Legislative Matter

Miami-Dade Legislative Item
File Number: 220593

Clerk's Official Copy

File Number: 220593

File Type: Ordinance

Status: Adopted as amended

Version: 0

Reference: 22-29

Control: Board of County Commissioners

File Name: RELATING TO THE PLACEMENT OF ITEMS ON AN AGENDA

Introduced: 3/15/2022

Requester: NONE

Cost:

Final Action: 3/15/2022

Agenda Date: 3/15/2022

Agenda Item Number: 7A

Notes:

THIS IS FINAL VERSION AS ADOPTED. ALSO SEE 220131, 220302. BCC RULES

Title:

ORDINANCE RELATING TO RULES OF PROCEDURE OF THE BOARD OF COUNTY COMMISSIONERS; AMENDING SECTION 2-1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; AMENDING PROVISIONS RELATING TO THE PLACEMENT OF ITEMS ON AN AGENDA; PROVIDING A PROCESS WHEN MORE THAN ONE COUNTY COMMISSIONER REQUESTS THE PREPARATION OF THE SAME OR SUBSTANTIALLY SIMILAR ORDINANCE OR RESOLUTION FOR PLACEMENT ON AN AGENDA; AND PROVIDING SEVERABILITY, INCLUSION IN AND EXCLUSION FROM THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEMS UNDER FILE NOS. 220131, 220302]

Indexes:

RULES OF PROCEDURE

Sponsors:

Kionne L. McGhee, 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

County Attorney	3/15/2022		Assigned	Shanika A. Graves		3/16/2022

Board of County Commissioners	3/15/2022	7A Amended	Adopted as amended				P
REPORT:	County Attorney Geri Bonzon Keenan read the foregoing proposed ordinance into the record. Commissioner McGhee made the following amendment to the foregoing proposed ordinance: ~in sections 1 and 2 on typewritten pages 6 and 7, reduce the time period from 180 days to 90 days during which a Commissioner who first made a Legislative Request or Existing Legislative Request has to approve and submit an ordinance or resolution for placement on an agenda before the County Attorney is authorized to prepare the same or substantially similar ordinance or resolution for any other Commissioner. ~Replace all references to the 180-day period and 180 days in the item with 90-day period and 90 days. ~In section 1, add language to authorize the Commissioner who first made the Legislative Request or Existing Legislative Request to extend the 90-day approval period by written notification to the County Attorney for an additional 30 days. ~In section 2 on typewritten page 8, conform the extension of approval period for Existing Legislative Requests with Legislative Requests and reduce the extension of approval period for Existing Legislative Requests from 90 days to 30 days. ~In section 2 on typewritten pages 8 and 9, replace all references to “180-day or 270-day period, as applicable” with “90-day period, as may be extended”. ~In sections 1 and 2, add language to authorize the Commissioner who first made the Legislative Request or Existing Legislative Request to obtain additional extensions of approval period, prior to its expiration, by motion at any regular, CDMP, or zoning meeting, or any special meeting called for such purpose. The presiding officer at such meeting shall recognize the Commissioner to make the motion to extend the time. Such motion shall not be: (i) subject to the 4-day rule, as provided in rule 5.05(c); (ii) deferred to a future meeting; (iii) require committee review; or (iv) be subject or a motion to reconsider, except in the same meeting. ~In sections 1 and 2 on typewritten pages 7 and 9, respectively, add “urging the Florida Legislature to take state action” to the categories of ordinances and resolutions that the county attorney is authorized to prepare for a Commissioner irrespective of whatever any other Commissioner has requested the same or substantially similar ordinance or resolution. ~In sections 1 and 2, add organizational numbering and subheadings to paragraphs. ~Make technical and conforming changes. Commissioner Sosa urged the Board members to be mindful of issues brought forward that may have a countywide significance and may negatively affect an individual district. Responding to Commissioner Garcia’s request to place the items on a dashboard to allow more transparency, Commissioner McGhee indicated he agreed and would use a dashboard. Discussion ensued regarding the proffered amendment reducing the pendency period to 90 days wherein several members of the Board expressed 180 would be better timeframe for pending items given that some issues may require extensive research and/or input. Commissioner Higgins noted she was in support of the foregoing ordinance, however 90 days was extremely short for complicated technical items, which could lead to motions for extensions; she indicated she felt more comfortable with 180 days. Commissioner Monestime concurred with Commissioner Higgins’ comments, noting in an effort to prevent perpetual or permanent holds on items 180 days were applicable. Commissioner Cohen Higgins also expressed her concern regarding 90 days and noted rushing legislation to the Board was a disservice to the community. She pointed out 180 days was more appropriate and urged Commissioner McGhee to consider 180 days, with the option to request extensions on large extensive Ordinances. Commissioner Heyman stated the number of days an issue should remain pending should be calculated with insight from the County Attorney’s Office or Department Directors according to what was being requested and the complexity of what had to be delivered. Commissioner Regalado clarified that this amendment does not include the reports, she suggested to have the Office of Policy and Budgetary Affairs and the Commission Auditor to assist with resources. She pointed out there were ways to get information expeditiously rather than just relying on staff. Hearing no futher questions or comments, the Board proceeded to vote on the foregoing proposed ordinance, as amended.

