Miami - Dade County |
Code of Ordinances |
Chapter 2. ADMINISTRATION |
Article CL. JACKSON HEALTH SYSTEM'S GENERAL OBLIGATION BOND PROGRAM |
§ 2-2183. Governing Committee.
(a)
Composition and appointment. The Advisory Committee shall consist of nine (9) voting members ("Member(s)") and two (2) non-voting, ex officio members ("Ex Officio Member(s)") appointed as follows:
(1)
Five (5) Members shall be appointed by resolution of the County Commission after having been selected by the County Commission from persons nominated by the Public Health Trust Nominating Council, as established and described in Section 25A-3(d) of the County Code. The Nominating Council shall submit to the County Commission a list of nominees containing a total number of names which is equal to one (1) nominee for each County Commission selected vacancy on the Advisory Committee plus, in the discretion of the Nominating Council, up to two (2) additional nominees for each County Commission selected vacancy. Each nominee for a particular vacancy shall have the profession or professional experience required for that vacancy by subsection (a)(2) hereof. The County Commission shall select and appoint its five (5) Advisory Committee Members from the list of nominees who meet the qualifications in the succeeding paragraph (b) submitted by the Nominating Council. The Nominating Council shall select each nominee by individual majority vote. In the event of a tie vote, the candidate shall not be designated as a nominee.
(2)
Each Advisory Committee Member shall have an outstanding reputation for professional ability with substantial professional accomplishment and shall hold a senior or prominent position in his/her field. The Advisory Committee shall include at least: one (1) Member with experience in the medical or health care field; one (1) Member shall be a professional engineer; one (1) Member shall be a Florida certified public accountant; one (1) Member shall be a Florida Bar admitted attorney; one (1) Member with experience in real estate development; one (1) Member with experience in finance; one (1) Member with managerial experience; one (1) Member with experience in the emergency medical services field; and one (1) Member shall be a professional architect.
(3)
The County Commission may ratify appointment of the remaining four (4) Advisory Committee Members as follows: the Member of the Advisory Committee experienced in finance shall be designated by the President of the Miami-Dade County League of Cities in writing, and a copy thereof shall be filed with the Clerk of the County Commission; the Member of the Advisory Committee with managerial experience shall be designated by the Mayor in writing, and a copy thereof shall be filed with the Clerk of the County Commission; the Florida Bar admitted attorney Member of the Advisory Committee shall be designated by the Chairperson of the Miami-Dade Legislative Delegation in writing, and a copy thereof shall be filed with the Clerk of the County Commission; and the Member of the Advisory Committee with experience in the medical or health care field shall be designated by a representative of the Jackson Health System labor unions in writing, and a copy thereof shall be filed with the Clerk of the County Commission.
(4)
When making a selection, the County Commission shall consider that the Advisory Committee as a whole should generally reflect the geographic, gender, racial, ethnic or cultural make-up of the community.
(5)
The two (2) Ex Officio Members shall be appointed as follows: A Commissioner who shall be appointed by the Chairperson of the County Commission; and a member of the Board of Trustees of the Public Health Trust who shall be appointed by the Chairperson of the Board of Trustees.
(b)
Qualifications. Each Member of the Advisory Committee shall (i) be a United States citizen, a permanent resident and duly qualified elector of Miami-Dade County, (ii) have an outstanding reputation for civic pride, integrity, responsibility and community service, (iii) comply with the requirements of Chapter 2-11-38 of the Code of Miami-Dade County; and (iv) have no financial interest, direct or indirect, in any of the capital projects that are to be funded by the Bond Program as determined by the Miami-Dade County Commission on Ethics and Public Trust (the "Commission on Ethics"). The following persons shall not serve as Members of the Advisory Committee: except as permitted by Section 2-2131(a)(5), elected officials; or persons whose livelihood or their immediate family member's livelihood depends on the area administered or dealt with by the Advisory Committee as determined by the Commission on Ethics. Immediate family means and shall have the definition set forth in the Miami-Dade County Conflict of Interest and Code of Ethics Ordinance (the "Conflict of Interest Ordinance"), Section 2-11.1 of the Code of Miami-Dade County, Florida. Before taking any official action, each voting Member shall take the prescribed oath of office.
