Miami-Dade Legislative Item
File Number: 121377
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File Number: 121377 File Type: Ordinance Status: Amended
Version: 0 Reference: Control: Board of County Commissioners
File Name: ORD. AMENDING CHAPT. 25A - 7 MEMBERS Introduced: 7/3/2012
Requester: NONE Cost: Final Action: 10/23/2012
Agenda Date: 12/18/2012 Agenda Item Number: 7C
Notes: SEE 130276 FOR FINAL VERSION AS ADOPTED. Title: ORDINANCE AMENDING CHAPTER 25A OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA RELATING TO REDUCING VOTING MEMBERSHIP OF THE BOARD OF TRUSTEES OF THE PUBLIC HEALTH TRUST FROM SEVENTEEN (17) TO SEVEN (7) MEMBERS; DELETING EX OFFICIO MEMBER CLASSIFICATION; AND PROVIDING FOR TRANSITION FROM THE FINANCIAL RECOVERY BOARD TO THE REESTABLISHED BOARD OF TRUSTEES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: CHAPTER 25
Sponsors: Joe A. Martinez, Prime Sponsor
  Lynda Bell, Co-Sponsor
  Esteban L. Bovo, Jr., Co-Sponsor
  Jose "Pepe" Diaz, Co-Sponsor
  Barbara J. Jordan, 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 12/18/2012 7C Amended
REPORT: See Agenda Item 7C Amended, Legislative File No. 130276, for the amended version.

Board of County Commissioners 12/4/2012 7I Deferred 12/18/2012 P
REPORT: The foregoing proposed ordinance was deferred to December 18, 2012 at the request of Commissioner Sosa.

Board of County Commissioners 11/8/2012 Reconsidered
REPORT: It was moved by Commissioner Jordan that the Board reconsider Agenda Items 7A Substitute, Legislative File Number 121377, and 7A Supplement, Legislative File Number 122116, from the Board of County Commissioners’ meeting of 10/23/2012. This motion was seconded by Commissioner Suarez; and upon being put to a vote, the motion passed by a vote of 11-0. (Commissioner Sosa and Chairman Martinez were absent). Following a brief discussion, the foregoing items were rescheduled to come back as a second reading at the Board of County Commissioners’ meeting scheduled for December 4, 2012.

Board of County Commissioners 11/8/2012 15F2 Second Reading Scheduled for 12/4/2012 12/4/2012 P
REPORT: It was moved by Commissioner Jordan that the Board of County Commissioners reconsider Agenda Item 7A which was adopted at the Board of County Commissioners’ meeting of October 23, 2012. This motion was seconded by Commissioner Suarez; and upon being put to a vote, the motion passed unanimously. County Attorney Robert Cuevas read into the record the title of the foregoing ordinance. Commissioner Jordan noted she wished to reconsider the item to reconstitute the nominating council to increase the membership by at least two more members. County Attorney Cuevas noted the Board needed to provide a seven day notice before bringing back the item; and he noted it would be unfeasible to provide a seven day notice for the November 20, 2012, Board of County Commissioners’ meeting since the following meeting was a holiday. Pursuant to Commissioner Jordan’s suggestion that the item be scheduled for the Board of County Commissioners’ meeting of December 4, 2012, County Attorney Cuevas noted it would be scheduled for second reading and placed back before this Board on the suggested date. It was moved by Commissioner Jordan that the Board of County Commissioners schedule Agenda Items 7A and 7A Supplement, Legislative File Numbers 121377 and 122116, respectively, for the Board of County Commissioners’ meeting scheduled for December 4, 2012. This motion was seconded by Commissioner Souto; and upon being put to a vote, the motion passed by a vote of 7-3 (Commissioners Bell, Diaz, and Bovo voted no). (Commissioners Sosa and Suarez and Chairman Martinez were absent) (SEE NOTES FOR RELATED AGENDA ITEM 15F1, LEGISLATIVE FILE NUMBER 122280)