Legislative Text

TITLE
ORDINANCE RELATING TO RULES OF PROCEDURE OF THE BOARD OF COUNTY COMMISSIONERS; AMENDING SECTION 2-1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; AMENDING PROVISIONS RELATING TO THE PLACEMENT OF ITEMS ON AN AGENDA; PROVIDING A PROCESS WHEN MORE THAN ONE COUNTY COMMISSIONER REQUESTS THE PREPARATION OF THE SAME OR SUBSTANTIALLY SIMILAR ORDINANCE OR RESOLUTION FOR PLACEMENT ON AN AGENDA; AND PROVIDING SEVERABILITY, INCLUSION IN AND EXCLUSION FROM THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, this Board desires to amend its Rules of Procedure related to the preparation of ordinances and resolutions to revise the process when more than one County Commissioner requests the preparation of the same or substantially similar ordinance or resolution for placement on an appropriate agenda,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 2-1 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Sec. 2-1. Rules of Procedure of County Commission.

* * *
PART 5. CONDUCT OF MEETINGS; AGENDA

* * *
Rule 5.06 ORDINANCES, RESOLUTIONS, MOTIONS, CONTRACTS.

(a) PREPARATION AND ENACTMENT OF ORDINANCES >>AND RESOLUTIONS<<. The county attorney, when requested, shall prepare ordinances and resolutions >>in accordance with the process outlined herein.

(1) DEFINITION. For purposes of this subparagraph (a), �Legislative Request� means the county attorney�s receipt of a written request or written or recorded confirmation of a verbal request for preparation of an ordinance or resolution by a Commissioner or his or her staff.

(2) APPROVAL PERIOD. If there is no pending Legislative Request for the same or substantially similar item from another Commissioner, upon receipt of a Legislative Request, the county attorney shall prepare the ordinance or resolution for the requesting Commissioner. Such Commissioner shall have 90 days from the date of this initial request, as may be extended pursuant to subparagraphs (a)(3) and (4) below, within which to approve the ordinance or resolution for submittal to the Chairperson of the County Commission for placement on an appropriate agenda.

(3) EXTENSION OF APPROVAL PERIOD. On or before the 90th day described above, the Commissioner who first made the Legislative Request may, in his or her discretion, extend the 90-day approval period for an additional 30 days by submitting written notification to the county attorney indicating that the Commissioner has elected to extend such period.

