Legislative Matter

Miami-Dade Legislative Item
File Number: 170893

Printable PDF Format

Clerk's Official Copy

File Number: 170893

File Type: Ordinance

Status: Adopted

Version: 0

Reference: 17-31

Control: County Commission

File Name: CLERK REPORT TO BOARD ANNUALLY COMPOSITION OF COUNTY BOARDS

Introduced: 4/4/2017

Requester: NONE

Cost:

Final Action: 6/6/2017

Agenda Date: 6/6/2017

Agenda Item Number: 7B

Notes:

Title:

ORDINANCE AMENDING SECTION 2-11.40 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA RELATING TO REVIEW OF BOARDS; REQUIRING THAT THE CLERK OF THE BOARD ANNUALLY REPORT THE GENDER COMPOSITION OF ALL COUNTY BOARDS TO THE BOARD OF COUNTY COMMISSIONERS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

Indexes:

BOARD MEMBERS

Sponsors:

Daniella Levine Cava, Prime 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	6/6/2017	7B	Adopted				P

Public Safety and Health Committee	5/10/2017	1G1	Forwarded to BCC with a favorable recommendation				P
REPORT:	Assistant County Attorney Gerald Sanchez read the title of the foregoing proposed ordinance; and Item 1G1 Supplement into the record. Chairwoman Heyman opened the public hearing and called for persons wishing to be heard on the foregoing proposed ordinance. Ms. Marie Woodson, 7443 Arthur Street, Hollywood Florida 33024, Chairwoman, Miami-Dade County Commission for Women, appeared before the Committee in support of the foregoing proposed ordinance. She acknowledged her colleagues Ms. Belinda Leon, and Ms. Tara Leighton. Ms. Woodson thanked Commissioner Levine Cava for sponsoring the foregoing proposed ordinance; and the Committee members for their support. She recalled the County Commission had passed a resolution in 1992, calling for County Boards to be reasonably balanced by gender; however, the gender equity data compiled by Florida International University (FIU) Metropolitan Center for its 2016 Status of Women report showed that women comprised only 32 percent of County Advisory Board members. Moreover, Ms. Woodson said of the 79 County Boards, only 15 or 19 percent had 50 percent or more women. She noted when the Financial Recovery Board for Jackson Health System was established in 2011, only men were being appointed, until Mayor Gimenez appointed a woman to the board, and the Commission for Women was very instrumental in that appointment. Ms. Woodson said the Charter Review Task Force was faced with a similar situation, where of the 15 members on the Task Force, six had already been appointed, all of whom were men. She pointed out the appointments were almost half way through, and yet no women were appointed. Ms. Woodson advised the Commission for Women did not wish the Task Force to be faced with a similar appointment issue as the Financial Recovery Board. Ms. Woodson noted the foregoing proposed ordinance was one of the Commission for Women’s recommendations pursuant to the Convention on the Elimination of all Forms of Discrimination Against Women recommendations. She opined that in order to better enforce the 1992 Gender Balance Resolution, an annual report provided by the Clerk of the Board would inform the County Commission on the status of gender balance on County boards; and would also serve as a reminder to Commissioners when they made their next appointment Seeing no one else wishing to speak, Chairwoman Heyman closed the public hearing. Commissioner Levine Cava thanked Ms. Woodson; Ms. Laura Morilla, Executive Director, Commission on Women; and other Board members. She noted the Commission for Women endorsed the report and the resolution to address inequality of women in Miami-Dade County; which made her proud of their leadership. Commissioner Levine Cava also thanked Ms. Woodson for her comment regarding board composition and the Charter Review Task Force. She advised the County Commission had seven remaining appointments to the Charter Review Task Force, and urged her colleagues to make appointments if they had not yet done so. Commissioner Levine Cava noted there were a number of recommendations that was on the first report from the legislation to end all forms of discrimination against women; one of which was gender balance on County boards. She pointed out the proposed ordinance was the first substantive legislation coming forward, as a result of the original gender balance resolution that was unanimously adopted; and of the first annual report that was produced. Commissioner Levine Cava said Miami-Dade County was the first County in the nation to become a signatory to the Convention on the Elimination of all Forms of Discrimination Against Women ; and would address gender equity wherever possible. She noted it was the first within the Commission’s control, to oversee gender balance of the County Board appointments. Commissioner Levine Cava highlighted there were 79 boards in Miami Dade County and only 15 or 19 percent had more than 50 percent female representation; however, women composed 51.5 percent of the population. She added that women were better educated, had more years of schooling, and that qualified women to serve on these boards. Commissioner Levine Cava noted the foregoing proposed ordinance would fulfill the first recommendation from the report. Commissioner Diaz thanked Ms. Belinda Leon, his appointeeto the Commission for Women, for serving and doing an exceptional job. He indicated that he appointed a woman to the Charter Review Task Force; and that his staff was comprised of all women. Chairwoman Heyman noted another critical issue was the lack of quorum for County oards; and there was a solicitation for more women to engage in volunteering for County Boards. Hearing no further questions or comments, the Committee proceeded to vote on the foregoing

