Legislative Matter

Miami-Dade Legislative Item
File Number: 151579

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File Number: 151579

File Type: Ordinance

Status: Amended

Version: 0

Reference:

Control: Board of County Commissioners

File Name: WRITTEN STATEMENT PROVIDED ON ORDINANCE

Introduced: 7/1/2015

Requester: NONE

Cost:

Final Action:

Agenda Date: 9/1/2015

Agenda Item Number: 7B

Notes:

RULES OF PROCEDURES. SEE 152162 FOR FINAL VERSION AS ADOPTED. ALSO SEE 150909

Title:

ORDINANCE RELATING TO THE RULES OF PROCEDURE OF THE BOARD OF COUNTY COMMISSIONERS; AMENDING SECTION 2-1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; REQUIRING THE COUNTY MAYOR TO PROVIDE A WRITTEN SOCIAL EQUITY STATEMENT REGARDING ANY PROPOSED COUNTY ORDINANCE AND PLACE SUCH STATEMENT ON AN AGENDA WITH THE PROPOSED ORDINANCE PRIOR TO PUBLIC HEARING ON THE ORDINANCE; SETTING FORTH EXCEPTIONS; REQUIRING THE MAYOR TO TAKE CERTAIN ACTIONS AFTER PROVISION OF THE SOCIAL EQUITY STATEMENT; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 150909]

Indexes:

FISCAL IMPACT

Sponsors:	Daniella Levine Cava, Co-Prime Sponsor
	Jean Monestime, Co-Prime Sponsor
	Barbara J. Jordan, Co-Prime Sponsor
	Audrey M. Edmonson, 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	7B	Amended
REPORT:	See Agenda Item 7B Amended, Legislative File No. 152162 for the amended version

Board of County Commissioners	7/14/2015	7A	Deferred		9/1/2015		P
REPORT:	First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. It was moved by Commissioner Levine Cava that the foregoing proposed ordinance be adopted, as presented. This motion was seconded by Commissioner Jordan, followed by discussion. Commissioner Sosa pointed out that a social equity statement was very subjective in nature. She questioned how such a statement would be written. Ms. Lourdes Gomez, Deputy Director, Regulatory and Economic Resources (RER), noted at the Committee level the item was amended to limit the scope of the social equity statement to information that was currently available to the Administration at the time of the policy recommendation. Commissioner Sosa noted the proposed ordinance provided that the social equity statement would “identify the possible non-monetary benefits and burdens of the policy and describe how those benefits and burdens would be distributed throughout the community.” She said that she did not understand the item and inquired what would be distributed throughout the community. Ms. Gomez noted the intent of the item was not to redistribute anything, but rather to evaluate the social equity impact of a proposed policy. She provided a tangible example involving the requirement that restaurateurs install grease traps. In response to Chairman Monestime’s question as to whether the foregoing proposed ordinance would redistribute money from one group of residents to another, Ms. Gomez clarified that it would not. Commissioner Sosa pointed out the discrepancy between Ms. Gomez’ explanations and the language of the proposed ordinance. She asked whether it would be possible to eliminate from this proposal the language regarding the distribution of monetary costs. Assistant County Attorney Cynthia Johnson Stacks suggested that the word “costs” be eliminated from the proposed ordinance and replaced with the words “benefits or burdens”. Commissioner Sosa noted she objected to the language “… describing how those increased or decreased monetary costs would be distributed throughout the community”, and suggested that it be eliminated. Chairman Monestime suggested that the word “costs” be eliminated and replaced with the word “impact.” Commissioner Levine Cava noted this item was drafted pursuant to the discussions in the Chairman’s Council for Prosperity Initiatives. She explained that the item sought to distribute the impact of a proposed policy throughout the community. Commissioner Sosa suggested the following language: “… describing how those increased or decreased impacts will affect the community.’ Commissioner Diaz noted this item seemed utopic. He said it was difficult to understand it, noting it was inevitable that any given policy would negatively impact a portion of the community. Deputy Mayor Ed Marquez explained that as the Administration evaluated each item, staff would have to determine its impact. He said he feared that this policy would delay consideration of some items by the Board. Assistant County Attorney Johnson-Stacks advised that the type of analysis that would be required would not result in liability to the County. She noted the item’s intent was the provision of more information to the Board members to allow them to understand its social equity impact. Hearing no further questions or comments, the Board proceeded to vote to defer the foregoing proposed ordinance to the next meeting. The foregoing proposed resolution was deferred to the Board of County Commissioners' meeting scheduled to be held on September 1, 2015.