(4) ADDITIONAL EXTENSION OF APPROVAL PERIOD. If the Commissioner who first made the Legislative Request determines that the approval period described above does not provide sufficient time to approve the ordinance or resolution for submittal to the Chairperson of the County Commission for placement on an appropriate agenda, such time may be extended, prior to its expiration, by motion approved at any regular, CDMP, or zoning meeting, as well as any special meeting called for this purpose. At any such meeting held prior to the expiration of the approval period, the presiding officer shall recognize the Commissioner to make such motion to extend the time. If the motion is approved by a majority vote of the Commissioners present, the Commissioner shall have until the expiration of the additional time granted by the County Commission to approve the ordinance or resolution for submittal to the Chairperson of the County Commission for placement on an appropriate agenda. Notwithstanding any other rule, a motion to extend the approval period for an ordinance or resolution shall not: (i) be subject to the 4-day rule, as provided in rule 5.05(c); (ii) be deferred to a future meeting; (iii) require committee review; or (iv) be subject to a motion to reconsider, except at the same meeting. The Commissioner who first made the Legislative Request may request additional extensions of time, without limitation, in accordance with this subparagraph (a)(4).

(5) PREPARATION. During the pendency of the 90-day period, as may be extended pursuant to subparagraphs (a)(3) and (4), the county attorney shall not prepare the same or substantially similar ordinance or resolution for another Commissioner until the county attorney receives from the Commissioner who first made the Legislative Request or his or her staff, in writing, one of the following: approval of the requested ordinance or resolution for submittal to the Chairperson of the County Commission for placement on an appropriate agenda; or withdrawal of all or a portion of the initial Legislative Request.

(i) Upon approval of the requested ordinance or resolution for submittal to the Chairperson of the County Commission for placement on an appropriate agenda during such 90-day period, as may be extended, the county attorney shall prepare any other Legislative Request for a substantially similar item but not the same item for any other Commissioner.

(ii) In addition, during the pendency of the 90-day period, as may be extended, the county attorney shall prepare any other Legislative Request for the same or substantially similar ordinance or resolution for any other Commissioner upon withdrawal of the initial Legislative Request. In the event a portion of the initial Legislative Request is withdrawn, the county attorney shall prepare any other Legislative Request for the same or substantially similar ordinance or resolution for any other Commissioner for the withdrawn portion of the initial Legislative Request.

(iii) Further, after the expiration of the 90-day period, as may be extended, the county attorney shall prepare the item requested by the Commissioner who first made the Legislative Request, and the same or substantially similar item requested by any other Commissioner for placement on an appropriate agenda.

Each such ordinance or resolution prepared by the county attorney in accordance with this subparagraph (a) may be submitted to the Chairperson of the County Commission for placement on an appropriate agenda.

(6) EXCEPTIONS. Subparagraphs (a)(2), (3), (4), and (5) above shall not apply to a Legislative Request for an ordinance or resolution that is: (i) urging the Florida Legislature to take stated action; (ii) the subject of a report, a study, or recommendations requested by the County Commission prior to, on, or after the effective date of this ordinance; or (iii) the subject matter of a task force or county board or other entity created or requested by the County Commission prior to, on, or after the effective date of this ordinance. In such instances, the county attorney shall prepare the Legislative Request for a Commissioner irrespective of whether any other Commissioner has requested the same or substantially similar ordinance or resolution.<<

