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RESOLUTION 93-20785 RESOLUTION NO. 93-20785 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA SUPPORTING THE PROPOSED REPEAL OF THE ENGLISH-ONLY REQUIREMENT OF THE CODE OF METROPOLITAN DADE COUNTY. WHEREAS, Section 2-11. 18 of the Code of Metropolitan Dade County requires that County meetings, hearings and most County publications be in the English language only; and WHEREAS, on April 8 , 1993 the Board of County Commissioners of Metropolitan Dade County passed on first reading an ordinance which would repeal Section 2-11. 18 of the County Code; and WHEREAS, on May 18 , 1993 the Board of County Commissioners will hold a public hearing and consider adoption of the ordinance repealing Section 2-11. 18 ; and WHEREAS, the City Commission of the City of Miami Beach believes that the English-only requirement of Section 2-11. 18 is unnecessarily divisive; and WHEREAS, the greatest strength of this community lies in its diversity; and WHEREAS, the English-only requirement does not respect the rights of a diverse community with many cultures in Dade County, in general , and Miami Beach in particular; and WHEREAS, the English-only requirement adversely affects the image of Dade County internationally. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the City Commission supports the proposed repeal of the English-only Requirement of the Code of Metropolitan Dade County. PASSED and ADOPTED this 5th day ip May , 1993. ATTEST: rP �•YOR 1 / CITY CLERK (Requested by Commissioner Neisen Kasdin. ) SWS:scf:disk4\english.res FORM APP? VED LEG DEPT. By ed._ Date "45 5-13 OFFICE OF THE CITY ATTORNEY ilcs evard F L O R I D A \PMI 9E,• 5*timccer LAURENCE FEINGOLD :;. A P.O.BOX O fh; CITY ATTORNEY .1''•H�----- MIAMI BEACH,FLORIDA 33119-2032 TELEPHONE(305)673-7470 TELECOPY (305)673-7002 COMMISSION MEMORANDUM NO: a\3..si , DATE: APRIL 21, 1993 TO: MAYOR SEYMOUR GELBER MEMBERS OF THE CITY COMMISSION CITY MANAGER ROGER M. CARLTON FROM: LAURENCE FEINGOLD . ;,a? CITY ATTORNEY SUBJECT: RESOLUTION SUPPORTING REPEAL OF ENGLISH-ONLY REQUIREMENT IN DADE COUNTY CODE Commissioner Neisen Kasdin requested the attached resolution which supports the repeal of Section 2-11. 18 of theCode of P Metro olitan Dade County. Section 2-11. 18 currently requires that all Countymeetings and hearings and most County publications be • April 8, 1993 the Board of County only in English. On Commissioners passed on first reading an ordinance repealing Section 2-11.18. A public hearing and final reading of the ordinance is set for May 18, 1993. LF:scf:memos\english.cm AGE NDA ITEM 5- 6-93 DATE • 73C,CONVENTION CENT DRIVE. — =CD'R': "" r_00PP - MIAMI BEACH FLORIDA 33139 CITY OF MIAMIBEACH (7:;1 CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 MEMORANDUM NO. p313COMMISSION ci3 TO: Mayor Seymour Gelber and DATE: May 5, 1993 Members of the City Commission FROM: Roger M. Carlton City Manager ECONOMIC IMPACT ANALYSIS REGARDING REPEAL OF THE ENGLISH SUBJECT: ONLY REQUIREMENT OF THE CODE OF METROPOLITAN DADE COUNTY ADMINISTRATION RECOMMENDATION: The Administration recommends that the Mayor and City Commission support the repeal of Ordinance No. 80-128, Section 2-11.18. BACKGROUND: Section 5 of Ordinance No. 80-128 provided that said Ordinance should become a part of the Code under Section 2-11.18. This Section placed restrictions upon use of funds for promotion of or use of language and culture other than English. The Section prohibited the use of funds for the purpose of utilizing any language other than English, or promoting any culture other than that of the United States. Exempt from the Ordinance were items related to Medical Services at Jackson Memorial Hospital; education and dissemination of information to patients; essential services to the elderly at county operated centers for the elderly; essential services to the handicapped; emergency services relating to police, fire, ambulance, medical, rescue and hurricane preparedness; and the promotion of world-wide tourism. Additionally, the Ordinance would not apply where translations were mandated by State or Federal Law. Dade County's first reading to repeal the Ordinance was done on April 8, 1993, and a second reading will take place on May 18, 1993 . ANALYSIS: A repeal of the Ordinance does not mandate that any information, other than that already required by law, be translated. Unless an Ordinance requiring translation is enacted, the Administration my decide, based on budgetary constraints, what kinds of documents and services will need to be advertised in a language other than English. The City of Miami Beach presently advertises, in both English and Spanish, notices of elections and voters guide, if there are ballot