Miami-Dade Legislative Item
File Number: 151069
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File Number: 151069 File Type: Ordinance Status: In Committee
Version: 0 Reference: 15-87 Control: Board of County Commissioners
File Name: CONVENTION ON THE ELIMINATION OF DISCRIMINATION FOR WOMEN Introduced: 5/7/2015
Requester: NONE Cost: Final Action: 9/1/2015
Agenda Date: 9/1/2015 Agenda Item Number: 7A
Notes: REQUIRES 6WKS/4WKS Title: ORDINANCE AMENDING ARTICLE XXXI OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA TO LOCALLY ADOPT THE SPIRIT UNDERLYING THE PRINCIPLES OF THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN, AN INTERNATIONAL TREATY; AMENDING SECTION 2-477 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA TO AUTHORIZE THE COMMISSION AUDITOR TO GATHER DATA REGARDING ECONOMIC DEVELOPMENT, HEALTH AND SAFETY, AND EDUCATION OF WOMEN IN MIAMI-DADE COUNTY; AMENDING SECTION 2-269 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA TO AUTHORIZE THE MIAMI-DADE COUNTY COMMISSION FOR WOMEN TO ANALYZE SUCH DATA AND TO REPORT TO THIS BOARD; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: DISCRIMINATION
  ECONOMIC DEVELOPMENT
Sponsors: Daniella Levine Cava, Prime Sponsor
  Bruno A. Barreiro, Co-Sponsor
  Audrey M. Edmonson, Co-Sponsor
  Sally A. Heyman, Co-Sponsor
  Barbara J. Jordan, Co-Sponsor
  Dennis C. Moss, Co-Sponsor
  Rebeca Sosa, Co-Sponsor
  Xavier L. Suarez, 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 9/1/2015 7A Adopted P
REPORT: In response to Commissioner Levine Cava’s question regarding a reasonable opportunity for people to speak on the foregoing item, County Attorney Robert Cuevas advised that the reasonable opportunity for the public to speak on the item was during the hearing of the item before the committee and this was a second hearing. Following further discussion regarding the steps to take in order to speak on an item, such as filling out a speaker’s card; however, this item was a second reading and the public hearing had already been held before the committee. In response to Commissioner Levine Cava’s request to allow people to speak who were not aware of the process, County Attorney Cuevas advised that decision would be at the Chair’s discretion when the item was called. Later in the meeting, Commissioner Levine Cava as prime sponsor thanked the public for attending this meeting to support this item along with her cosponsors. She explained that this item would request an annual report from the Commission for Women with data on girls and women related to economic development, health and education to be presented to this Board and the County Mayor with recommendations. Commissioner Levine Cava recognized everyone who attended today’s meeting in support of the foregoing proposed ordinance. Commissioner Moss requested to be a cosponsor of this item. First Assistant County Attorney Abigail Price-Williams read into the record the title of the foregoing proposed ordinance. Hearing no further questions or comments the Board proceeded to vote on the foregoing proposed ordinance.

