Item K01
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 18, 2009 Key Largo Division: BOCC District 1
Bulk Item: Yes x No Department: Commissioner Wigington
Staff Contact Person/Phone: Wilma Corbin305-292-3440
AGENDA ITEM WORDING:
Discussion and Direction to Staff regarding adoption, implementation
and enforcement of a “4 Day Rule” regarding agenda back-up material provided to the County
Commission.
ITEM BACKGROUND:
A final copy of each agenda item and completed/amended back-up material
would be furnished the members of the Commission no later than 4 working days (96 hours) prior to
the BOCC meeting. The provision of this rule would be waived unless asserted by a Commissioner
before the Board took action on the resolution, ordinance, motion or other item in question (in addition
to the current majority/super-majority rule currently in place). The rule would not be applicable to
emergency meetings.
PREVIOUS RELEVANT BOCC ACTION:
Section 1.03 of the Monroe County Administrative
Procedures (revised April 2007) are provided in back-up material.
CONTRACT/AGREEMENT CHANGES:
_________________________________________________________________________________
STAFF RECOMMENDATIONS:
TOTAL COST: INDIRECT COST: ____N/A____BUDGETED:
N/A Yes No_
COST TO COUNTY:SOURCE OF FUNDS:
N/A ____________________
REVENUE PRODUCING:AMOUNT PER MONTHYear ____
Yes No X__
APPROVED BY:
County Atty OMB/Purchasing Risk Management ____
DOCUMENTATION:
Included x Not Required____
DISPOSITION:AGENDA ITEM #
Revised 1/09
Miami-Dade County
Code of County Ordinances
Chapter 2
ARTICLE I. IN GENERAL
Sec. 2-1. Rules of procedure of County Commission. *
PART 5. CONDUCT OF MEETINGS; AGENDA
Rule 5.05 Agenda.
(a) Order of business.
(1) There shall be an official agenda for every meeting of the Commission, which shall
determine the order of business conducted at the meeting. The order of business for Tuesday
meetings shall be as follows:
1. Invocation
Pledge of allegiance
Roll call
Reports of official county boards
Citizen's presentations
Motion to set agenda
Commission auditor
Office of intergovernmental affairs
2. Mayoral vetoes, mayoral reports.
3. Consent agenda.
4. Ordinances for first reading.
5. Public hearings which shall be scheduled for 9:30 a.m.
6. Chairperson of the board of county commissioners.
7. Ordinances for second reading.
8. Departments.
9. Additional departmental items.
10. Authorities, boards, councils and trusts.
11. County commissioners.
12. County manager.
13. County attorney.
14. Items subject to "4-dayrule".
15. Clerk of the board.
Items shall be considered in the order in which they are placed on the agenda unless a majority of
the Commissioners determines to deviate from the printed agenda or in the discretion of the
chairperson, certain matters should be taken out of order to help eliminate logistical concerns or
exigent circumstances which would impede the proper functioning of the commission. During a
commission meeting, commissioners may identify certain items for individual consideration (i.e.,
the "pull list"). Agenda items not selected for individual consideration may be approved in a
single vote.
The commission shall not take action upon any matter when it is first presented to the
commission in a report or reports made by the County Commissioners.
(2) At Thursday meetings the following items of business shall be conducted in the following
order: ,/ 9
1. Special presentations and proclamations; :J J J ~/ D
Jl. }
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2. Policy matters for discussion by the board;
3. Zoning;
4. Metropolitan planning organization (MPO);
5 . Workshops.
(Ord. No. 99-15, S 1,2-2-99; Ord. No. 99-21, S 1, 3-4-99; Ord. No. 05-200, S 1, 11-3-05)
(b) Authority to sponsor or present items on agenda.
(1) Matters may be presented or sponsored by any County Commissioner, a commission
committee, the county mayor, the County Attorney and the Clerk of the Commission. The
mayor's authority to sponsor a matter shall be limited to departmental items and shall be non-
delegable. The Board will not consider any such recommendation unless such recommendation
has been approved in writing by the mayor. If, however, the mayor shall be incapacitated for a
period in excess of days, his or her authority to sponsor a departmental item shall be vested in the
manager until the incapacity is removed. Notwithstanding the foregoing, the manager shall be
able to recommend directly to the Board the waiver of competitive bidding as provided in
Section 5.03(D) of the Charter or quasi-judicial items.
(2) Proposed agenda items not delivered in accordance with subsection (c) hereof, or which
have not been considered by any committee, (except for alternates, substitutes, and items not
subject to committee review) shall not be placed on the agenda unless the chairperson of the
committee which has jurisdiction over the item, if any, and the chairperson of the commission
concur in writing.
(Ord. No. 07-66, S 1, 5-8-07)
(c) A copy of each agenda item shall be furnished the members of the commission
not later than four (4) working days before a vote may be called on the item. The provisions of
this rule shall be deemed waived unless asserted by a commissioner before the board takes action
on the resolution, ordinance, motion or other item in question. The provisions of the rule may not
be waived under Rule 7.01(n); however, this rule is not applicable to special or emergency
meetings called pursuant to Rule 3.02 or to items related to the County's legislative package and
items originated by the Department of Procurement Management, including bid awards and bid
waivers, which have been forwarded to the commission by committee. One (1) year after the
effective date of this enactment, this Rule shall not be applicable to items originated by the
Department of Procurement Management, including bid awards and bid waivers, which have
been forwarded to the Commission by the Committee, unless prior to such time the Board
repeals or amends this Rule.
(Ord. No. 06-63, S 1, 5-9-06; Ord. No. 06-108, S 1, 7-6-06; Ord. No. 08-67, S 1,6-3-08)
(d) Approval of minutes. Unless a reading of the minutes of a meeting is requested by a
majority of the Commission, such minutes, when approved by the Commission and signed by the
Presiding Officer and the Clerk, shall be considered approved without reading; provided that the
clerk shall place a copy of the minutes of each meeting, as soon as they have been completed, at
a designated place in the Clerk's office where they may be examined by the Commissioners prior
to formal approval. A copy of such minutes shall, upon completion by the Clerk, be delivered to
the County Manager and County Attorney. The minutes of prior meetings may only be approved
by a majority of the Commissioners present at a meeting of the Commission, and upon such
approval shall become the official minutes.
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(e) Removal of public hearing items from the agenda. The sponsor of an item scheduled for
public hearing shall be able to withdraw that item from the Commission agenda at any time prior
to the commencement of the public hearing by written notification to the agenda coordinator.
(f) Public hearings heard by committee. When a public hearing relating to an ordinance or
resolution is conducted before a commission committee as authorized herein, no additional
testimony from the public shall be permitted except by a majority vote of those members present
before final action is taken; however, debate by commissioners shall be allowed.
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