Board of County Commissioners 10/23/2012 7A Adopted as amended P
REPORT: Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. Chairman Martinez relinquished the Chair to Vice-Chairwoman Edmonson. It was moved by Commissioner Martinez that the foregoing proposed ordinance be adopted. This motion was seconded by Commissioner Sosa, followed by discussion. Commissioner Martinez briefly summarized his reason for amending this proposed ordinance and read into the record the proposed amended language as reflected in Supplement to Agenda Item 7(A). In response to Commissioner Sosa’s concern that the Public Health Trust (PHT) would become independent of the County Commission, Commissioner Martinez stated that the Nominating Council was being restructured and that the Trust was no longer a self-perpetuating entity. Commissioner Bell expressed her support of this item and commended Chairman Martinez for bringing it forth. Commissioner Diaz spoke in support of this item and asked to be added as a co-sponsor. Commissioner Heyman expressed support for the reduced number of Financial Recovery Board (FRB) members and questioned whether it would shift in returning it to the PHT concept. She stated the FRB’s focus should be on financial recovery, public health, and health administration. Discussion ensued between Commissioners Martinez and Heyman regarding the structure and qualifications of the PHT. In response to Commissioner Jordan’s inquiry as to how the currently existing board differed from what was being proposed today, Assistant County Attorney Valda Christian stated the Trust was currently governed by the seven-member FRB for a two-year term ending May 2013. She advised that the proposed changes provided that once the FRB’s term ended, the Nominating Council membership would increase to seven rather than the previous 17; all current FRB members would be included on the re-established PHT along with three additional members; the members would not be in a two-month term as a whole, but would be placed by the Nominating Council into staggered terms, the longest being four years, the shortest one year. Ms. Christian confirmed that the Nominating Council would consist of the five current FRB members along with the President of the South Florida AFL-CIO or his/her designee, the Chair of the Board of County Commissioners or his/her designee, the Mayor or his/her designee, and the Chair of the Miami-Dade Legislative Delegation or another member designated by the Chair, bringing the number of voting members to nine (9). Regarding Commissioner Jordan’s question concerning how the FRB’s mission differed from the original PHT’s mission, Ms. Christian stated the FRB was responsible for the same mission as that of the standard PHT Board of Trustees, with an added level designed to assist the PHT recover from financial distress. Ms. Christian described what comprised the current five-member Nominating Council selected by the 17-member board. Commissioner Jordan expressed concern with having the current five FRB members become members of the Nominating Council and explained that the FRB was not established to serve as the PHT Board of Trustees, but as a financial recovery board with a sunset provision for two years. She stated that others should be allowed to express their views on this issue after the upcoming election, adding that the FRB had not yet submitted a 5-year strategic plan from the FRB. Commissioner Jordan reminded her colleagues of Chairman Martinez’ announcement that an agreement had been reached, at a prior meeting, concerning plans to privatize the Emergency Room and Rape Treatment Center. Chairman Martinez stated that he announced that there might be an agreement and explained that what actually transpired was a compromise after speaking with Ms. Martha Baker. Commissioner Jordan recognized Ms. Martha Baker to provide clarification as to whether an agreement was reached and if so, what the concession were. Ms. Martha Baker, R.N., Jackson Memorial Hospital and Service Employees International Union (SEIU) President, Local 1991, appeared before the Board and stated no agreement was reached. She advised that the BCC Chair requested that she compromise and settle for privatizing the pediatric emergency room without grievance. Ms. Baker stated she informed the Chair that she could not accept that concession and that she did not believe any part of the emergency room should be privatized. She noted she believed it was after this discussion that the Chair returned to the dais and informed members that two parties were asked to compromise but only one had done so. Commissioner Jordan stated that a manipulation of the leadership at Jackson Health System (JHS) had occurred from the beginning and that politics were involved in every aspect of hospital’s operations. She recommended the FRB be allowed to perform its job based on the sunset provision and to not prematurely transition it into the Public Health Trust Board. Commissioner Jordan asked that the decision on the foregoing proposed ordinance be delayed until after the FRB/BCC Joint meeting. Commissioner Suarez expressed concern with the concept of the five existing FRB members being included as members of the newly established PHT Nominating Council. Upon hearing Assistant County Attorney Christian’s explanation of the process for nominating new members and determination of members’ term limits, Commissioner Suarez noted the complexity of this ordinance. He stated he felt this was not the proper time to move this issue forward and recommended this item be deferred until further discussion. Chairman Martinez informed Commissioner Suarez that the new PHT Board would consist of the five FRB members and four additional members for a total of nine members. In response to Chairman Martinez’ question as to whom the Nominating Council presented its nominations, Ms. Christian stated to the Board of County Commissioners. Commissioner Sosa noted she disagreed with the notion that it was too early to address this issue given JHS’ importance in this community. She commended the members of FRB for their commitment and willing to sacrifice. Commissioner Sosa pointed out that this Commission would ratify the nominations by the Council and stated she supported this ordinance as presented. Commissioner Moss stated that creating the FRB was a good idea and expressed his appreciation to the FRB members for their service. He recommended that the re-established PHT Board consist of more than seven (7) members and noted he would prefer nine (9) members to provide greater diversity. Commissioner Moss expressed his desire to see a plan in place that provided the PHT’s vision and a method to ensure that all affected parties understood the process. In response to Commissioner Moss’ inquiry about the bond issuance process, Assistant County Attorney Eugene Shy advised that the PHT was not empowered to issue bonds or incur debt for financing without the County Commission’s approval. He noted bonds issued for the PHT would be in the County’s name and, therefore, the County’s bond rating would be considered in the process. Responding to Commissioner Moss’ question as to why the majority of Nominating Council members were also PHT members, Chairman Martinez explained the process leading to the proposed structure for the Council. Commissioner Moss addressed the issue concerning the concept that the County Commission interfered with daily operations at JHS and noted the Commission had become involved when moves were made to close Jackson North and South. He noted he had no problem with the current FRB members continuing with two additional members to add diversity. Commissioner Barreiro noted the Commission should become involved when problems surface at JHS and pointed out that Commission members should name individual appointees to the PHT. He noted that the PHT members should be a diverse representation of the citizens of this County; that the mission should be to keep JHS financially sound; and that a high quality of service should be provided at the level expected from a safety net hospital. Commissioner Jordan reiterated her concerns that the proposed ordinance would usurp a process prematurely by transitioning the FRB into serving as the PHT. Speaking in opposition to the five FRB members being transitioned into the Nominating Council, Commissioner Jordan noted this would create a self-perpetuating situation. It was moved by Commissioner Jordan that the foregoing proposed ordinance be deferred. This motion was seconded by Commissioner Moss, and upon being put to a vote, failed by a vote of 5-6 (Commissioners Barreiro, Edmonson, Jordan, Moss, Suarez voted YES; Chairman Martinez and Commissioners Bell, Bovo, Diaz, Heyman, and Sosa voted NO; Commissioners Monestime and Souto were absent). Subsequently, by motion duly made, seconded, and carried, the Board adopted the foregoing proposed ordinance as amended to incorporate the changes reflected in Agenda Item 7A Supplement (Legislative File No. 122116). In response to Commissioner Jordan’s question as to whether she would be permitted to revisit this issue in the future since her vote prevailed, Assistant County Attorney Eugene Shy advised this could be done by motion to reconsider the item. NOTE: On November 8, 2012, the Board reconsidered its action on the foregoing proposed ordinance, and upon reconsideration, rescheduled the second reading for this ordinance to the December 4, 2012 BCC meeting. (SEE MEETING KEY 3273.)