Economic Prosperity Committee 7/9/2015 1G1 Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Cynthia Johnson-Stacks read the foregoing proposed ordinance into the record. Chairman Suarez opened the public hearing and called for persons wishing to be heard. Commissioner Sosa requested to be added as a co-sponsor. The following persons appeared before the Committee: 1. Ms. Meena Jaggernauth, 2061 North Bay Road, Miami Beach FL appeared in support of the foregoing proposed ordinance. 2. Ms. Melissa Dynan, Vice-President of The League of Women Voters for Miami-Dade County, 6815 Biscayne Boulevard, Miami FL, appeared in support of the item. 3. Ms. Mara Zapata, Chairwoman for Miami-Dade Commission for Women, 272 Cherokee Street, Miami Springs FL appeared in support of the foregoing proposed ordinance and thanked the sponsors of the item. 4. Ms. Kit Rafferty, appeared as a representative for “South Florida Voices for Working Families” and the Miami-Dade Commission for Women, 1657 NW 16th Terrace, Miami FL voiced her support for the item and spoke about the importance of the Convention On The Elimination Of All Forms Of Discrimination Against Women (CEDAW.) 5. Ms. Rebekah Monson, Co-Captain for Code for Miami, 19505 SW 128th Avenue, Miami FL, appeared regarding Agenda Item 1G3. 6. Ms. Linda Robinson, Chair of Human Trafficking – Commission for Women, 15605 SW 77th Court, Palmetto Bay FL, spoke in support of the item and thanked Commissioner Levine Cava and co-sponsors for their involvement with the ordinance. Chairman Suarez and Commissioner Barriero requested to be added as co-sponsors. 7. Ms. Maria Luisa Castellanos, 2271 SW 122nd Court, Miami FL appeared in support of the item. Commissioner Levine Cava noted that Ms. Castellanos was one of the Board’s appointees to the Public Private Partnership (P3) Task Force. 8. Ms. Thema Campbell, Chief Executive Officer for Girl Power, spoke in support of the item and commended the County for taking such an important step in the process of eliminating discrimination against women. She acknowledged Commissioner Levine Cava and co-sponsors of the ordinance and offered her services to the initiative. 9. Mr. B.J. Chiszar, 2060 NE 194th Terrace, Miami FL, appeared in support of the foregoing proposed ordinance. 10. Ms. Raisa Sequeira, appeared as an appointee for the Miami-Dade Commission for Women, 1349 W 61st Place, Hialeah FL spoke in support of the item. Commissioner Levine Cava explained the intent of the foregoing proposed ordinance and acknowledged the collaborative efforts and roles of the Miami-Dade Commission for Women and Commission Auditor with the initiative. She thanked her colleagues for co-sponsoring the item and the public for its continued support. Commissioner Sosa commended Commissioner Levine Cava for sponsoring the foregoing proposed ordinance and spoke of her own efforts to ensure equal pay for women. She advised the County Attorney’s Office that she was interested in introducing legislature to ensure women received equal pay in Miami-Dade County. There being no further questions or comments, the Committee proceeded to vote on the foregoing proposed ordinance, as presented.

Board of County Commissioners 5/26/2015 Municipalities notified of public hearing Economic Prosperity Committee 7/9/2015 5/19/2015

Board of County Commissioners 5/19/2015 Tentatively scheduled for a public hearing Economic Prosperity Committee 7/9/2015

Board of County Commissioners 5/19/2015 4B Adopted on first reading 7/9/2015 P
REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Economic Prosperity Committee meeting on Thursday, July 9, 2015 at 2:00 p.m.

Board of County Commissioners 5/11/2015 Requires Municipal Notification Economic Prosperity Committee 7/9/2015

