Legislative Matter

Miami-Dade Legislative Item
File Number: 191535

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Clerk's Official Copy

File Number: 191535

File Type: Ordinance

Status: Adopted

Version: 0

Reference: 19-81

Control: Board of County Commissioners

File Name: RELATING DOMESTIC VIOLENCE OVERSIGHT

Introduced: 6/5/2019

Requester: NONE

Cost:

Final Action: 9/4/2019

Agenda Date: 9/4/2019

Agenda Item Number: 7H

Notes:

Title:

ORDINANCE RELATING TO THE DOMESTIC VIOLENCE OVERSIGHT BOARD; AMENDING SECTION 2-894 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING THAT THE BOARD OF COUNTY COMMISSIONERS OFFICE OF COMMUNITY ADVOCACY, RATHER THAN THE COUNTY MAYOR OR COUNTY MAYOR'S DESIGNEE, SHALL PROVIDE STAFF AND SUPPORT TO THE DOMESTIC VIOLENCE OVERSIGHT BOARD AND THAT THE CHAIRPERSON OF THE COUNTY COMMISSION SHALL HAVE THE POWER TO APPOINT, EMPLOY, REMOVE AND SUPERVISE SUCH STAFF AS DEEMED NECESSARY; REQUIRING THAT THE OFFICE OF COMMUNITY ADVOCACY PERFORM CERTAIN FUNCTIONS REGARDING THE DOMESTIC VIOLENCE OVERSIGHT BOARD; DIRECTING COUNTY MAYOR TO REVISE THE PROPOSED FISCAL YEAR 2019-20 BUDGET TO TRANSFER THE FUNDING, REVENUE AND POSITIONS FOR THE DOMESTIC VIOLENCE OVERSIGHT BOARD FROM THE HOMELESS TRUST TO THE BUDGET AND TABLE OF ORGANIZATION FOR THE BOARD OF COUNTY COMMISSIONERS OFFICE OF COMMUNITY ADVOCACY; PROVIDING SEVERABILITY, INCLUSION IN AND EXCLUSION FROM THE CODE, AND AN EFFECTIVE DATE

Indexes:

DOMESTIC VIOLENCE

Sponsors:	Rebeca Sosa, Prime Sponsor
	Esteban L. Bovo, Jr., Co-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	9/4/2019	7H	Adopted				P
REPORT:	First Assistant County Attorney Geri Bonzon-Keenan read the title of the foregoing proposed ordinance into the record. Chairwoman Edmonson opened the public hearing and called for persons wishing to speak on this item. There being no persons wishing to speak, Chairwoman Edmonson closed the public hearing. Commissioner Jordan pointed out the Office of Community Advocacy (OCA), which reported to the Board, directly operated shelters for domestic violence victims; however the creation of the Domestic Violence Oversight Board (DVOB) created a conflict inasmuch as the OCA reported to the Board and the DVOB currently operated under the Mayor's purview. Vice Chairwoman Sosa pointed out the DVOB had not supplied reports to the Board, provided guidelines, nor complied with the rules of their creation which specifically stated "This Oversight Board is a County Advisory Board charged with advising the Board of County Commission as to all issues that affect or relate to domestic violence." She recommended the shelters be placed under the purview of the Board. Commissioner Martinez opined the OCA did not have contract management experience and all boards under the OCA were supposed to be advisory. He explained he was informed the OCA only provided oversight at the shelters and a third party was contracted to perform the day to day operations. There being no further questions or comments, the Board proceeded to vote on the foregoing proposed ordinance as presented.

Public Safety and Rehabilitation Committee	7/15/2019	1G1	Forwarded to BCC with a favorable recommendation following a public hearing				P
REPORT:	Assistant County Attorney Michael Valdes read into the record the title of the foregoing proposed ordinance. Vice Chairman Diaz opened the public hearing. Seeing no one wishing to speak, the public hearing was closed. Commissioner Sosa thanked Ms. Elizabeth Regalado, Executive Director for the Domestic Violence Oversight Board (DVOB), Department of Homeless Trust and Mr. Miguel De Grandy for providing a comprehensive yearly plan to the Board of County Commissioners (Board). She indicated it was time to invest in domestic violence shelters for women and to place the DVOB under the Board’s purview, that way the line of communications was directly with the Board when there were needs; and to make sure funding for domestic violence was used for that purpose. In addition, Commissioner Sosa offered the following proposed amendments and indicated she was not sure if the proposed amendments could be part of this item or if another item would be prepared. The proposed amendments were as follows: (1)…a yearly report card from the DVOB submitted to the Board on the proper use of the funding. (2)…; a public presentation to the Board on how the funding has been used. (3) … and the year audited on the commission auditor. Commissioner Sosa noted the Board’s approval for construction of the shelter and the DVOB working more directly with the Board would ensure the second shelter was completed. Commissioner Sosa mentioned a legislative item was forth-coming to educate the younger generation on how to identify the early signs of domestic violence in order to combat it. Assistant County Attorney Brenda Kuhns stated the County Attorney’s office would prepare the additional legislation to reflect those items mentioned by Commissioner Sosa. Hearing no further questions or comments, the members of the Public Safety and Rehabilitation Committee proceeded to vote on the foregoing proposed ordinance as presented.