Public Safety & Healthcare Admin Cmte 9/11/2012 1F4 Forwarded to BCC with a favorable recommendation 10/23/2012 P
REPORT: Assistant County Attorney Valda Clark Christian read the foregoing proposed ordinance into the record. Chairman Diaz opened the public hearing on the foregoing proposed ordinance, and the following person appeared before the Committee: Ms. Martha Baker, President, SEIU Local 199, expressed concern regarding the member characteristics for the Public Health Trust Board of Trustees. She requested this proposed ordinance be amended to ensure one seat on the nominating council was for a labor representative. She requested the board of trustee members be required to have healthcare expertise in governing and leading in a challenging healthcare arena. Ms. Baker suggested the Committee consider adding requirements for other areas of expertise, such as finance. She requested this proposed ordinance be amended to require board of trustee members be committed to the mission of the Public Health Trust to deliver public health. She requested this proposed ordinance be deferred for one month. Chairman Diaz closed the public hearing after no other persons appeared wishing to speak. Chairman Diaz suggested the Committee approve this proposal during this meeting and direct that it come before the County Commission on October 23, 2012. Commissioner Heyman noted she had sat on the Public Health Trust nominating committee and the committee focused more on where an individual lived than his or her credentials. She noted she supported adapting the membership requirements to ensure all the needs of the Public Health Trust were represented. Commissioner Heyman asked Deputy Mayor Genaro Iglesias in consultation with the Jackson Health Systems (JHS) President to select individuals for the Public Health Trust Board of Trustees who had the expertise to match the needs of JHS. Commissioner Jordan noted she concurred with Ms. Baker’s suggested amendments. She explained her preference was to defer this proposed ordinance, as opposed to delay it appearing before the County Commission. Commissioner Bovo pointed out the County Commission had the ability to amend or defer this proposed ordinance when the item was considered on October 23. Hearing no other questions or comments, the Committee proceeded to vote on this proposed ordinance.