County Attorney	7/1/2015		Assigned	Cynthia Johnson-Stacks

Economic Prosperity Committee	6/11/2015	1G1 AMENDED	Forwarded to BCC with a favorable recommendation with committee amendment(s)				P
REPORT:	Assistant County Attorney Cynthia Johnson-Stacks read the foregoing proposed ordinance into the record. She noted that the co-prime sponsors proposed amending the item to: 1. To insert the following whereas clause, “WHEREAS, the social equity statement shall be based on information that is currently available and known by the administration” on handwritten page four of the revised memorandum, to read as follows: “WHEREAS, the provision of a social equity statement identifying these impacts would encourage a healthy, well-informed debate when ordinances are considered and will assist the Board and the public in determining the possible effects of the Board’s legislative decisions; and WHEREAS, the social equity statement shall be based on information that is currently available and known by the administration;” 2. To add a new subsection (4) on handwritten page five, which shall read as follows: “(4) The social equity statement shall be based on information that is currently available and known by the administration.” Chairman Suarez opened the public hearing and upon seeing no one appear closed the public hearing. There being no questions or comments, the Committee forwarded the foregoing proposed ordinance to the BCC with a favorable recommendation with Committee amendments to: insert the following whereas clause, “WHEREAS, the social equity statement shall be based on information that is currently available and known by the administration” on handwritten page four of the revised memorandum, to read as follows; “WHEREAS, the provision of a social equity statement identifying these impacts would encourage a healthy, well-informed debate when ordinances are considered and will assist the Board and the public in determining the possible effects of the Board’s legislative decisions; and WHEREAS, the social equity statement shall be based on information that is currently available and known by the administration;” and to add a new subsection (4) on handwritten page five, which shall read as follows: “(4) The social equity statement shall be based on information that is currently available and known by the administration.” Commissioner Edmonson requested she be added as a co-sponsor.

Legislative Text

TITLE
ORDINANCE RELATING TO THE RULES OF PROCEDURE OF THE BOARD OF COUNTY COMMISSIONERS; AMENDING SECTION 2-1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; REQUIRING THE COUNTY MAYOR TO PROVIDE A WRITTEN SOCIAL EQUITY STATEMENT REGARDING ANY PROPOSED COUNTY ORDINANCE AND PLACE SUCH STATEMENT ON AN AGENDA WITH THE PROPOSED ORDINANCE PRIOR TO PUBLIC HEARING ON THE ORDINANCE; SETTING FORTH EXCEPTIONS; REQUIRING THE MAYOR TO TAKE CERTAIN ACTIONS AFTER PROVISION OF THE SOCIAL EQUITY STATEMENT; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY

WHEREAS, prior to the public hearing on any ordinance to be considered by the Board of County Commissioners (the �Board�), other than an emergency or budget ordinance, the County Mayor is required by Rule 4.01(s) of the Board�s Rules of Procedure to prepare a written statement setting forth the fiscal impact of the proposed ordinance and submit it with the ordinance as a part of the agenda; and
WHEREAS, in accordance with the requirements of this rule, the Mayor routinely prepares statements describing the fiscal impact that ordinances proposed by the Board would have on Miami-Dade County government; and
WHEREAS, a County ordinance also could potentially increase or decrease the monetary costs borne by the citizens of the County by affecting housing affordability, public and private employment opportunities, wages and benefits, and the cost of living, among other things; and
WHEREAS, furthermore, a County ordinance could potentially unfairly distribute the non-monetary benefits or burdens of the ordinance throughout the community; and
WHEREAS, in these difficult economic times, it is important that the Board of County Commissioners advisedly consider these impacts that a proposed County ordinance could have on the public; and
WHEREAS, the provision of a social equity statement identifying these impacts would encourage a healthy, well-informed debate when ordinances are considered and will assist the Board and the public in determining the possible effects of the Board�s legislative decisions >>; and
WHEREAS, the social equity statement shall be based on information that is currently available and known by the administration<< ,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. The above recitals are incorporated in this ordinance.
Section 2. Section 2-1 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec. 2-1. RULES OF PROCEDURE OF THE COUNTY COMMISSION.

* * *

PART 4. COMMITTEES

Rule 4.01. COMMITTEES.

* * *

>>(t) SOCIAL EQUITY STATEMENT REQUIRED FOR ORDINANCES; EXCEPTIONS.

(1) Prior to the public hearing on any ordinance, the Mayor shall prepare a written social equity statement (a) identifying the possible non-monetary benefits and burdens of the policy to be implemented by the proposed ordinance and describing how those benefits and burdens would be distributed throughout the community (e.g., geographically, demographically, by income levels, etc.), and (b) identifying the possible increase or decrease in monetary costs anticipated to be borne by the residents of the County if the proposed ordinance is adopted and describing how those increased or decreased monetary costs would be distributed throughout the community (e.g., geographically, demographically, by income levels, etc.) (�social equity statement�). No public hearing on any ordinance shall be held, if the social equity statement is not submitted with the ordinance as part of the agenda.

(2) If the Mayor initially determines that an ordinance has no social equity impact, but later determines that the ordinance does have a social equity impact (such as during the process of implementation), then the Mayor shall so advise the Board in a memorandum. Additionally, if, due to the social equity impact of an ordinance, the Mayor has not fully implemented all or any part of the program or policy provided for in an ordinance within one year of the effective date, or such other date as set forth in the ordinance, then the Mayor shall so advise the Board in a memorandum. Notwithstanding the foregoing, nothing in this rule shall be construed to authorize the Mayor not to comply with the policy direction contained in an ordinance without Board approval.

(3) The Mayor shall not be required to provide a social equity statement for budget or emergency ordinances.<<

>>(4) The social equity statement shall be based on information that is currently available and known by the administration.<<

[[(t)]]>>(u)<< PROCUREMENT ITEMS. Provided public notice, public hearing and other legal requirements can be met, and notwithstanding and prevailing over any provision to the contrary, all items approved at committee meetings recommending or rejecting award of contracts for public improvements, and purchases of supplies, materials, and services, including professional services, shall be placed on the agenda of the next regularly scheduled Board of County Commissioners meeting, unless placed on the agenda of a special meeting held sooner than the next regularly scheduled Board of County Commissioners meeting or unless the chairperson of the commission deems it necessary to place the item on another agenda.

[[(u)]]>>(v)<< Upon completion of any report prepared pursuant to a motion or other action of a committee of the Board of County Commissioners, such report shall be placed on an agenda for review by the requesting committee and the Board of County Commissioners, notwithstanding any statement to the contrary in the motion or other action of the committee. For purposes of this ordinance, a report is deemed to include any oral or written document of any kind, including a feasibility study, that is intended to communicate information requested by resolution, motion or other action of a committee of the Board of County Commissioners. This ordinance shall not apply to reports provided pursuant to requests for information made by individual County Commissioners or memoranda from the Office of the County Attorney.

Section 3. 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 4. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of Section 2 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 5. 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 The differences between the substitute and the original item are indicated as follows: Words stricken through and/or [[double bracketed]] shall be deleted, words underscored and/or >>double arrowed<< are added.

2 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.