§ 2-1102. Membership requirements; appointment of members; terms; removal.

(a)

All members of the Partnership 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 shall have reputations for integrity and community service. Notwithstanding the qualified elector requirement stated herein and in Section 2-11.38 of the Code of Miami-Dade County, applicants for or members of the Partnership who are appointed by the County Mayor to fill the seats of the 13 individuals with HIV disease as described in Section 2-1102(b)(1) or one former inmate of a local, state, or federal prison as described in Section 2-1102(b)(18) of this code shall be exempt from any qualified elector requirement.

(b)

The Partnership shall be composed of >>thirty-nine (39) voting members from the following categories of representatives:

(1)

Fifteen (15) member representatives of affected communities that include thirteen (13) individuals with HIV disease, who are not affiliated or employed by a Part A funded provider and are recipients of Part A services, and historically underserved groups and subpopulations that reflect the demographics of the population within the eligible metropolitan area;

(2)

One (1) Health care provider, which must represent a Federally Qualified Health Center;

(3)

One (1) Community based AIDS service organization;

(4)

Two (2) Housing, Homeless or Social Service providers;

(5)

One (1) Mental health provider;

(6)

One (1) Substance abuse provider;

(7)

One (1) HIV prevention provider;

(8)

One (1) Hospital or health care planning agency;

(9)

One (1) representative from agencies receiving grants under Part C of the Ryan White Program;

(10)

One (1) representative from agencies receiving grants under Part D of the Ryan White Program, or from organizations with a history of providing services to children, youth, and families if funded locally;

(11)

Four (4) grantee representatives of Other Federal HIV programs including Ryan White Program Part F and HOPWA, if funded locally;

(12)

One (1) Ryan White Program Part A local grantee;

(13)

One (1) State government/Ryan White Program Part B grantee representative;

(14)

One (1) State government/Medicaid Agency representative;

(15)

One (1) Local public health agency representative from the Miami-Dade County Health Department;

(16)

One (1) Miami-Dade County Public Schools representative;

(17)

One (1) Non-elected community leader who does not provide HIV related health care services subject to funding under Partnership programs;

(18)

One (1) former inmate of a local, state, or federal prison released from the custody of the penal system during the preceding three (3) years and had HIV disease as of the date of his release, or a representative of HIV+ incarcerated persons;

(19)

One (1) State of Florida General Revenue grantee representative;

(20)

One (1) representative of a federally recognized Indian tribe as represented in the population from the affected community;

(21)

One (1) representative co-infected with hepatitis B or C from the affected community.

(c)

Ex officio members shall be appointed in the same manner by which voting members are appointed, and at a minimum shall include ex officio members from the following categories of representatives:

(1)

One (1) representative from the Office of the Mayor;

(2)

One (1) representative from the Board of County Commissioners.

(d)

Three (3) representatives of the affected community who are not affiliated or employed by a Part A funded provider, and are recipients of Part A services shall also be appointed as alternates. Alternate members may be assigned as voting members of committees, but are non-voting members of the full Partnership except when the voting member appointed to that category of representatives is unable to serve, at which time an alternate member of the same category of representatives designated by the chairperson shall serve as voting member for the full Partnership.

(e)

The Partnership shall maintain at all times a fair and open nominations process as written in its By-Laws which shall result in a recommended slate of candidates, including alternates, which is forwarded to the County Mayor for his consideration. Members and alternates shall be appointed by the County Mayor, who shall designate which category listed in subsections (a) and (b) above each member shall represent. Members shall be appointed in accordance with Sections 2-1102, 2-11.38 and 2-11.38.1 of the Code of Miami-Dade County. To the extent that the County Mayor or the County Mayor's designee conducts criminal background screening of all candidates recommended by the Partnership to be appointed by the County Mayor, the County Mayor or County Mayor's designee shall only deny such candidates if they have been convicted of a violent crime within five years of the date the County Mayor or County Mayor's designee receives a recommendation for appointment from the Partnership. Additionally, the County Mayor or the County Mayor's designee shall deny any candidate who has registered as a sex offender regardless of when such candidate has been convicted of such sexual offense. Whenever feasible, the County Mayor or County Mayor's designee shall expedite such criminal background screening. Whenever feasible the County Mayor shall either appoint or deny a candidate within 20 days of receipt of the recommendation from the Partnership.

(f)

Vacancies on the Partnership shall be filled in the same manner as above, except for affected community positions, which may be filled by an affected community alternate member appointed by the Partnership.

(g)

Appointment shall comply with the following requirements:

(1)

Composition of the Partnership shall reflect in its composition the demographics of the epidemic in Miami-Dade County with particular consideration given to disproportionately affected and historically underserved groups, subpopulations, and geographic areas in Miami-Dade County

(2)

Composition of the Partnership, including committee membership, shall strive to assure the following:

(A)

Parity, with each member having equal opportunity for input and participation as well as equal voice in voting and other decision making activities;

(B)

Inclusiveness, that all affected communities are represented and involved in a meaningful manner in the community planning process;

(C)

Representation, that members who represent a specific community truly reflect that community's values, norms and behaviors.

The foregoing requirements set forth in subsections (g)(1) and (2) above shall not apply to ad hoc committees and workgroups established by the Partnership from time to time.

(3)

No more than fifteen (15) individuals shall be appointed to the Partnership who personally provide, who represent entities that provide, or who otherwise possess a financial relationship with entities that provide HIV related services funded by Partnership programs.

(4)

No funded provider shall have more than one (1) representative or employee as a member, except as mandated by the legal requirements of Partnership programs.

(h)

The term of office of members shall be in accordance with Section 2-11.38.2 of the Code of Miami-Dade County. Members shall be appointed to three (3) year terms, except that initially twelve (12) members shall be appointed to a one (1) year term and twelve (12) members appointed to a two (2) year term.

(i)

No member shall be permitted to serve more than two (2) consecutive and complete terms of three (3) years except as required by law. Notwithstanding the term limit requirements set forth herein, members appointed to fill government or grantee seats are excepted from these requirements and shall serve as members of the Partnership for as long as they are designated by their respective agencies to serve in this capacity.

(j)

Attendance requirements for members shall be in accordance with Section 2-11.39, except that five (5) absences, excused or unexcused, in any fiscal year shall also constitute grounds for removal and except absences that are due to Partnership business related travel are not counted against the total of five (5) absences. If a member appointed to represent a category listed in subsection (a) or (b) above loses such representative status, fails to maintain the qualifications for membership set forth in Section 2-11.38, fails to maintain attendance requirements, voluntarily resigns, or for other good cause is removed, the member shall forfeit membership on the Partnership.

(k)

Members shall serve without compensation but shall be entitled to reimbursement for necessary authorized expenses incurred in the discharge of their duties pursuant to policies and procedures published by the County.

(Ord. No. 98-127, § 2, 9-3-98; Ord. No. 02-35, § 2, 2-26-02; Ord. No. 07-71, § 2, 6-5-07; Ord. No. 16-51, § 1, 5-17-16)