 (Commissioners Bell, Heyman, Moss, and Sosa voted "No"; Comissioner Monestime was absent).

County Attorney 2/28/2012 Referred Public Safety & Healthcare Admin Cmte 5/8/2012

County Attorney 2/28/2012 Assigned Gerald K. Sanchez

Legislative Text


TITLE
ORDINANCE AMENDING CODE OF MIAMI-DADE COUNTY, FLORIDA, RELATING TO MILITARY AFFAIRS; CREATING MIAMI-DADE COUNTY MILITARY AFFAIRS BOARD; PROVIDING FOR POWERS AND DUTIES, COMPOSITION AND APPOINTMENT OF BOARD, QUALIFICATIONS, ORGANIZATION, FINANCIAL SUPPORT, STAFF AND COUNSEL; 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. Chapter 2, Article CXXXX, of the Code of Miami-Dade County, Florida, is hereby created to read as follows:1
>>Sec 2-2101. Creation of Military Affairs Board.

There is hereby created and established pursuant to the MiamiDade County Home Rule Charter, as amended, the MiamiDade County Military Affairs Board (hereinafter the “Board”).

Sec. 2-2102. Powers and Duties of Board.

The Board shall have the following powers and duties:

(a) Provide the Board of County Commissioners with recommendations regarding military affairs in Miami-Dade County involving the Marine Corps, Army, Navy, Air Force, National Guard and Coast Guard (collectively “Armed Forces”) and active, reserve, retired, disabled and deceased military personnel in Miami-Dade County (collectively “military personnel”); and

(b) Promote measures to enhance the quality of life for active, reserve, retired and disabled military personnel and their families, and families of deceased military personnel in Miami-Dade County; and

(c) Advocate on behalf of military personnel in Miami-Dade County regarding, among other matters: health care; housing; housing and business loans; pension benefits; education; employment; incarceration; reintegration; unemployment benefits; disability claims; vocational training; and insurance; and

(d) Administer the medal of valor program created by Ordinance No. 10-29; and

(e) Take steps to increase awareness and support for our military personnel from Miami-Dade County who are serving in the Armed Forces around the world; and

(f) Interface with local Reserve Officer Training Corps (“ROTC”) programs at both the high school and collegiate levels; and

(g) Solicit input from and maintain a strong relationship with the United States Department of Defense, Department of Homeland Security, Department of Veterans Affairs, the Red Cross and any other entity which interacts with the Armed Forces regarding military affairs or military personnel regarding, among other things, military affairs impacting Miami-Dade County, military personnel in Miami-Dade County and ROTC; and

(h) Coordinate Miami-Dade County’s activities regarding Veteran’s Day, Memorial Day and the 4th of July; and

(i) Promote, attract and solicit military activities in MiamiDade County from throughout the United States and within Miami-Dade County to the greatest extent feasible and strive to generate and further community support for the United States Armed Forces in the United States and abroad; and

(j) Form an independent 501(c)(3) corporation, approved by the Board of County Commissioners, which will raise private funds to assist military personnel and perform the other functions provided for herein; and

(k) To submit annually to the Board of County Commissioners a report summarizing and evaluating all programs and activities undertaken by the Board during the previous fiscal year; and

(l) Accept gifts of money or services for the public purposes provided for in this Ordinance; and

(m) Cooperate with any federal, state, county, or municipal government, agency or instrumentality

Sect. 2-2103. Governing Board.

(a) Composition and appointment. The Military Affairs Board shall consist of twenty-four (24) voting members appointed as follows:

(1) Each member of the Board of County Commissioners shall designate one (1) member who shall be approved by the County Commission; and

(2) The Chairperson of the County Commission shall appoint one (1) member of the County Commission who shall be the Military Liaison of the County Commission; and

(3) The Mayor of Miami-Dade County shall appoint one (1) member of the Board; and

(4) The command staff of Southern Command shall appoint one (1) member; and

(5) The command staff at the United States Air Force Base in Homestead shall appoint one (1) member; and

(6) The command staff at the United States Coast Guard Station in Miami Beach shall appoint one (1) member; and

(7) The command staff at the United States Army National Guard Reserve Station located in Miami shall appoint one (1) member; and

(8) The command staff of the United States Navy and Marine Corps Reserves located in Hialeah shall appoint two (2) members: one (1) member representing the United States Navy; and one (1) member representing the United States Marine Corps; and

(9) The Miami-Dade Defense Alliance shall appoint one (1) member; and

(10) The Greater Miami Chamber of Commerce shall appoint one (1) member; and

(11) The Red Cross shall appoint one (1) member.

When making a selection, each person or entity shall consider that the voting members should reflect the gender, racial ethnic or cultural make-up of the community.

(b) Qualifications. Each member of the Commission shall (i) be a United States citizen, a duly qualified elector of Miami-Dade County and (ii) shall comply with the requirements of Chapter 2-11-38 of the Code of MiamiDade County. Additionally, each member shall be a person who has previously served or is currently serving in the Armed Forces, or has an interest in military affairs. Before taking any official action, each voting member shall take the prescribed oath of office.

(c) Term. Members of the Board shall serve terms of three (3) years each.

(d) Vacancies. Each person or entity shall appoint a new representative within one month when its appointee resigns or is removed.

(e) Applicability of Conflict of Interest and Code of Ethics Ordinance. The Miami-Dade County Conflict of Interest and Code of Ethics Ordinance (the “Conflict of Interest Ordinance”), Section 2-11.1 of the Code of Metropolitan Dade County, Florida, shall be applicable to the members of the Board. It is declared to be the intent of the Commission, as expressed in this subsection, to provide that the Conflict of Interest Ordinance shall not operate to preclude individuals from serving as Board members on the basis of interests relating to Miami-Dade County when such interests do not conflict with the Board.

(f) Organization and Procedure. The Chairperson of the Board shall be the Military Liaison of the County Commission selected by the Chairperson of the County Commission. The Board shall elect one (1) of its members as vice-chairperson and such other officers as the Board may determine to be necessary. The Board shall create bylaws and shall hold regular meetings in accordance with those by-laws. The Board may hold such other meetings as it deems necessary. A majority of the members of the Board shall constitute a quorum. All meetings of the Board shall be public and the Board shall maintain written minutes of all proceedings that shall be promptly prepared and recorded. Copies of all minutes and resolutions of the Board shall be forwarded to the Clerk of the Board of County Commissioners no later than thirty (30) days subsequent to any meeting of the Board.

Sec. 2-2104. Financial Support for the Board.

Subject to Miami-Dade County’s budgetary process and the availability of funds, the Mayor shall include in the County’s annual budget, administrative costs and additional funds for the implementation of the Board’s powers and duties.

Sec. 2-2105. Staff Support and Counsel.

The Mayor shall provide the Board with adequate staff to perform its powers and duties. The Board shall utilize the County Attorney’s Office for legal services.<<

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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