§ 2-262. Creation, exercise of authority deemed public function; membership, etc.; organization, meetings.

(a)

Creation. The Date County Health Facilities Authority is hereby created and established and, in accordance with Section 154.207, Florida Statutes, is constituted a public instrumentality. The exercise by said Authority of the powers conferred by Section 154.201 to 154.246, inclusive, Florida Statutes, shall be deemed and held to be the performance of an essential public function.

(b)

Membership, etc. The Authority shall consist of five (5) persons who are residents of Miami-Dade County, appointed by the Board of County Commissioners.

(1)

Term of office, filling vacancies; reappointment; removal. Of the members first appointed, one (1) shall serve for one (1) year, one (1) for two (2) years, one (1) for three (3) years, and two (2) for four (4) years, in each case until his successor is appointed and has qualified. Thereafter the Board shall appoint, for terms of four (4) years each, a member or members to succeed those whose terms expire. The Board shall fill any vacancy for an unexpired term. A member of the Authority shall be eligible for reappointment. Any member of the Authority may be removed by the Board for misfeasance, malfeasance, or willful neglect of duty.

(2)

Oath; compensation; ethical considerations. Each member of the Authority, before entering upon his duties, shall take and subscribe the oath or affirmation required by the State Constitution. A record of each oath shall be filed in the Department of State and with the Clerk of the Board of County Commissioners. The members of the Authority shall receive no compensation for the performance of their duties hereunder, but each member shall be paid necessary expenses incurred while engaged in the performance of such duties. Service as a member of the Authority by a trustee, director, officer, or employee of a health facility shall not, in and of itself, constitute a conflict of interest. However, any member of the Authority who is employed by, or receives income from, a health facility under consideration by the Authority shall not vote on any matter related to such facility. Members shall comply with the Miami-Dade County financial disclosure requirements.

(c)

Organization; meetings. The Authority, at its initial meeting, and annually thereafter, shall elect one (1) of its members as Chairman and one (1) as Vice-Chairman. Three (3) members of the Authority shall constitute a quorum, and the affirmative vote of a majority of the members present at a meeting of the Authority shall be necessary for any action taken by the Authority. No vacancy in the membership of the Authority shall impair the right of a quorum to exercise all the rights to perform all the duties of the Authority. The initial meeting of said Authority shall be at 9:00 a.m., on November 13, 1979, at 1 S.E. 3rd Avenue, City of Miami, in Miami-Dade County, Florida. If fewer than three (3) members are present at said meeting, the members who are present may adjourn the meeting from time to time until at least three (3) members shall be present.

(Ord. No. 79-92, § 3, 10-16-79)

Note— See editor's footnote to this Art. XXIX of Ch. 2.