I have received many inquiries in the last two weeks about the Shannon Melendi Act as enacted by Palmetto Bay. I am posting the discussion here. The law was enacted in 2008. It has not been amended or repealed by any subsequent administrations. I will add that this law was very important to me. Important as a father as well as a mayor who feels a huge responsibility to safeguarding the safety of our residents, of all ages. Therefore, it was important to me to work to enact our (Palmetto Bay's) own version of the Shannon Melendi Act. As Palmetto Bay's founding mayor, I pushed hard along side the initial Village Council to create what I later coined (and had trademarked) "The Village of Parks" in 2006.
Please note that Miami-Dade County had enacted the Shannon Melendi Act which Palmetto Bay incorporated into our initial parks ordinance. We went further, strengthening this law; casting a wider net of protection for child / personal safety. It was stated in the Ordinance that we, "...are concerned about the security and safety of children visiting Village Parks..." Police, Protection, Parks, ... all part of what I have long called 'the "Ps" of Palmetto Bay.' all are needed to work together for benefit our our village.
Who falls under,
who is exempt, from the Palmetto Bay’s version of the Shannon Melendi Act?
The Palmetto Bay’s version of the Shannon Melendi Act applies for any event or program other than a single day event (the one-day picnic, Relay for Life, a single day special event) that takes place in our parks. Where applicable, who must comply with the Shannon Melendi Act? The short answer, in my opinion, nearly everyone other than the following who are specifically excluded:
- Law enforcement personnel;
- Emergency or fire rescue personnel;
- Persons conducting deliveries; and
- Military recruitment personnel
Why are those listed above exempt? Because all on this list go through a vigorous background check.
Employers of child event workers, employers of park vendors, and programming partners and CBOs shall, upon request, provide copies of these documents to the village or to any law enforcement personnel with jurisdiction.
Every child event worker, park vendor, and staff member and volunteer of a programming partner or CBO shall wear, in a conspicuous and visible manner, an identification badge that contains his/her photograph and full name while working or volunteering on park property owned or operated by the village, except when in costume and during a performance. The identification badge shall be of a size, design, and format approved by the village park and recreation department.
Volunteers are NOT exempt. The Act does include Volunteers as
well. Palmetto Bay’s ordinance defines the applicability as follows:
"Volunteer shall refer to any individual performing volunteer duties for a
CBO, for a programming partner, for the village's park and recreation
department, as a child event worker, or as a park vendor for more than three
days in any six-month period. Students volunteering in order to fulfill high
school graduation requirements shall be exempted from this definition." (bold emphasis added)
Reading the original Shannon Melendi Act on Municode may be a bit arduous, so here is a link to the actual Ordinance that I and fellow members of the village council championed in 2008: CLICK HERE to view.
PENALITIES - FINES FOR VIOLATIONS REMAIN THE LAW IN PALMETTO BAY
By the way, there are penalties for those who violate Palmetto Bay's Shannon Melendi Act. Sec. 20-179. - Section 8CC-10 Schedule of civil penalties. Read the entire code section (CLICK HERE to view this specific section on Municode).
Village Officials, who are charged with enforcing (or amending) Village Codes, may issue a notice of violation which carries a civil penalty up to $500.00 for violations of this action, including: "Failure to secure nationwide criminal background check of a prospective child event worker, park vendor, or employee or volunteer of a programming partner or CBO whose duties would require physical presence on The village-owned or operated park property"
FAIR QUESTION: Should this ordinance (law), The Shannon Melendi Act, be enforced as enacted or applied selectively if at all? I say this law is needed more that ever.
IN MY OPINION: There is no 'explaining away" or "reinterpreting" Palmetto Bay's Shannon Melendi Act. Either enforce it, amend it or repeal it, but don't leave a law on the books and not enforce it. That only risks a false sense of security for our residents and their children that may lead to tragedy.
BACKGROUND - Why did the members of the Village Council in 2008 enact this ordinance (Law)? For subscribers of the Miami Herald, see: A beloved Miami college student vanished 25 years ago. There was a murder, but no closure, by Miami Herald Archives, March 10, 2019
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