Legislative Matter

Miami-Dade Legislative Item
File Number: 130445

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Clerk's Official Copy

File Number: 130445

File Type: Ordinance

Status: Adopted

Version: 0

Reference: 13-60

Control: Board of County Commissioners

File Name: COMMUNITY COUNCILS MODIFYING PRODUCES FOR FILLING VACANCIES

Introduced: 3/6/2013

Requester: NONE

Cost:

Final Action: 6/18/2013

Agenda Date: 6/18/2013

Agenda Item Number: 7A

Notes:

Title:

ORDINANCE PERTAINING TO COMMUNITY COUNCILS; MODIFYING PROCEDURES FOR FILLING VACANCIES OF ELECTED COMMUNITY COUNCIL POSITIONS; AMENDING SECTION 20-43 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA (“CODE”); PROVIDING SEVERABILITY; INCLUSION IN THE CODE AND AN EFFECTIVE DATE

Indexes:

COMMUNITY COUNCILS

Sponsors:	Dennis C. Moss, Prime Sponsor
	Audrey M. Edmonson, Co-Sponsor
	Barbara J. Jordan, Co-Sponsor
	Jean Monestime, 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	6/18/2013	7A	Adopted				P
REPORT:	First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. Commissioner Moss explained that this resolution would provide another alternative for filling vacant positions on Community Councils by allowing the County Commissioners to appoint someone, in the event the Councils had a difficult time finding qualified candidates from the sub-areas to fill the vacancy. Commissioner Jordan offered a friendly amendment to allow the District Commissioner 30 days to submit a name from the sub-areas with the largest population within the Commission District. She noted her concern was that a largely populated sub-area may not be represented by the Community Council. Commissioner Moss pointed out that currently the ordinance provided for the Community Councils to recommend candidates; and asked whether the intent of the amendment was to change the current process to allow the commissioners to forward the names. Commissioner Jordan noted her intent was for the District Commissioner with the largest populated sub-area to recommend a name to the appointing commissioner. She noted her concern was that the Community Councils may not recommend candidates from the highly populated sub-areas, and that representation may come from only one area. Commissioner Moss pointed out that based on the way the Community Councils operate today; the District Commissioner with the largest number of residents within the Community Council District is the appointing commissioner. He suggested that Commissioner Jordan bring forth other legislation that addressed her concerns. He noted the foregoing ordinance simply provided a way to fill vacancies in the event the Community Councils could not find qualified candidates from the sub-areas, or did not like the candidates that applied for the position. Commissioner Jordan noted she agreed that the commissioner with the largest population would have jurisdiction; however, she wanted to ensure that the sub-areas were represented as well, and said she would propose another item to address her issue. Commissioner Bell said she was concerned with the reasons the Community Councils were having trouble finding qualified candidates from the sub-areas. She suggested that all efforts be exhausted to fill the vacancy by someone from the sub-area first, before appointing someone from an outside area. Chairwoman Sosa recalled that prior to the creation of Community Councils, the County had a Zoning Board in place to make all decisions countywide. She noted the intent of the Community Councils was for the members who served on those bodies to be familiar with the areas; however, the County had encountered an issue regarding members who no longer wanted to serve or did not have the time to serve on the Councils, and as a result had to appoint members from outside the areas. Chairwoman Sosa expressed support for this resolution; however, noted she requested a study on the costs of running the Community Councils and had received complaints from the community that the Community Councils were approving items for one area, but not for another. Chairwoman Sosa pointed out that the process for Community Councils was costly to the County which paid to staff those meetings. She said she believed that this Board needed to have a discussion in the near future on whether it was best to keep the Community Councils or to revive the Zoning Board that would make unified decisions that applied to the entire County. Hearing no further comments or questions, the Board members proceeded to vote on this ordinance as presented.

