Miami-Dade Legislative Item
File Number: 122411
   Clerk's Official Copy   

File Number: 122411 File Type: Ordinance Status: Adopted
Version: 0 Reference: 12-102 Control: Board of County Commissioners
File Name: RULES OF PROCEDURE INVOCATION REGARDING PRAYER Introduced: 12/5/2012
Requester: NONE Cost: Final Action: 12/4/2012
Agenda Date: 12/4/2012 Agenda Item Number: 7F
Notes: THIS IS FINAL VERSION AS ADOPTED. ALSO SEE 122043. Title: ORDINANCE RELATING TO RULES OF PROCEDURE OF THE COUNTY COMMISSION; AMENDING SECTION 2-1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, REGARDING THE INVOCATION; PROVIDING PROCEDURES REGARDING PRAYER BEFORE COUNTY COMMISSION AND COMMITTEE MEETINGS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE (SEE ORIGINAL ITEM UNDER FILE NO. 122043)
Indexes: RULES OF PROCEDURE
Sponsors: Jose "Pepe" Diaz, Prime Sponsor
  Lynda Bell, Co-Sponsor
  Esteban L. Bovo, Jr., Co-Sponsor
  Audrey M. Edmonson, 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

County Attorney 12/5/2012 Assigned Bruce Libhaber

Board of County Commissioners 12/4/2012 7F Amended Adopted as amended P
REPORT: The County Commission adopted the foregoing proposed ordinance as amended to reflect the following: ~ to list “Invocation as provided in Rule 5.05(g)” on handwritten page 5, under Rule 5.05 (a) (1) as the first item, followed by “roll call;” ~ to delete subparagraphs (a), (b), (c), and (d) on handwritten page 7, Section (g) (4); and ~ to delete the last sentence which states “Eligible individuals shall be selected in the following manner” on handwritten page 7, Section (g) (4), and replace it with “The invocation shall be voluntarily delivered by an individual selected by members of the Board on a rotating basis.”

Legislative Text


TITLE
ORDINANCE RELATING TO RULES OF PROCEDURE OF THE COUNTY COMMISSION; AMENDING SECTION 2-1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, REGARDING THE INVOCATION; PROVIDING PROCEDURES REGARDING PRAYER BEFORE COUNTY COMMISSION AND COMMITTEE MEETINGS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, the Miami-Dade County Board of County Commissioners (“the Board”) is an elected legislative and deliberative public body, serving the citizens of Miami-Dade, Florida; and
WHEREAS, the Board wishes to continue a tradition, followed by legislative bodies throughout the United States, of solemnizing its proceedings by allowing for an opening invocation before each meeting for the benefit of the Board; and
WHEREAS, the Board desires to adopt this formal, written policy to clarify and codify its invocation practices; and
WHEREAS, such invocations before deliberative public bodies have been consistently upheld as constitutional by American courts, including the United States Supreme Court; and
WHEREAS, the Supreme Court acknowledged in Holy Trinity Church v. United States, 143 U.S. 457, 471 (1892), that the American people have long followed a “custom of opening sessions of all deliberative bodies and most conventions with prayer...,”; and
WHEREAS, in Marsh v. Chambers, 463 U.S. 783 (1983)(hereinafter “Marsh”), the United States Supreme Court validated the Nebraska Legislature’s practice of opening each day of its sessions with a prayer by a chaplain; and
WHEREAS, this Board intends to adopt guidelines that are consistent with the guidance provided by the United States Supreme Court in Marsh; and
WHEREAS, the Board intends to adopt a policy that does not proselytize or advance any particular faith, or show any purposeful preference of one religious view to the exclusion of others,

BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 2-1 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
CODE OF MIAMI-DADE COUNTY
CHAPTER 2. ADMINISTRATION
ARTICLE I. IN GENERAL

Sec. 2-1. Rules of Procedure of County Commission.

* * *


PART 5. CONDUCT OF MEETINGS; AGENDA

* * *

Rule 5.05 Agenda.

(a) Order of business.

(1) There shall be an official agenda for every meeting of the Commission, which shall determine the order of business conducted at the meeting. The order of business for Tuesday meetings shall be as follows:

1. [[roll call]]
Invocation >>as provided in Rule 5.05(g)<<
>>roll call<<
pledge of allegiance
special presentations
citizen's presentations
reports of official county boards
motion to set agenda
commission auditor
office of intergovernmental affairs

2. mayoral vetoes
mayoral reports

3. consent agenda

4. ordinances for first reading

5. public hearings, which shall be scheduled for 9:30 a.m.

6(a). chairperson of the board of county commissioners

6(b) policy matters for discussion by the board

7. ordinances for second reading

8. departments

9. additional departmental items

10. authorities, boards, councils and trusts

11. county commissioners

12. county manager

13. county attorney

14. items subject to "4-day rule"

15. clerk of the board.

Items shall be considered in the order in which they are placed on the agenda unless a majority of the commissioners determines to deviate from the printed agenda or in the discretion of the chairperson, certain matters should be taken out of order to help eliminate logistical concerns or exigent circumstances which would impede the proper functioning of the commission. During a commission meeting, commissioners may identify certain items for individual consideration (i.e., the "pull list"). Agenda items not selected for individual consideration may be approved in a single vote.

The commission shall not take action upon any matter when it is first presented to the commission in a report or reports made by the County Commissioners

* * *

>>(h) Invocations before the County Commission and Committees.

(1) It is the policy of the Board to allow for an invocation, which may include a prayer or a short solemnizing message, to be offered before its meetings for the benefit of the Board.

(2) Although the invocation shall be listed in the agenda, it shall not be considered an agenda item for the meeting or part of the public business.

(3) No member or employee of the Board or any other person in attendance at the meeting shall be required to participate in any invocation that is offered.

(4) The invocation shall be voluntarily delivered by an individual selected by members of the Board on a rotating basis.

(5) No invocational speaker shall receive compensation for his or her service.

(6) Any invitation extended shall specify that the opportunity to offer a legislative invocation shall not be exploited to convert others to any particular faith, to advance any particular faith, or to disparage any other faith or belief.

(7) Neither the Board nor the Clerk of the Board shall engage in any prior inquiry, review of, or involvement in, the content of any prayer to be offered by an invocational speaker.

(8) This policy is not intended, and shall not be implemented or construed in any way, to affiliate the Board with, nor express the Board’s preference for, any faith or religious denomination. <<




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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