County Attorney 5/7/2015 Referred Economic Prosperity Committee 7/9/2015

County Attorney 5/7/2015 Assigned Estephanie S. Resnik 5/11/2015

Legislative Text


TITLE
ORDINANCE AMENDING ARTICLE XXXI OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA TO LOCALLY ADOPT THE SPIRIT UNDERLYING THE PRINCIPLES OF THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN, AN INTERNATIONAL TREATY; AMENDING SECTION 2-477 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA TO AUTHORIZE THE COMMISSION AUDITOR TO GATHER DATA REGARDING ECONOMIC DEVELOPMENT, HEALTH AND SAFETY, AND EDUCATION OF WOMEN IN MIAMI-DADE COUNTY; AMENDING SECTION 2-269 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA TO AUTHORIZE THE MIAMI-DADE COUNTY COMMISSION FOR WOMEN TO ANALYZE SUCH DATA AND TO REPORT TO THIS BOARD; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, the Convention on the Elimination of All Forms of Discrimination Against Women (“Convention”), a human rights treaty promoting gender equity, was adopted by the United Nations General Assembly in 1979; and
WHEREAS, the Convention requires member parties to undertake to eliminate discrimination against women in all its forms, including but not limited to in the areas of economic development, health and safety, and education; and
WHEREAS, more than 140 countries are party to the Convention, including Canada, Australia, Azerbaijan, Bangladesh, Mexico, Mongolia, China and the United Kingdom; and
WHEREAS, the United States Senate Foreign Relations Committee voted in July 2002 to recommend ratification of the Convention, but the Convention has never come before the full Senate for a vote; and
WHEREAS, the United States Census indicates a persistent wage gap between men and women, and a perpetual difference not only between the wages women are paid compared to those of men, but also the wages that women of different races are paid compared to their white, male counterparts; and
WHEREAS, the United States Census reports that white women are paid 78 cents to every dollar white males make, and Hispanic women are paid 56 cents for every dollar their white, male counterparts make; and
WHEREAS, a number of cities in the United States have adopted local legislation reflecting the principles underlying the Convention to better inform local policy and empower communities to make the policy changes necessary to lift more women out of poverty and violence; and
WHEREAS, pursuant to Section 11A-1 of the Code of Miami-Dade County, it is the policy of Miami-Dade County “to eliminate and prevent discrimination in employment, family leave, public accommodations, credit and financing practices, and housing accommodations” because of various statuses, including but not limited to sex, pregnancy, marital status, and familial status; and
WHEREAS, this Board has passed a number of ad-hoc resolutions over the years addressing the status of women, including Resolution No. 998-14, directing the County Mayor or Mayor’s designee to conduct a complete and thorough analysis of payroll data for Miami-Dade County government employees to identify whether there are any pay disparities within any employee classification for which no explanation exists other than differences in employee gender; and
WHEREAS, this proposed ordinance monitors comprehensively the status of women and girls in health, education and economic development, providing an annual analysis that compares growth, advancement, and amelioration; and

WHEREAS, comparing data and indicators year-by-year will enable this Board to better gauge whether current legislation relating to or having an impact on gender equity is effective and whether more needs to be done in any area; and
WHEREAS, pursuant to Section 2-477(5) of the Code of Miami-Dade County, the Commission Auditor is empowered to provide information to the Board of County Commissioners “whenever required regarding any subject relating to the affairs of the County;” and
WHEREAS, pursuant to Section 2-269 of the Code of Miami-Dade County, the Commission for Women is empowered to make a “continuing study of all existing” County institutions and programs dealing with or affecting women, as well as to make studies and have studies made regarding discrimination against women employees “and attributable changes towards women in the community[;]” and
WHEREAS, pursuant to Section 2-269(a) of the Code of Miami-Dade County, the Miami-Dade County Commission for Women (“Commission for Women”) serves “in an advisory capacity to the County Commission, the County administration, the community, and all agencies and persons in Miami-Dade County, Florida, in respect to all matters pertaining to the status of women, including but not limited to discrimination against women, employment of women, [and] education of women[;]” and
WHEREAS, this Board desires that the Commission Auditor shall annually gather and provide to the Commission for Women data regarding the status of women in Miami-Dade County in the areas of economic development, health and safety, and education; and
WHEREAS, this Board desires that the Commission for Women shall study the data and annually report on its analysis and recommendations based on the data to this Board and to the County Mayor, as well as make its report available to the public,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:

Section 1. Article XXXI, Section 2-271 of the Code of Miami-Dade County, Florida, is hereby amended as follows:1
>>ARTICLE XXXI. CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN.

Sec. 2-271. Policy.

It is the goal of Miami-Dade County to adopt the spirit underlying the principles of the Convention on the Elimination of All Forms of Discrimination Against Women (commonly referred to as “CEDAW” and hereinafter referred to as “Convention”). The Convention, a human rights treaty adopted by the United Nations General Assembly in 1979, aims to eliminate all discrimination against women around the world, including but not limited to in the areas of economic development, health and safety, and education. Miami-Dade County finds a need to gather data locally and provide analysis annually to study gender equity in Miami-Dade County. “Gender Equity Data” shall be defined as information collected to identify disparities existing between women and men throughout Miami-Dade County and shall include, to the extent permitted by law, information regarding sex, race, sexual orientation, immigration status, parental status, disability, and age.