* * *
Section 2. (a) DEFINITIONS. For purposes of this section 2, �Legislative Request� means the county attorney�s receipt of a written request or written or recorded confirmation of a verbal request for preparation of an ordinance or resolution from a Commissioner or his or her staff; and �Existing Legislative Request� means a Legislative Request received prior to the effective date of this ordinance.
(b) APPROVAL PERIOD. If there is no pending Existing Legislative Request for the same or substantially similar item from another Commissioner, the county attorney shall prepare the ordinance or resolution for the Commissioner who made the Existing Legislative Request. Such Commissioner shall have 90 days from the effective date of this ordinance, as may be extended as provided in subparagraphs (c) and (d) below, within which to approve the ordinance or resolution for submittal to the Chairperson of the County Commission for placement on an appropriate agenda.
(c) EXTENSION OF APPROVAL PERIOD. On or before the 90th day described above, the Commissioner who first made the Existing Legislative Request may, in his or her discretion, extend the 90-day approval period for an additional 30 days by submitting written notification to the county attorney indicating that the Commissioner has elected to extend such period.
(d) ADDITIONAL EXTENSION OF APPROVAL PERIOD. If the Commissioner who first made the Existing Legislative Request determines that the approval period described above does not provide sufficient time to approve the ordinance or resolution for submittal to the Chairperson of the County Commission for placement on an appropriate agenda, such time may be extended, prior to its expiration, by motion approved at any regular, CDMP, or zoning meeting, as well as any special meeting called for this purpose. At any such meeting held prior to the expiration of the approval period, the presiding officer shall recognize the Commissioner to make such motion to extend the time. If the motion is approved by a majority vote of the Commissioners present, the Commissioner shall have until the expiration of the additional time granted by the County Commission to approve the ordinance or resolution for submittal to the Chairperson of the County Commission for placement on an appropriate agenda. Notwithstanding any other rule, a motion to extend the approval period for an ordinance or resolution shall not: (i) be subject to the 4-day rule, as provided in rule 5.05(c); (ii) be deferred to a future meeting; (iii) require committee review; or (iv) be subject to a motion to reconsider, except at the same meeting. The Commissioner who first made the Existing Legislative Request may request additional extensions of time, without limitation, in accordance with this section 2.
(e) PREPARATION. During the pendency of the 90-day period, as may be extended, the county attorney shall not prepare the same or substantially similar ordinance or resolution for another Commissioner until the county attorney receives from the Commissioner who first made the Existing Legislative Request or his or her staff, in writing, one of the following: approval of the requested ordinance or resolution for submittal to the Chairperson of the County Commission for placement on an appropriate agenda; or withdrawal of all or a portion of the initial Existing Legislative Request.
(i) Upon approval of the requested ordinance or resolution for submittal to the Chairperson of the County Commission for placement on an appropriate agenda during such 90-day period, as may be extended, the county attorney shall prepare any other Existing Legislative Request or Legislative Request for a substantially similar item but not the same item for any other Commissioner.
(ii) In addition, during the pendency of the 90-day period, as may be extended, the county attorney shall prepare any other Existing Legislative Request or Legislative Request for the same or substantially similar ordinance or resolution for any other Commissioner upon withdrawal of the initial Existing Legislative Request. In the event a portion of the initial Existing Legislative Request is withdrawn, the county attorney shall prepare any other Existing Legislative Request or Legislative Request for the same or substantially similar item ordinance or resolution for any other Commissioner for the withdrawn portion of the initial Existing Legislative Request.
(iii) Further, after the expiration of the 90-day period, as may be extended, the county attorney shall prepare the item requested by the Commissioner who first made the Existing Legislative Request, and the same or substantially similar item requested by any other Commissioner for placement on an appropriate agenda.
Each ordinance or resolution prepared by the county attorney in accordance with the process set forth in this section 2 may be submitted to the Chairperson of the County Commission for placement on an appropriate agenda.
(f) EXCEPTIONS. Subparagraphs (b), (c), (d), and (e) shall not apply to an Existing Legislative Request for an ordinance or resolution that is: (i) urging the Florida Legislature to take stated action; (ii) the subject of a report, a study, or recommendations requested by the County Commission prior to, on, or after the effective date of this ordinance; or (iii) the subject matter of a task force or county board or other entity created or requested by the County Commission prior to, on, or after the effective date of this ordinance. In such instances, the county attorney shall prepare the Legislative Request for a Commissioner irrespective of whether any other Commissioner has requested the same or substantially similar ordinance or resolution.
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 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.