questions. These are required by Federal Law. Additionally, the City of Miami Beach prints the "Horizons Newsletter" in both English and Spanish. continued. . . AGENDA C._ ITEM DATE 5 - -9 3 Comm. Memo - 2 - May 5, 1993 Economic Impact Analysis regarding repeal of the English only requirement of the Code of Metropolitan Dade County CONCLUSION: Repeal of the Ordinance will not compel municipalities to provide funding for translation of any document not exempt by State and Federal Law. The economic impact will, therefore, depend on what items or processes the City decides to implement in languages other than English. There is no economic impact as a direct result of the Ordinance. RMC:JP:blb Attachments • ECONOMIC IMPACT ANALYSIS REGARDING REPEAL OF THE ENGLISH ONLY REQUIREMENT OF THE CODE OF METROPOLITAN DADE COUNTY The following economic analysis of the proposed legislation is being submittedpursuant ursuant to the requirements of Resolution No. 92-20659 approved November 20, 1992: 1. The economic impact of the pro o seC legislation on the City's budget. None. • the proposed legislation on the private 2. The economic impact of p p g sector. None. 3 . The effect of the proposed legislation on public or private employment. None. 4. The costs and benefits, both direct and indirect, of establishingand maintaining the program set forth in the proposed legislation. None. 5. Whether the proposed legislation is necessary to enable the City ty to obtain local, state or federal grants or other financing. No. 6. Any other concerns the Administration deems necessary to advise the Commission of, in order to fully appreciate the economic effects of the proposed legislation. None. ADMINISTRATION § 2-11.18 administrativehearing thereon. A notice of nate number of individual smaller construction, hearing(together with a copyof the written corn- repair or alteration activities which may be needed g plaint)shall be served upon the contractor(or sub- over a fixed period of time, provided the overall P contractor) against nst whom the complaint is made contract ceiling does not exceed five hundred thou- and uponP the complainant. Upon completion of sand dollars ($500,000.00) and further provided thehearing, hearing the officer shall submit pro- that no individual work order issued under such posed written findings and recommendations to- contract shall exceed twenty-five thousand dol- 8 ether with a transcript of the hearing to the lars ($25,000.00) per craft. County Manager within a reasonable time. The (h) used in the construction of this section, County Manager shall determine whether the con- tractor (or subcontractor) failed to comply with references to the masculine shall include the fem- inine and neuter and references to the singular such contract specifications as alleged.If the Man- �h include the plural, and vice-versa. ager's determination is that the contractor(or sub- Ord.No.77-17,$$ 1-4,3-15-77;Ord.No.90-90,§ contractor) substantially or repeatedly failed to ( suboon- 1, 9-11-90; Ord. No. 90-123, f 1, 11-8-90; Ord. No. comply, du, nonoompkying contractor (or 90443, I. 1, 12.18-90) tractor)and the principal owners thereof shall be Annotation—CAO 79-13. prohibited from bidding on or otherwise partici- Cross reference—Bidding on public projects, 4 10-33 et pating in County contracts for the construction, WK. alteration and/or repair,including painting or dec- orating of public buildings or public works fora Sec. 2-11.17. Residency condition for new period of three (3) years. If the Manager's deter- mination employees. mination is that the contractor(or subcontractor) failed to comply and such noncompliance was not As of the effective date of this section [July 1, a substantial or repeated occurrence, the County 1977],no person shall be newly employed by Dade Manager may order an amount equal to the County or any of its authorities, agencies or in- amount of such underpayment be withheld from strumentalities unless resident in Dade County the contractor and remitted to the employee. In or unless prepared to sign a covenant that he or addition, the Manager may order payment of lig- she will move to Dade County within six (6) uidated damages to the County. If the required months of employment by the County.The provi- payment is not made within a reasonable period sions of this section may be waived by a two- of time, the noncomplying contractor (or subcon- thirds vote of the Board of County Commissioners tractor)and the principal owners thereof shallbe for certain individuals or certain job classifica- prohibited from bidding on or otherwise partici- tions. pating in County contracts for the construction, (Ord. No. 77-39, § 1, 6-21-77; Ord. No. 81-27, § 1, alteration,and/or repair,including