Board of County Commissioners	6/4/2013	7F	Deferred		6/18/2013		P

Land Use & Development Committee	5/16/2013	1E2	Forwarded to BCC with a favorable recommendation				P
REPORT:	Assistant County Attorney Dennis Kerbel read the foregoing proposed ordinance into the record. Chairman Diaz opened the public hearing and called for persons wishing to appear before the Committee in connection with this proposed ordinance. Chairman Diaz closed the public hearing after no one appeared wishing to speak, and the Committee members proceeded to vote on the foregoing proposed ordinance, as presented.

Board of County Commissioners	4/2/2013	4F	Adopted on first reading		5/16/2013		P
REPORT:	The foregoing proposed ordinance was adopted on first reading and scheduled for a public hearing before the Land Use Development Committee on May 16, 2013.

Board of County Commissioners	4/2/2013		Tentatively scheduled for a public hearing	Land Use & Development Committee	5/16/2013

County Attorney	3/6/2013		Assigned	Dennis A. Kerbel

County Attorney	3/6/2013		Referred	Land Use & Development Committee	5/16/2013

Legislative Text

TITLE
ORDINANCE PERTAINING TO COMMUNITY COUNCILS; MODIFYING PROCEDURES FOR FILLING VACANCIES OF ELECTED COMMUNITY COUNCIL POSITIONS; AMENDING SECTION 20-43 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA (�CODE�); 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 20-43 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Sec. 20-43. - Community Councils; membership.

Except as provided in subsection (E), Community Councils shall have seven (7) members, six (6) of whom shall be elected at large within the council area and one (1) of whom shall be appointed by the Board of County Commissioners as follows:

(A) Elected Council Members.

(1) Elected Council Members shall, for at least six (6) months prior to qualifying, have been resident electors of the council area for which they are qualifying, and, for at least three (3) years prior to qualifying, resident electors of Miami-Dade County. Additionally, each elected Council Member seeking to represent a subarea shall, for three (3) months prior to qualifying, have been a resident elector of the separate subarea of the council area for which the Member is qualifying. At the time of qualifying candidates shall submit proof of residency for the prescribed period to the supervisor of elections. Proof of residency shall establish that the qualifying candidate has met the residency requirements for the required period. Any person misrepresenting their residency shall, upon conviction, be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment not to exceed sixty (60) days in the County jail or both, at the discretion of the court. No Council Member shall be employed by Miami-Dade County or be a member of the County Commission.

* * * *

(7) >>Vacancies.<< The County Commissioner whose district encompasses the greatest total population within the Community Council area, based on population data from the decennial Census, shall fill any vacant Council positions, by the appointment of an individual meeting the qualifications provided in subsection (1) above from a list of one or more names supplied by the Community Council. A person appointed shall serve until the earlier of the following: (1) the next primary election; or (2) expiration of the term of office for which the appointment is made. This limitation on term length shall apply to any person appointed by either a Community Council or a County Commissioner, whether appointed prior to or after the effective date of this ordinance. A person elected at such county-wide election shall serve for the remainder of the unexpired term. It is provided, however, in the event there is an insufficient number of Community Council Members in office to constitute a quorum, the County Commissioner whose district encompasses the greatest total population within the Community Council area, based on population data from the decennial Census, shall appoint a sufficient number of members necessary to constitute a quorum. Further, should any Community Council fail to supply a list of one or more names for any vacant Council position within ninety (90) days from the date such position becomes vacant or that the names supplied within such time period are not acceptable to the appointing County Commissioner, the County Commissioner whose district encompasses the greatest total population within the Community Council area, based on population data from the decennial Census, shall appoint an individual meeting the qualifications set forth in subsection (1) above to fill such vacancy, >>except that such County Commissioner may appoint any resident elector within the council area, regardless of whether that elector resides within the subarea represented by the vacant position. In the event any Council Member no longer resides in a Council subarea for a subarea position or Council area for an at large position, that person shall be deemed to have tendered their resignation from such Council; provided, however, any Council Member who, as a result of a modification to the configuration of a Council subarea pursuant to Section 20-42, is no longer qualified to be an elected member of such Council, shall be permitted to complete the term of office commenced prior to the subarea boundary modification.

* * * *

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.
PASSED AND ADOPTED:

Prime Sponsor: Commissioner Dennis C. Moss
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.