Broward County Commission Regular Meeting


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AI-26645 45.       
Meeting Date: 04/24/2018  
Director's Name: Andrew J. Meyers
Department: County Attorney  

Information
Requested Action
MOTION TO CONSIDER enactment of an Ordinance, the title of which is as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO AIRPORT ISSUED IDENTIFICATION MEDIA AND EMERGENCY RESPONSE TRAINING; AMENDING SECTIONS 2-2 AND 2-43 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE"); PROVIDING THAT CERTAIN INDIVIDUALS MUST OBTAIN AIRPORT ISSUED IDENTIFICATION MEDIA; PROVIDING THAT CERTAIN INDIVIDUALS MUST COMPLETE EMERGENCY RESPONSE TRAINING, THE TIME FOR WHICH SHALL BE PAID BY SUCH INDIVIDUALS' EMPLOYERS; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.
 
(Sponsored by the Board of County Commissioners)

ACTION:  (T-12:11 PM)  Filed proof of publication and enacted the Ordinance, as amended, with Purple-Sheeted Additional Material, dated April 24, 2018, submitted at the request of the Office of the County Attorney to become effective as provided by law.

VOTE:  8-0.  Commissioner Sharief was not present.
Why Action is Necessary
A Resolution directing the County Administrator to publish notice of public hearing to consider enactment of the Ordinance was adopted by the Board of County Commissioners at its meeting of April 10, 2018.
What Action Accomplishes
Amends the Broward County Code of Ordinances to codify the requirement that certain individuals obtain Airport Issued Identification Media and complete emergency response training.
Is this Action Goal Related
Previous Action Taken
Summary Explanation/Background
On December 12, 2017, the Board directed the Broward County Aviation Department ("BCAD") to devise a plan of action for a comprehensive emergency response training program for all employees at Broward County's Fort Lauderdale-Hollywood International Airport ("FLL"). BCAD staff subsequently determined that the best method for the training would be a computer-based learning module.

On February 27, 2018, the Board approved an increase in the optional services budget in the Software Support and Maintenance Agreement with SSI, Inc., so that BCAD could engage the services of SSI, Inc., to develop the emergency response training. On the same date, the Board directed the County Attorney to draft an Ordinance amending various sections of the Broward County Code of Ordinances ("Code") to add provisions mandating the emergency response training established by BCAD.

The proposed Ordinance amends the definition of Airport Issued Identification Media and codifies the existing requirement that all individuals who require unescorted access to the Security Identification Display Area ("SIDA"), the Airport Operations Area ("AOA"), or any portion of FLL in which certain security measures are carried out, must obtain Airport Issued Identification Media in accordance with the procedures, rules, and requirements of the Airport Security Program. This is already required by the Airport Security Program, but has not been codified in the Code.

The proposed Ordinance also creates a new badge for those not accessing secured areas, but who otherwise work at FLL. The proposed Ordinance states that all employees, agents, representatives, contractors, and subcontractors of any person or entity holding an agreement with the County for operations at FLL must obtain Airport Issued Identification Media in accordance with the procedures, rules, and requirements of BCAD. These procedures, rules, and requirements will be developed in the coming months before the new emergency response training is implemented. All such individuals must obtain the new badge by December 31, 2018, but will not be able to apply for such badge until the emergency response training is fully developed and implemented. Notably, the Aviation Director, in his or her sole discretion, may except certain individuals from requiring a badge, which may include, for example, taxi cab and TNC drivers.

The proposed Ordinance further requires all individuals who are required to obtain Airport Issued Identification Media to complete the emergency response training required by BCAD before the issuance of such Airport Issued Identification Media and on each renewal thereof. Those who obtained Airport Issued Identification Media before the emergency response training program is developed must complete such training after the implementation of the training requirement but before December 31, 2018, or the renewal of any Airport Issued Identification Media, whichever occurs first, and on each subsequent renewal. The proposed Ordinance requires the employers of such persons to compensate them for time spent completing such emergency response training.

On April 10, 2018, the Board approved a motion directing the County Administrator to publish a Notice of Public Hearing to consider the enactment of the proposed Ordinance. During the discussion of the item, the Board directed that BCAD and the Office of the County Attorney work together to analyze and implement, whether administratively or by Code amendments, procedures for (1) enforcing the obligations of employers of Airport Personnel to compensate their respective employees for the time spent completing the emergency response training required by Section 2-43 of the Code, if enacted, and (2) reporting the number of Airport Personnel who complete the emergency response training and other relevant information. The County Administrator and County Attorney are prepared to discuss during upcoming Commissioner briefings various options regarding enforcement and reporting.
Source of Additional Information
Carlos Rodriguez-Cabarrocas, Assistant County Attorney, (954) 359-2358

Fiscal Impact
Fiscal Impact/Cost Summary:
Fiscal Impact Statement by Office of Management and Budget will be distributed as additional material.
Attachments
Exhibit 1 - Copy of Proposed Ordinance
Additional Material - Information


    

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