Board of County Commissioners	4/18/2017		Tentatively scheduled for a public hearing	Public Safety and Health Committee	5/10/2017

Board of County Commissioners	4/18/2017	4B	Adopted on first reading		5/10/2017		P
REPORT:	County Attorney Abigail Price Williams read the foregoing proposed ordinance for first reading into the record. Hearing no questions or comments, the Board proceeded to vote to adopt the foregoing proposed ordinance for first reading, as presented. The foregoing proposed ordinance was adopted on first reading and scheduled for a public hearing before the Public Safety and Health Committee (PSHC) meeting on Wednesday, May 10, 2017, at 1:30 p.m.

County Attorney	4/4/2017		Referred

County Attorney	4/4/2017		Assigned	Monica Rizo

Legislative Text

TITLE
ORDINANCE AMENDING SECTION 2-11.40 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA RELATING TO REVIEW OF BOARDS; REQUIRING THAT THE CLERK OF THE BOARD ANNUALLY REPORT THE GENDER COMPOSITION OF ALL COUNTY BOARDS TO THE BOARD OF COUNTY COMMISSIONERS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, on September 1, 2015, this Board, pursuant to Ordinance No. 15-87 (�CEDAW Ordinance�), adopted the spirit underlying the principles of the Convention on the Elimination of All Forms of Discrimination Against Women (commonly referred to as �CEDAW�); and
WHEREAS, the CEDAW Ordinance required the Office of the Commission Auditor to gather information to identify disparities existing between men and women throughout Miami-Dade County, including to the extent permitted by law, information on sex, race, sexual orientation, immigration status, parental status, disability, and age (�Gender Equity Data�) and to provide such Gender Equity Data annually to the Miami-Dade County Commission for Women (�Commission for Women�); and
WHEREAS, specifically, the CEDAW Ordinance required that the Gender Equity Data include the categories of economic development, health and safety and education; and
WHEREAS, the Commission for Women, in turn, was to analyze the Gender Equity Data provided and to provide its analysis and recommendations annually to the County Mayor and to this Board via a report, which report would be made available to the public; and
WHEREAS, in 2016, Florida International University (�FIU�) compiled the Gender Equity Data and provided same to the Commission for Women and, on December 6, 2016, the Commission for Women issued its report and recommendations regarding same; and
WHEREAS, the Gender Equity Data compiled by FIU revealed that women comprise only 32 percent of board members in county committees; and
WHEREAS, the Gender Equity Data compiled by FIU revealed that of the 79 boards in existence for Miami-Dade County, only 15 or 19 percent have more than 50 percent female representation; and
WHEREAS, the Gender Equity Data compiled by FIU revealed that women comprise 51.5 percent of the population of Miami-Dade County; and
WHEREAS, accordingly, the first recommendation issued by the Commission for Women in its report was that there should be stronger enforcement of Resolution No. R-536-92, which calls for membership on County advisory boards to be reasonably balanced by gender to the practical extent feasible, and that the Clerk of the Board should report the gender composition of all County boards to the Board of County Commissioners on an annual basis; and
WHEREAS, this Board desires to implement the recommendation that there be an annual reporting requirement regarding gender composition of County boards; and
WHEREAS, based on FIU�s assessment of current board membership, county boards have not achieved the gender balance that the 1992 resolution mandated,

BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 2-11.40 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Sec. 2-11.40. � �Sunset� Review of Boards.