Board of County Commissioners 7/3/2012 14A6 Adopted on first reading 9/11/2012 P
REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. Hearing no questions or comments, the Commission proceeded to vote. The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Public Safety and Healthcare Administration Committee on Tuesday, September 11, 2012, at 9:30 a.m.

County Attorney 7/3/2012 Referred Public Safety & Healthcare Admin Cmte 9/11/2012

County Attorney 7/3/2012 Assigned Valda Clark Christian

Legislative Text


TITLE
ORDINANCE AMENDING CHAPTER 25A OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA RELATING TO REDUCING VOTING MEMBERSHIP OF THE BOARD OF TRUSTEES OF THE PUBLIC HEALTH TRUST FROM SEVENTEEN (17) TO SEVEN (7) MEMBERS; DELETING EX OFFICIO MEMBER CLASSIFICATION; AND PROVIDING FOR TRANSITION FROM THE FINANCIAL RECOVERY BOARD TO THE REESTABLISHED BOARD OF TRUSTEES; 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-3 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows: 1
Sec. 25A-3. Governing body.

* * *

(a) Composition. The governing body of the Trust shall be a Board of Trustees composed of seven[[teen]] ([[1]]7) voting members none of whom shall be employees of the Trust. >>Provided further that, if required by applicable law, regulation, or accreditation body, the governing body shall include at least one (1) member who is a physician authorized to practice medicine in the State of Florida.<<[[The voting membership shall include a member of the University of Miami Board of Trustees and a member of Florida International University Board of Trustees. In addition, the voting membership shall include the Chairperson of the Board of County Commissioners and a Commissioner designated by the Chairperson, or, alternatively, in his or her discretion, the Chairperson of the Board of County Commissioners may designate two (2) Commissioners to serve as voting members.]] The [[remaining]] voting membership shall be selected in accordance with Section 25A-3(d).

[[Additionally, the following shall be non-voting, ex officio members of the Board of Trustees: the Director, Office of Countywide Healthcare Planning; the Senior Vice President of Medical Affairs; Dean, University of Miami School of Medicine; Dean, Florida International University School of Medicine; the Senior Vice President of Patient Care Services; Dean, University of Miami School of Nursing; the President of the Public Health Trust Medical Staff; and one of the Presidents from the local collective bargaining units representing employees of the Trust, who shall be selected by all such unit Presidents.]]

* * *

(d) Appointment and removal of Trustees. >>Five (5) <>Prior to September 1st of each year, the Nominating Council shall submit to the Commission a list of nominees containing a total number of names which is equal to one (1) nominee for each vacancy on the Board of Trustees plus two (2) additional nominees. The Commission shall select and appoint the voting Trustees from the list of nominees submitted by the Nominating Council. The Nominating Council shall select each nominee by individual majority vote. In the event of a tie vote, the candidate shall not be designated as a nominee.

