Miami-Dade Legislative Item
File Number: 130276
   Clerk's Official Copy   

File Number: 130276 File Type: Ordinance Status: Adopted
Version: 0 Reference: 12-113 Control: Board of County Commissioners
File Name: ORD. AMENDING CHAPT 25A - 7 MEMBERS Introduced: 2/12/2013
Requester: NONE Cost: Final Action: 12/18/2012
Agenda Date: 12/18/2012 Agenda Item Number: 7C
Notes: THIS IS FINAL VERSION AS ADOPTED. ALSO SEE 121377. 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 (SEE ORIGINAL ITEM UNDER FILE NO. 121377)
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

County Attorney 2/12/2013 Assigned Valda Clark Christian

Board of County Commissioners 12/18/2012 7C Amended Adopted as amended P
REPORT: County Attorney Robert Cuevas read into the record the title of the foregoing proposed ordinance. County Attorney Cuevas inquired whether the Commission members wished to amend Agenda Item 7C as it was provided in its supplement. It was moved by Commissioner Bell that the foregoing proposed ordinance be adopted, as amended. This motion was seconded by Commissioner Sosa, and upon being put to a vote, passed by a vote of 7-0. Commissioner Jordan noted she became a co-sponsor because she wished to amend the item. Vice Chairwoman Edmonson asked whether it was possible to amend the item. County Attorney Cuevas advised that they had to conclude the voting, and if it was approved, they would have to vote to reconsider the item, if they wished to consider an amendment. Commissioner Bovo asked whether voting was concluded when the Clerk had announced the vote. County Attorney Cuevas clarified that the vote was concluded when the Chair announced the results; however, before going on to the next item, any commissioner who was absent during the vote was allowed to add their vote, but an amendment was not appropriate at this time. Commissioner Jordan noted she wanted to amend this item because Commissioner Heyman's item seemed to conflict with it, and should have been considered first. She pointed out that Commissioner Heyman’s item extended the existing board for two years. Vice Chairwoman Edmonson said she did not believe the two items conflicted, because after the initial two years, the voting membership of the Board of Trustees of the Public Health Trust could be reduced to 7 members, as per Agenda Item 7C. County Attorney Cuevas confirmed that no conflict existed. It was moved by Commissioner Bell that the foregoing proposed ordinance be adopted, as amended to incorporate the information in Agenda Item 7C Supplement, Legislative File No. 122116. This motion was seconded by Commissioner Sosa, and upon being put to a vote, passed by a vote of 7-3; (Commissioners Jordan, Heyman and Barreiro voted “No”). The proposed ordinance was adopted as amended to incorporate the information in Agenda Item 7C Supplement, Legislative File No. 122116.

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 MIAMIDADE 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) <>nine<<[[five]] ([[5]]>>9<<) 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;]] >>five (5) voting Trustees<< [[the Chairperson]] of the Public Health Trust>> as designated by the Chairperson of the Public Health Trust<<; >>the President of the South Florida AFL-CIO or his or her designee; <>chair the Nominating Council. The presence of five (5) Council members shall be necessary and sufficient to constitute a quorum for the transaction of business at all meetings of 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 five (5) 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.



Home  |   Agendas  |   Minutes  |   Legislative Search  |   Lobbyist Registration  |   Legislative Reports
2014 BCC Meeting Calendar  |   Miami-Dade County Code of Ordinances   |   ADA Notice  |  

Home  |  Using Our Site  |  About Phone Directory  |  Privacy  |  Disclaimer

E-mail your comments, questions and suggestions to Webmaster  

Web Site 2014 Miami-Dade County.
All rights reserved.