Legislative Matter

Miami-Dade Legislative Item
File Number: 073594

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File Number: 073594

File Type: Ordinance

Status: Before the Board

Version: 0

Reference:

Control: Board of County Commissioners

File Name: ORDINANCE RELATING TO COUNTY BOARDS

Introduced: 12/5/2007

Requester: NONE

Cost:

Final Action: 1/10/2008

Agenda Date: 3/18/2008

Agenda Item Number: 7B

Notes:

SEE #080972 FOR FINAL VERSION AS ADOPTED.

Title:

ORDINANCE RELATING TO COUNTY BOARDS; AMENDING SECTION 2-11.38 TO PROVIDE THAT ANY PERSON WHO HAS A PENDING LAWSUIT AGAINST THE COUNTY SHALL NOT BE ELIGIBLE TO SERVE ON A COUNTY BOARD UNLESS THIS REQUIREMENT IS WAIVED BY TWO-THIRDS VOTE OF THE MEMBERS OF THE BOARD OF COUNTY COMMISSIONERS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE

Indexes:

COUNTY BOARDS

Sponsors:	Rebeca Sosa, Prime Sponsor
	Jose "Pepe" Diaz, 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	3/18/2008	7B	Amended
REPORT:	(SEE AGENDA ITEM 7B AMENDED; LEGISLATIVE FILE NO. 080972.)

Governmental Operations and Environment Committee	2/12/2008	3C	Forwarded to BCC without a recommendation				P
REPORT:	The foregoing proposed ordinance was read into the record by Assistant County Attorney Geri Bonzon-Keenan. Chairwoman Seijas opened the public hearing and there being no one to appear, the public hearing was closed. In response to Commissioner Gimenez’ request for clarification, Commissioner Diaz explained the intent of this ordinance was to prevent anyone with a pending lawsuit against the County from serving on a County Board while the lawsuit was pending unless the requirement was waived by two-thirds vote of the County Commission members. Commissioner Gimenez pointed out that the individual appointed could be removed from that appointment if the lawsuit was egregious, but he preferred to support the rights of people to sue and could not support this ordinance. Chairwoman Seijas stated she concurred with this ordinance as intended if the lawsuit was offensive to the County; however, her concern was disrespecting the rights of people in pending lawsuits that have merit. She suggested forwarding this ordinance without a recommendation, to allow the sponsor to clarify the language by possibly classifying the lawsuits. Commissioner Martinez suggested the language in this ordinance be applicable only to lawsuits that would contradict a policy adopted by the Board. Assistant County Attorney Bonzon-Keenan responded to Commissioner Gimenez’ question regarding whether the Board, as a whole, could remove appointed individuals. She noted she believed the specific legislation creating the board dictated the terms in which the individual could be removed. Commissioner Gimenez noted he would support this ordinance being forward today without a recommendation, but would not support it before the full Board of County Commissioners. Chairwoman Seijas noted she concurred with Commissioner Gimenez’ concern regarding individual rights, but suggested that in respect of the sponsors, this ordinance be forwarded without a recommendation so that frivolous lawsuits could be identified. Hearing no further comments or questions, the Committee proceeded to forward the forgoing proposed ordinance to the County Commission without a recommendation. Chairwoman Seijas asked that this ordinance be forwarded to the March 18th BCC meeting.

Board of County Commissioners	1/10/2008	4C	Adopted on first reading		2/12/2008		P
REPORT:	The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Economic Governmental Operations and Environment Committee meeting on February 12, 2008 at 9:30 a.m.

Board of County Commissioners	1/10/2008		Tentatively scheduled for a public hearing	Governmental Operations and Environment Committee	2/12/2008

County Attorney	12/5/2007		Assigned	Jess M. McCarty		1/3/2008

County Attorney	12/5/2007		Referred	Governmental Operations and Environment Committee	2/12/2008

Legislative Text

TITLE
ORDINANCE RELATING TO COUNTY BOARDS; AMENDING SECTION 2-11.38 TO PROVIDE THAT ANY PERSON WHO HAS A PENDING LAWSUIT AGAINST THE COUNTY SHALL NOT BE ELIGIBLE TO SERVE ON A COUNTY BOARD UNLESS THIS REQUIREMENT IS WAIVED BY TWO-THIRDS VOTE OF THE MEMBERS OF THE BOARD OF COUNTY COMMISSIONERS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 2-11.38 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
ARTICLE IB.
STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY
* * *
Sec. 2-11.38. Membership on boards.
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. In addition, all board members should have demonstrated an interest in the field, activity or sphere covered by the board. 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.
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 Clerk of the Board of County Commissioners. 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.
The primary consideration in appointing board members shall be to provide the board with the needed technical, professional, financial, business or administrative expertise. 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.
>> No person shall be eligible to serve on a County board if, at the time of appointment to the County board, the person has filed a lawsuit against the County that is pending at the time of appointment, unless the Board of County Commissioners by two-thirds vote of its membership waives this requirement. No person sitting on a County board may file a lawsuit against the County without relinquishing his or her seat on the County board unless the Board of County Commissioners by two-thirds vote of its membership waives this requirement.<<
* * *
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.