TITLE
ORDINANCE RELATING TO COUNTY BOARDS; AMENDING SECTION 2-11.38 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; REQUIRING CLERK OF THE BOARD TO NOTIFY COUNTY COMMISSIONERS WHEN ANY POSITION ON A COUNTY BOARD BECOMES VACANT; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, section 2-11.38 of the County Code sets forth certain requirements for membership on County boards, including that a person cannot serve on a County board if such person: (1) ceases to reside in the County, unless such requirement is waived by two-thirds vote of the Board; (2) files a lawsuit against the County challenging Board policy, unless such requirement is waived by two-thirds vote of the Board; (3) qualifies as a candidate for elective political office; (4) already serves on another County board, unless the Board unanimously approves service on an additional County board, subject to certain limitations; or (5) fails to file a required financial disclosure; and
WHEREAS, in addition to the circumstances listed above, positions on County boards may become vacant for other reasons, such as resignation, excessive absenteeism, or expiration of term; and
WHEREAS, however, the County Code only requires County Commissioners to be provided notice when some of those circumstances occur rather than every time a vacancy occurs; and
WHEREAS, this Board wishes to amend the Code to ensure that County Commissioners are appropriately notified every time a vacancy on a County board occurs,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. The foregoing recitals are approved and incorporated herein.
Section 2. Section 2-11.38 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Sec. 2-11.38. Membership on boards.
(a) Residency requirement. All members of County boards shall be permanent residents and electors of Miami-Dade County unless the Board of County Commissioners, by a two-thirds vote of its membership, waives this requirement, and should have reputations for integrity and community service.
(b) Demonstrated interest.
(i) All board members should have demonstrated an interest in the field, activity, or sphere covered by the board.
(ii) Each board shall include at least one (1) person whose livelihood does not depend on the area regulated, administered, or dealt with by the board.
(c) >>Vacancies.<<[[Vacancy for cessation of residency.]]
(i) >>Vacancy for cessation of residency.<< Unless the Board of County Commissioners by two-thirds vote of its membership waives the residency requirement, any member of County boards who ceases to be a resident of Miami-Dade County during the term of his or her office shall immediately advise the County Commissioner who nominated or appointed the board member and the Clerk of the Board of County Commissioners (the "Clerk").
[[(ii)]] Upon being advised by the Clerk of such circumstances, the Board of County Commissioners shall declare the position to be vacant and shall promptly fill the same pursuant to the provisions of Section 2-11.38.1.
>>(ii) Notification of vacancies. If any position on a County board subject to individual commissioner appointment becomes vacant, the Clerk shall immediately provide notice of such vacancy to the relevant appointing County Commissioner, or his or her successor. If any position on a County board subject to appointment by the full County Commission becomes vacant, the Clerk shall immediately provide notice of such vacancy to the Chair of the Commission and each County Commissioner. In addition, the Clerk shall provide each County Commissioner with a quarterly report of all current vacancies on County boards.<<
(d) Considerations for board membership.
(i) The primary consideration in appointing board members shall be to provide the board with the needed technical, professional, financial, business or administrative expertise.
(ii) The membership of each board should be representative of the community at large and should reflect the gender, racial, ethnic and cultural make-up of the community.
* * *
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 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 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.