painting or dec- 3-17-81) orating of public buildings or public works for a Editor's note—Ord.No.77-39,§ 1,adopted June 21.1977, period of three(3)years. amended the Code by adding provisions designated as 4 2-11.16; • P inasmuch as the Code already contained provisions desig- (e) This section shall not apply to County con- nated as§2-11.16,said provisions have been redesignated as tracts for construction or alteration which are fed- §241.17. erally funded or which are otherwise subject to theP rovisions of the Davis-Bacon Act (40 U.S.C. Sec. 2-11.18. Restriction upon use of funds 276(a)). for promotion of or use of lan- guage and cultures other than (f) This section shall not apply to any contract English, for which authority to advertise for bids has been obtainedP rior to the effective date of this section (a) English is hereby declared to be the official [Ordinance No. 90-90). language of Dade County. (g) This ordinances shall not apply 1 to blanket (b) The expenditure of County funds for the pur- contracts ontracts desi ed to consolidate an indetermi- pose of utilizing any language other than En- 283 . RADE COUNTY CODE §2.11.18 iscremation, donation to a medical school for dis- the• promotingany culture at sea. gilsh,or �other than that of. section,burial United States, prohibit ' hear- (b) The fees for such services shall be reason- ings(c) All County governmental meetings, • and related to the overall cost of providing publications shall be in the English lan- able fee shall be in such amount as and these services.The °may• be established by administrative order of guage shall (d) Nothing contained herein shall prohibit any the County Manager. Said fees shall be effective . which relate to: approval by the Board of County Commis- (1)actions by the County upon pp Medical Bervices,at Jackson,Memorial Hos- sioners. pital or other County health caFe facilities, (c) The County Manager shall implement nec- essary which services pertain to: procedures for collecting these fees. . mina- No. 91-117, $ 1, 10-1.91) a. Education of patients and d188e (Ord. No pre-of information cc^cer3ung the Editor's note-Ord.No.91-117,§1,adopted Oct. 1, 1991, amenoed the Cobb by the�►d32tion of provisions which have vent injuryn and treatment of illness andbeen designated at the discretion of the editor as§2-1149. nury; b. Instructions relating to the making of appointments for medical care; Secs. 2.11,20-2-11.30. Reserved. c. Patient discharge instructions; d. Patient billing, the collection of bills and related financial information; ARTICLE IA. SERVED* (2) Essential services to the elderly at County- operated centers for the elderly; Secs. 2-11.31-2.11.35. Reserved. 3 Essential services to the handicapped; 4 Emergency services relating to police,fire, ambulance, medical, rescue and hurricane ARTICLE IB. STANDARDS FOR in life-ung situations; ARTICLE AND REVIEW OF BOARDS preparedness C and GENERALLYt (5) The promotion of world-wide tourism. • this section shall not apply $ec. 2-11.36. Statement of policy. (e) The provisions of or fed- eral where a translation is mandated by Stateherebydeclared to be the policy of the Board It is law. CountyCommissioners of Dade County,Florida, 0-128 §� 1-3, 11-4-80;Ord.No.84-84, of efficiency and improved ser- Editor's§ 1, 0.1No - to promote economy,a �' provided that vice in the transaction of the public business by note-Section 5 of Ord.No.80'128 e• the editor CountyBoards• said ordinance should become a part of the Code; has designated§§ 1-3 thereof as§2-11.18. (Ord.No. 80-136, § 1, 12-16-80) Annotations-CAO's 80-37,81-28,81-29,82-26,85-15,85-18, _ No.81-11,§1,enacted Feb.17,1981, 85-21,86-9. *Editor's note-Ord. repealed Ord.No.79-84,enacted Oct.16,1979,codified as Art. Sec. 2-11.19. Medical Department IA, §§ 2-11,31-2-11.35, relative to the "sunset" review§ opro- •r ! governmental units. Ord. No. 8• 37 Sel'viCes• cess for County go adopted Dec. 16,1980,was also a part of said article. shall tEditor's note-At the editor's discretion,pursuant to§11 (a) The Medical Examiner of Dade County ch g of said ordinance,§§1-8 of Ord.No.80-136,adopted Dec.16, ar e a fee for services rendered to the next of 1980,have been codified as Art-IB,02-11.36-2'11.40' kin of a decedent, or other person in lawful con- Annotations-CAO's 81-32,82-16. ' body, who requests the med• Cross reference-Regulations concerning presentations to trol of a decedent's positions on Candi- pursuant to Section 406.11(1)(c), Board,matters of local concern and Board ical examiner, Florida Statutes,to approve the performance of a dates,§2-10.2. .284 RESOLUTION NO. 93-20785 Supporting the proposed repeal of the proposed repeal of the English-only requirement of the Code of Metropolitan Dade County.