(1) <>ten<<[[five]] ([[5]]>>10<<) voting members: [[the Chairperson of the Commission committee of jurisdiction for the Public Health Trust, or a Commissioner of that committee designated by the committee Chairperson;]] >>all voting Trustees<< [[the Chairperson]] of the Public Health Trust; the Chairperson of the Board of County Commissioners or a Commissioner designated by the Chairperson; the Mayor or his or her designee; and the Chairperson of the Miami-Dade Legislative Delegation or another member of the delegation appointed by Chairperson of the Miami-Dade Legislative Delegation. The Chairperson of the Trust shall >>chair the Nominating Council. << [[not serve on the Nominating Council w]] >>W<>,<< [[and shall appoint a]] >>any voting<>under consideration shall absent himself or herself from the Nominating Council meetings during the discussions on the reappointment and shall not vote on, or participate in any way, in said matter<< [[to replace him or her]]. The [[County Manager]] >>Mayor<< and the County Attorney shall provide appropriate staff support to the Council. The sole function of the Nominating Council shall be to solicit, screen >>(including, but not limited to, reference reviews and background screening of each nominee)<<, interview and recommend for appointment the best qualified candidate for each vacancy on the Trust Board. The membership of the Board of Trustees should be representative of the community at large and should reflect the racial, gender, ethnic and disabled make-up of the community. The Council should consider the most current demographic statistics from Miami-Dade County. Said Council and the procedures under which it will operate shall be approved by the Board of County Commissioners. All meetings of the Nominating Council shall be audio recorded and minutes of the proceedings shall be transcribed and maintained by the Clerk of the Board of the County Commission. [[Prior to September 1st of each year, the Nominating Council shall submit to the Commission a list of nominees containing a total number of names which is equal to one (1) nominee for each vacancy on the Trust Board plus two (2) additional nominees. The Commission shall select and appoint the voting trustees from the list of nominees submitted by the Nominating Council. ]]

>>(2) The Commission may ratify appointment of the remaining Voting Trustees as follows: One (1) member of the Trust Board shall be designated by the Mayor in writing, and a copy thereof shall be filed with the Clerk of the Commission; one (1) member of the Trust Board shall be designated by the Chairperson of the Miami-Dade Legislative Delegation in writing, and a copy thereof shall be filed with the Clerk of the Commission. Upon receipt of any written designation to fill a designated vacancy by the Mayor or the Chairperson of the Miami-Dade Legislative Delegation, the Clerk of the Commission shall serve copies on the Nominating Council. The Nominating Council shall conduct reference reviews and background screening for each designee. Upon completion, the Council shall submit the results to the Clerk of the Commission The Clerk shall serve copies of the written designations and the review and screening results to the Commission. The designations then shall be presented at the next regularly scheduled Commission meeting for review. Absent any disapproval at the next regularly scheduled Commission meeting, the designees shall be deemed ratified by the Commisison and shall be deemed appointed to the Trust Board.

(3) At anytime that the Commission has established a Financial Recovery Board under Section 25A-9(c)(5) herein, then upon expiration thereof, the members of the Recovery Board shall become the Voting Trustees of the reestablished Board of Trustees. The Nominating Council shall convene not less than ninety (90) days prior to the conclusion of the tenure of Financial Recovery Board for the purpose of assigning the members of the expiring Recovery Board to staggered initial terms as voting members of the reestablished Board of Trustees and submitting said assignments to the Commission for ratification and appointment by resolution. The Nominating Council shall stagger the initial terms for the voting members of the reestablished Board of Trustees as follows: (i) one (1) voting member designated by the Nominating Council shall serve an initial term of four (4) years; (ii) two (2) voting members designated by the Nominating Council shall serve an initial term of three (3) years; (iii) two (2) voting members designated by the Nominating Council shall serve an initial term of one (1) year; and (iv) the two (2) voting members designated by the Mayor or Miami-Dade Legislative Delegation shall serve an initial term of two (2) years each. Voting members appointed to the reestablished Board of Trustees for a term of less than three (3) years shall remain eligible to serve three (3) consecutive and complete terms of two (2) years. Voting members appointed to an initial term of three (3) or more years shall be eligible to serve one (1) additional term of three (3) years. <<

In the event of a vacancy during the term of a voting Trustee, the Trust shall notify the Commission of the vacancy and shall request that it be filled as part of the annual appointment process or by special convening of the Public Health Trust Nominating Council.

A Trustee may be removed by a majority vote of the Board of County Commissioners for cause.