Secs. 2-272—2-277. Reserved.<<

[[ARTICLE XXXI. RESERVED

Secs. 2-271—2-277. Reserved.]]

Section 2. Section 2-477 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec. 2-477. Scope of Authority.

The Commission Auditor shall, to the extent provided for in the annual work program, perform the following functions and be charged with the following responsibilities on behalf of the Commission:

* * *

10. To make periodic reports to the Commission which shall include, but not be limited to, the following:
a. To determine whether departments, agencies and entities of the County have complied with the fiscal and legislative policies of the Commission;
b. To provide information on proposals that could adversely affect the County including, but not limited to, the County’s credit rating;
c. To report matters and make recommendations concerning the effectiveness and efficiency of programs and the operation of the County;
d. To be empowered to take exception to improper specific expenditures incurred by any County department, agency or entity; and

>>11. In furtherance of the Commission’s policy set forth in Section 2-271 of the Code of Miami-Dade County, the Office of the Commission Auditor shall gather and provide Gender Equity Data, as such term is defined in Section 2-271 of the Code of Miami-Dade County, annually to the Miami-Dade County Commission for Women in the categories enumerated below.

a. Economic Development: As compared to men both within Miami-Dade County government and throughout Miami-Dade County, the numbers of women employed by industry, serving in high-level or executive positions, serving in low-wage positions, serving as heads-of-household, living in poverty; how salaries compare for men and women employed in the same or similar positions; gender balance on County advisory boards; and any other metrics or information deemed relevant and reasonably accessible by the Office of the Commission Auditor.




b. Health and Safety: Infant mortality and birth rates in Miami-Dade County; as compared to men, the number of women and girls with health insurance, with health conditions such as hypertension, with life-threatening conditions such as heart disease; the number of women and girls falling victim to sexual exploitation and human trafficking; the number of reported instances of rape and sexual assault; the amount of money and the types of funding sources spent assisting domestic violence victims and trying to prevent instances of domestic violence; Miami-Dade County government resources directed specifically at women and girls; and any other metrics or information deemed relevant and reasonably accessible by the Office of the Commission Auditor.
c. Education: As compared to men, the number of women dropping out of high school each year; the number of women with less than a high school education; with some college, with college degrees, with masters-level, doctorate and professional degrees; and any other metrics or information deemed relevant and reasonably accessible by the Office of the Commission Auditor.<<


[[11.]] >>12.<< The Commission Auditor shall serve as a voting member of any competitive selection committee convened for the purpose of recommending an external auditor to the Mayor or the Mayor’s designee. The Commission Auditor shall also be apprised by the Mayor or the Mayor’s designee of the activities of the external auditor and may monitor the conduct of, and responses to, external financial statement audits, and the resolution of audit findings. The Commission Auditor shall also work toward the elimination of duplicative audit work through cooperation with state, federal and external auditors, and the Clerk of the Circuit and County Courts when the Clerk is performing as auditor under Article V, Section 16 of the Florida Constitution and general laws of the State of Florida.



Section 3. Section 2-269 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec. 2-269. Duties and powers of the Commission.

The Commission shall have the following duties, functions, powers and responsibilities:

* * *

(g) To report at least annually to the County Commission on the Commission for Women’s accomplishments and priorities.

>>(h) To analyze Gender Equity Data provided annually by the Commission Auditor, pursuant to Section 2-477 of the Code of Miami-Dade County, regarding the economic development, health and safety, and education of women in Miami-Dade County and to report the Commission for Women’s analysis and recommendations based on Gender Equity Data annually to the County Mayor and to the County Commission, and to make the Commission for Women’s report available to the public.<<

[[(h)]] >>(i)<< To perform such other duties as may from time to time be assigned to it by resolution of the County Commission.



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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