(c)
Term. Three (3) of the County Commission appointments to the Advisory Committee shall be for an initial term which begins on the day of appointment and expires three (3) years from such appointment date. Two (2) of the County Commission appointments to the Advisory Committee shall be for an initial term which begins on the day of appointment and expires one (1) year from such appointment date. The designees of the President of the Miami-Dade County League of Cities, the Mayor, the Chairperson of the Miami-Dade Legislative Delegation and the representative of the Jackson Health System labor unions shall be for initial terms which begin on the day of appointment and expire two (2) years from such appointment date, provided further that such terms shall each be coterminous with that of the designating official as set forth in (ii) below. The term of any Advisory Committee Member appointed or re-appointed pursuant to this article after the initial terms shall be for a term of three (3) years each. The foregoing notwithstanding, (i) the term of any Advisory Committee Member appointed or re-appointed pursuant to this article shall be subject to automatic expiration as provided in Section 2-11.38.2 of this Code and (ii) the term of any Advisory Committee Member designated by the President of the Miami-Dade County League of Cities, the Mayor, the Chairperson of the Miami-Dade Legislative Delegation, or the representative of the Jackson Health System labor unions shall expire when the designating official's term of office expires or the designating official leaves office and until the successor official replaces the designee. Each Advisory Committee Member shall be permitted to serve no more than two (2) consecutive and complete terms of three (3) years each, and, in no event, more than the maximum number of years provided in Section 2-11.38.2 of this Code.
(d)
Vacancies. The President of the Miami-Dade County League of Cities, the Mayor, the Chairperson of the Miami-Dade Legislative Delegation, and the representative of the Jackson Health System labor unions shall designate a new representative qualified pursuant to paragraph (b) to serve on the Advisory Committee within sixty (60) days of taking office and shall fill vacancies by designating a new representative qualified pursuant to paragraph (b) within sixty (60) days after an appointee resigns or is removed. In the event of a vacancy during the term of a County Commission designated Member of the Advisory Committee, the Advisory Committee shall notify the County Commission of the vacancy and shall request that a special meeting of the Public Health Trust Nominating Council be convened within ninety (90) days of the vacancy notification in order to designate at least two nominees qualified pursuant to paragraph (b). The County Commission shall fill the Advisory Committee vacancy by designating a new representative from the nominees presented by the Nominating Council within one hundred eighty (180) days after the special meeting of the Nominating Council.
(e)
Unexcused Absences. Any Advisory Committee Member shall be automatically removed if, in a given calendar year, he/she (i) incurs two (2) unexcused absences from Advisory Committee meetings; or (ii) is absent from three (3) consecutive Advisory Committee meetings; or (iii) is absent from more than fifty percent (50%) of all the Advisory Committee meetings. A Member shall be deemed absent when he/she is not present at the meeting for at least seventy-five percent (75%) of its duration.
(f)
Applicability of Conflict of Interest and Code of Ethics Ordinance. The Conflict of Interest Ordinance shall be applicable, as determined by the Commission on Ethics, to the Members of the Advisory Committee. Moreover, neither Members of the Advisory Committee nor their employers nor corporations in which they hold an ownership stake may, as determined by the Commission on Ethics, obtain, seek or bid on projects at Public Health Trust Designated Facilities, whether funded by the Bond Program or other sources, during the Advisory Committee Member's term on the Advisory Committee or for two (2) years after said individual leaves Advisory Committee membership. Members of the Advisory Committee may not, as determined by the Commission on Ethics, lobby members of the Public Health Trust Board of Trustees or Jackson Health System employees during service on the Advisory Committee. It is declared to be the intent of the County Commission, as expressed in this subsection, to provide that the Conflict of Interest Ordinance shall not operate to preclude individuals from serving as Advisory Committee Members on the basis of interests relating to Miami-Dade County when such interests do not conflict with the matters administered or dealt with by the Advisory Committee or the Public Health Trust.
(g)
Organization and Procedure. The Advisory Committee shall elect one (1) of its Members as chairperson and one (1) of its Members as vice-chairperson and both shall serve as officers for a term of two (2) years. The Members shall also elect such other officers as the Members may determine to be necessary and such officers shall also serve a term of two (2) years. The Advisory Committee shall hold regular meetings no less than four (4) times per calendar year and such other meetings as it deems necessary. A majority of the appointed Members of the Advisory Committee shall constitute a quorum. All meetings of the Advisory Committee shall be public and the Advisory Committee shall maintain written minutes of all proceedings that shall be promptly prepared and recorded by the Clerk of the Public Health Trust Board of Trustees. Copies of all minutes and resolutions of the Advisory Committee shall be forwarded to the Clerk of the Board of County Commissioners no later than thirty (30) days subsequent to any meeting of the Advisory Committee.
(h)
Compensation. Members of the Advisory Committee shall serve without compensation.
(Ord. No. 14-44, § 1, 5-6-14)