Legislative Matter

Miami-Dade Legislative Item
File Number: 120709

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Clerk's Official Copy

File Number: 120709

File Type: Ordinance

Status: Adopted

Version: 0

Reference: 12-40

Control: Board of County Commissioners

File Name: COUNCIL MEMBERS ATTEND WORKSHOP IN EVERY EVEN-NUMBERED YEAR

Introduced: 4/2/2012

Requester: NONE

Cost:

Final Action: 6/5/2012

Agenda Date: 6/5/2012

Agenda Item Number: 7A

Notes:

Title:

ORDINANCE PERTAINING TO COMMUNITY COUNCILS; AMENDING SECTION 20-44 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; DELETING REQUIREMENT THAT COMMUNITY COUNCIL MEMBERS ATTEND AN ANNUAL COMMUNITY COUNCIL WORKSHOP; REQUIRING COMMUNITY COUNCIL MEMBERS TO ATTEND A COMMUNITY COUNCIL WORKSHOP IN EVERY EVEN-NUMBERED YEAR; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

Indexes:	COMMUNITY COUNCILS
	ORDINANCE PERTAINING
	WORKSHOP

Sponsors:

Sally A. Heyman, 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	6/5/2012	7A	Adopted				P
REPORT:	First Assistant County Attorney Abigail Price-Williams read the foregoing ordinance into the record. Commissioner Heyman indicated she felt that the Community Councils were meeting for training as much as they were meeting for business. She proposed that they meet every other year for training, and stated that newly elected members could still attend the yearly training sessions. Commissioner Sosa advised that she previously sponsored a resolution for ethics training every year. She said she realized that the councils were somewhat separate from the county and were acting independently. She expressed her concern about moving a once-a-year meeting to every other year. She pointed out that the training was beneficial to keep the council abreast of what was going on with the Board of County Commissioners (Board) and any new rules that came up during the year, and it included training on ethics and various committees. In response to Commissioner Sosa’s comment, Commissioner Heyman stated that the council members served a multi-year term. Commissioner Sosa stated she remembered that in the past when the rules were more lenient and several scandals came about that subsequently made newspaper headlines, the Board had to immediately make adjustments to rectify those issues. She said she hoped that these issues would not arise again with the more relaxed training schedule. Commissioner Souto stated that he was a part of the County Commission when the councils were created to help alleviate the load on the Commission. He said the councils acted as listening posts for the Commission, and each council was a place where the public could go to express their concerns. Commissioner Souto said the Commission needed to listen more to the voice of the people, and the councils’ purpose was to work with the Commission and follow up on the concerns of the people.

Infrastructure and Land Use Committee	5/9/2012	1F3	Forwarded to BCC with a favorable recommendation				P
REPORT:	Assistant County Attorney Geri Bonzon-Keenan read the foregoing proposed ordinance into the record. Chairwoman Edmonson resumed the Chair and opened the public hearing on the foregoing proposed ordinance. She closed the public hearing after no one appeared wishing to speak. It was moved by Commissioner Monestime that the Committee forward the foregoing proposed ordinance to the Board of County Commissioners with favorable recommendations. This motion was seconded by Chairwoman Edmonson. Commissioner Sosa asked whether Item 1F3 would reduce the training requirements for Community Council members. Assistant County Attorney John McGuiness clarified that the Code of Miami-Dade County currently provides for orientation workshops to be conducted annually for Community Council members. He added that Item 1F3 would replace that requirement by requiring that Community Council members attend orientation workshops every two years, coinciding with their election. Commissioner Sosa questioned whether pertinent information such as ethics guidelines or rules and regulations relating to land use would be available to Community Council members if they were not required to attend these annual workshops. Assistant County Attorney John McGuiness reiterated that Community Council members would still be required to attend workshops, but only once every two years rather than once every year. Hearing no other questions or comments, the Committee proceeded to vote on the foregoing proposed ordinance.

Board of County Commissioners	4/17/2012		Tentatively scheduled for a public hearing	Infrastructure and Land Use Committee	5/9/2012

Board of County Commissioners	4/17/2012	4B	Adopted on first reading		5/9/2012		P
REPORT:	The foregoing proposed ordinance was adopted on First Reading and scheduled for Public Hearing on Wednesday, May 9, 2012 at 2:00 PM before the Infrastructure and Land Use Committee (ILUC).

County Attorney	4/4/2012		Referred	Infrastructure and Land Use Committee	5/9/2012

County Attorney	4/2/2012		Assigned	John D. Mc Innis	4/6/2012

Legislative Text

TITLE
ORDINANCE PERTAINING TO COMMUNITY COUNCILS; AMENDING SECTION 20-44 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; DELETING REQUIREMENT THAT COMMUNITY COUNCIL MEMBERS ATTEND AN ANNUAL COMMUNITY COUNCIL WORKSHOP; REQUIRING COMMUNITY COUNCIL MEMBERS TO ATTEND A COMMUNITY COUNCIL WORKSHOP IN EVERY EVEN-NUMBERED YEAR; 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 20-44, of the Code of Miami-Dade County, Florida, is hereby amended as follows:1
Sec. 20-44. Community Councils; organization; new member orientation; [[annual orientation]] >>Community Council<
* * *
(E) All Community Council members shall attend [[an Annual]] >>in every even-numbered year a<< Community Council Workshop organized and conducted by the Department of >>Sustainability<< Planning and [[Zoning and]]>>Economic Enhancement, the Department of Permitting, Environment and Regulatory Affairs<<, the Commission on Ethics, [[Team Metro]] and the County Attorney's Office. The Workshop shall include, but shall not be limited to, review of the Comprehensive Development Master Plan and issues related thereto, review of zoning regulations, incorporation and annexation issues, workforce and affordable housing issues and applicable laws, rules and regulations pertaining to duties and responsibilities of Community Council members.

(F) Notwithstanding Section 20-43.2, failure of any elected or appointed member of a Community Council to attend >>a<<[[an annual]] Community Council Workshop shall be deemed sufficient cause for removal.

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 part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be re-numbered or re-lettered 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.