(e) Tenure of Trustees. [[The]]>>Three (3) of the<< voting Trustees >>designated by the Nominating Council<< shall serve staggered terms of three (3) years each. [[No]]>>Said<< voting Trustee>>s<< shall be permitted to serve >>no<< more than [[three]]>>two<< ([[3]]>>2<<) consecutive and complete terms of three (3) years each. >>The remaining voting Trustees shall serve staggered terms of two (2) years each. Said voting Trustees shall be permitted to serve no more than three (3) consecutive and complete terms of two (2) years each.<< [[Subsequent to September 1, 2003, no voting Trustee shall be permitted to serve more than two (2) consecutive and complete terms of three (3) years each, provided however, that this six-year term limitation shall not apply to incumbent voting Trustees appointed prior to September 1, 2003. The Board of County Commissioners, by a two-thirds (2/3) vote of its members, then in office, may waive this term limitation requirement.]] The term of a [[Commissioner]]>>designee of the Mayor<< shall be coterminous with the term of the appointing [[Commission Chairperson]] >>Mayor<< and until the successor [[Commission Chairperson]]>>Mayor<< replaces the [[Commissioner]]>>designee. The term of a designee of the Miami-Dade Legislative Delegation shall be coterminous with the term of the appointing Chairperson of the Miami-Dade Legislative Delegation and until the successor Chairperson replaces the designee<<.

* * *

Section 2. Section 25A-9 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec. 25A-9. - Financial Sustainability.

It is the intent of the Commission to promote, protect, maintain, and improve the health and safety of all residents and visitors of Miami-Dade County through a fully functioning and sustainable public health trust.

* * *

(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:

* * *

(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 an affirmative vote of two-thirds (2/3) of those Commissioners then in office. A County Commission veto of any action taken by the Recovery Board shall be final and determinative.

* * *

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>>, except that the membership shall include all members of the Financial Recovery Board in lieu of the voting Trustees of the Board of Trustees,<< not less than [[one hundred twenty]] >>ninety<< ([[12]]>>9<<0) 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]] >>assigning members of the expiring Recovery Board to staggered initial terms as voting members of the reestablished Board of Trustees and submitting said assignments to the Commission for ratification.<<

(ii) Recovery Board structure.

(A) Composition and Qualifications. The Recovery Board shall be composed of seven (7) voting members, none of whom shall be an employee of the Trust. Each member of the Recovery Board shall be a United States citizen and a permanent resident and duly qualified elector of Miami-Dade County, unless the Commission waives the residency requirement in its discretion. Each member of the Recovery Board shall be of an outstanding reputation of integrity, responsibility and commitment to serving the community.

Each member of the Recovery Board shall have experience in hospital operations, management, finance, business or other experience relevant to the Recovery Board's duties and responsibilities. No member of the Recovery Board shall have any conflict of interest, as defined in the Conflict of Interest Ordinance, with the Trust or its designated facilities. Members of the currently sitting Board of Trustees, or former Board of Trustees members, who meet the qualifications provided herein, may be nominated to serve on the Recovery Board. A member of the Recovery Board may be removed for cause by a majority vote of the Board of County Commissioners.

* * *

(D) Term. The Recovery Board shall serve for no longer than twenty-four (24) months, or such shorter or longer period of time as determined by resolution of the Commission. The Recovery Board may recommend shortening or lengthening its tenure by submitting to the Commission a duly enacted resolution of the Recovery Board. The Commission shall consider any such resolution, however, the Commission shall be under no obligation to take affirmative action upon the recommendation. The Commission may consider, among other factors, whether the conditions specified in Subsection (a) have resolved, or are likely to resolve promptly, when determining whether to shorten or lengthen the Recovery Board's term. Upon conclusion of the term of the Recovery Board, the Board of Trustees shall be reestablished. >>The initial appointments to the reestablished Board of Trustees shall include all members of the expiring Recovery Board. Each voting Trustee shall serve the terms they are appointed to in accordance with Section 25A-3(d) (Appointment and removal of Trustees). Following the reestablishment of the Board of Trustees, all subsequent vacancies shall be addressed<< in accordance with the nominating process set forth in Sections 25A-3(d) (Appointment and removal of Trustees) and 25A-9(c)(6) (Financial sustainability), herein.

* * *

Section 3. This ordinance shall supersede those provisions of any existing ordinance, resolution or policy in conflict herewith.
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, 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 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.

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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