Commencing with calendar year 2001 the initial board program category shall be reviewed and every year thereafter in the following manner:
(a) By February 1, 2001 and by February 1 each year thereafter, each board's chairperson shall submit a report, approved by the board, to the County [[Manager]] >>Mayor<< setting forth the following information concerning the board:
(1) Whether the board is serving the purpose for which it was created.
(2) Whether the board is serving current community needs.
(3) A list of the board's major accomplishments.
(4) Whether there is any other board, either public or private, which would better serve the function of the board.
(5) Whether the ordinance creating the board should be amended to better enable the board to serve the purpose for which it was created.
(6) Whether the board's membership requirements should be modified.
(7) The cost, both direct and indirect, of maintaining the board.
(8) Whether the County board is meeting performance measures developed to determine their effectiveness in achieving stated goals.

(b) By March 15, 2001 and by March 15, each year thereafter, the County [[Manager]] >>Mayor<< shall deliver to the Board of County Commissioners the report submitted by the chairperson of each board, pursuant to subsection (a) of this section, together with the recommendation or comments that the County [[Manager]] >>Mayor<< submits.

(c) By April 15, 2001 and by April 15 each year thereafter, the chairperson shall make an oral presentation to the Board of County Commissioners should it be the desire of the Board. Said presentation shall be based upon the report set forth in subsection (a) above. The Board of County Commissioners shall evaluate the chairperson's report, the County [[Manager]] >>Mayor�s<< recommendations and any other information it deems relevant to determine whether the board shall continue in its present form.

(d) The Board of County Commissioners shall determine whether to abolish, continue, consolidate or modify the board.

(e) At the conclusion of this review process, affected County departments must follow up on the Board of County Commissioners' action and, if necessary, prepare the appropriate legislation to abolish, consolidate or modify a board if it is not continued in its present form.

(f) [[Reserved.]] >>By March 15, 2018 and by March 15 each year thereafter, the Clerk of the Board shall deliver to the Board of County Commissioners a written report setting forth the gender composition of each County board then in existence. The Clerk of the Board shall submit its report for placement on an agenda of a meeting of the Board of County Commissioners.<<

(g) The following board categories shall be reviewed in the following years and every other year thereafter:
(i) 2001: Policy Formulation, General Government, Internal Support, Culture and Recreation, and Physical Environment
(ii) 2002: Protection of People and Property, Transportation, and Health and Human Services

(h) All existing and newly created boards shall be administratively placed in the appropriate program category under subsection (g) above.

(i) Any proposed Miami-Dade County ordinance or resolution creating a board must be accompanied by a report from the County [[Manager]] >>Mayor�s<< Office setting forth the following information concerning the board:

(1) Whether there is a need for the proposed board.
(2) Whether the purpose of the proposed board could be accomplished in any other manner.
(3) The cost both direct and indirect of creating and maintaining such a board.
(4) A clear statement of the mission, desired outcomes and strategies for accomplishing such outcomes, and performance measures to assess whether such outcomes are being achieved. Such outcomes specified shall be measurable, concrete and specific.
(5) A date when the ordinance creating the board shall be repealed, contingent upon the completion of a review by the County [[Manager]] >>Mayor<< and the Board of County Commissioners prior to said repeal date, to determine its effectiveness in achieving stated goals and to revise or modify program components for the full achievement of said goals. No board shall be created whose date for repeal is greater than five (5) years from the effective date of the enacting ordinance.

(j) Any and all boards created pursuant to state or federal law shall be exempt from the requirements of Sec. 2-11.40.

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.