§ 11A-39. Duties and responsibilities of the Director of the Department of Business Development (as they relate to discrimination in contracting, procurement, bonding and financial services activities).

(a)

The duties, functions, powers and responsibilities of the Director of DBD include but are net limited, to the following:

(1)

Enforcing the provisions of this article and any rules and regulations promulgated thereunder.

(2)

Receiving, initiating, investigating, and determining charges of violations of this article.

(3)

Facilitating settlement or conciliation of alleged violations of this article or State or Federal laws.

(4)

Issuing final investigative reports which shall include findings, and conclusions of the Director of DBD as the result of investigations of complaints of discriminatory activities in contracting, procurement, bonding and financial services.

(5)

Providing assistance and direction in all matters relating to discrimination in contracting, procurement, bonding and financial services activities.

(6)

Publishing and disseminating information and educational materials relating to discrimination in contracting, procurement, bonding and financial services activities.

(7)

Issuing notice of a complainants private right to sue under this article upon a written, request from complainant received not sooner than one hundred eighty (180) days after the filing of a charge or amended charge of a violation of this article.

(8)

Performing such other administrative duties as may be assigned by the County Manager relating to discrimination in contracting, procurement bonding or financial services activities.

(b)

When necessary to vindicate the public interest, the Director of DBD may, with the approval of the County Attorney, be designated a party in any proceeding under this article, and in connection therewith, shall be governed by the same procedures applicable to any other party to a charge of violations of this article. In any proceeding in which the Director participates as a party, the Director, with the approval of the County Attorney, may hire special counsel.

(c)

Miami-Dade County shall be named a party to any judicial proceeding involving a challenge to the validity of this article. Services of process upon Miami-Dade County shall be accomplished as provided by Section 48.111, Florida Statutes.

(d)

If at any time after a complaint has been filed, the Director of DBD or the Hearing Officer believe that appropriate civil action to preserve the status quo or to prevent irreparable harm appears advisable, the Director of DBD or the Hearing Officer shall refer the complaint to the county attorney, and request that the county attorney take appropriate civil action to preserve the status quo or to prevent irreparable harm. Any temporary restraining order or other order granting preliminary or temporary relief shall be issued in accordance with the Florida Rules of Civil Procedure. The commencement of a civil action under this article shall be in addition to all remedies otherwise available under Federal and State law, municipal ordinances and this article.

(e)

Subject to the approval of the County Manager, the Director of DBD shall have the authority to adopt, promulgate, amend and rescind rules and regulations necessary to effectuate the purposes and provisions of this article following a public hearing and subject to approval by the County Commission.

(f)

The Director of DBD shall certify the final order of the Hearing Officer. Such an adjudicative final order may review and uphold, modify or reverse recommended orders issued by the Director of DBD or his or her designated representative in accordance with the provisions of this article.

(g)

The Director of DBD shall have the authority to administer oaths.

(h)

The Director of DBD shall have the authority to compel, by subpoena, the attendance of witnesses and the production of evidence for discovery, investigation, hearing or deposition for the preservation of testimony.

(i)

The Director of DBD shall have the authority to issue remedial orders requiring cessation of violations of this article.

(j)

The Director of DBD shall have the authority to issue such other orders as, in the judgment of the Hearing Officer, will carry out the purposes of this article, including but not limited to:

(1)

Taking affirmative action and making corrections; and

(2)

Requiring penalties and/or sanctions and to award quantifiable relief to a prevailing complainant for injuries incurred as a proximate result of an act prohibited by this article or to apply to the appropriate court for such an award, provided that such damages are not prohibited by state or federal law;

(3)

To issue final orders dismissing the complaint.

(Ord. No. 97-67, § 1, 6-3-97)