Board of County Commissioners	6/18/2019		Tentatively scheduled for a public hearing	Public Safety and Rehabilitation Committee	7/15/2019

Board of County Commissioners	6/18/2019	4E	Adopted on first reading		7/15/2019		P
REPORT:	County Attorney Abigail Price-Williams read into the record the title of the foregoing proposed ordinance. Commissioner Bovo requested to be listed as a co-sponsor. Hearing no other comments or objections, the members of the Board proceeded to vote on the foregoing ordinance by roll call. The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Public Safety and Rehabilitation (PSR) Committee meeting to be held on Monday, July 15, 2019, at 9:30 a.m.

County Attorney	6/5/2019		Referred	Public Safety and Rehabilitation Committee	7/15/2019

County Attorney	6/5/2019		Assigned	Brenda Kuhns Neuman		6/11/2019

Legislative Text

TITLE
ORDINANCE RELATING TO THE DOMESTIC VIOLENCE OVERSIGHT BOARD; AMENDING SECTION 2-894 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING THAT THE BOARD OF COUNTY COMMISSIONERS OFFICE OF COMMUNITY ADVOCACY, RATHER THAN THE COUNTY MAYOR OR COUNTY MAYOR'S DESIGNEE, SHALL PROVIDE STAFF AND SUPPORT TO THE DOMESTIC VIOLENCE OVERSIGHT BOARD AND THAT THE CHAIRPERSON OF THE COUNTY COMMISSION SHALL HAVE THE POWER TO APPOINT, EMPLOY, REMOVE AND SUPERVISE SUCH STAFF AS DEEMED NECESSARY; REQUIRING THAT THE OFFICE OF COMMUNITY ADVOCACY PERFORM CERTAIN FUNCTIONS REGARDING THE DOMESTIC VIOLENCE OVERSIGHT BOARD; DIRECTING COUNTY MAYOR TO REVISE THE PROPOSED FISCAL YEAR 2019-20 BUDGET TO TRANSFER THE FUNDING, REVENUE AND POSITIONS FOR THE DOMESTIC VIOLENCE OVERSIGHT BOARD FROM THE HOMELESS TRUST TO THE BUDGET AND TABLE OF ORGANIZATION FOR THE BOARD OF COUNTY COMMISSIONERS OFFICE OF COMMUNITY ADVOCACY; PROVIDING SEVERABILITY, INCLUSION IN AND EXCLUSION FROM THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, the Miami-Dade County (�County�) Domestic Violence Oversight Board (�DVOB�) is a County advisory board charged with, among other things, advising this Board as to all issues that affect or relate to domestic violence; and
WHEREAS, the responsibilities of the DVOB include submitting to this Board a comprehensive plan, budget and specific recommendations for use of the portion of the Food and Beverage Tax (the �Tax�) proceeds collected in accordance with section 212.0306, Florida Statutes, and dedicated to the provision of domestic violence shelters; and
WHEREAS, the DVOB is further tasked with annually updating the comprehensive plan and reporting on the programs and services undertaken by the DVOB during the previous fiscal year; and
WHEREAS, the Homeless Trust currently provides the DVOB staff support, having been designated by the County Mayor and pursuant to section 2-894 of the Code of Miami-Dade County, Florida; and
WHEREAS, this Board desires to utilize the resources of the Office of Community Advocacy, an office that is under and reports directly to the Board of County Commissioners, to provide adequate staff and support to the DVOB in its role as an oversight board as to the Tax and an advisory board to this Board on all matters relating to domestic violence; and
WHEREAS, this Board wishes to amend the ordinance establishing the DVOB as well as revise the County�s proposed Fiscal Year 2019-20 budget in order to transfer the responsibility of providing staff support for the DVOB from the County Mayor or County Mayor's designee to the Board of County Commissioners Office of Community Advocacy,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 2-894 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Sec. 2-894. Staff Support.

The >>Office of Community Advocacy, an office that is under and reports directly to the Board of County Commissioners, or its successor office<< [[County Mayor shall provide staff to record all meetings of the board; and the County Mayor]] shall provide to the board adequate staff and support services [[, through the Homeless Trust, or other department as designated by the County Mayor,]] to enable the board to carry out its duties and responsibilities. >>Among such other duties and responsibilities, the Office of Community Advocacy shall ensure the board�s membership roster is current, shall take minutes of the board�s meetings, and shall post such minutes online. The Chairperson of the County Commission shall have the power to appoint, employ, remove and supervise such staff as deemed necessary to provide appropriate staff and support to the board, including an executive director, who shall serve at the will of the Chairperson of the County Commission.<<

Section 2. The County Mayor is directed to revise the proposed Fiscal Year 2019-20 budget to transfer the necessary funding, revenue and positions for the DVOB from the Homeless Trust to the budget and table of organization for the Board of County Commissioners Office of Community Advocacy.
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 1 of this ordinance 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 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.