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Home My WebLink AboutO-22-10 Board Apptments, Qualification, Attendance, RemovalORDINANCE NO.O-22-10 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CITY OF SEBASTIAN CODE OF ORDINANCES CHAPTER 2 - ADMINISTRATION, ARTICLE VI — BOARDS, COMMISSIONS, COMMITTEES, DIVISION 1 - GENERALLY, AMENDING SECTION 2-166 - DEFINITIONS; AMENDING SECTION 2-167 — APPOINTMENTS; AMENDING SECTION 2-170 - QUALIFICATIONS; AMENDING SECTION 2-172 — REMOVAL; AMENDING SECTION 2-173 - ATTENDANCE REQUIREMENT; PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, PROVIDING FOR SCRIVENERS ERRORS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The City of Sebastian, Indian River County, Florida, is a municipal corporation duly created and existing pursuant to the Constitution and laws of the State of Florida; and WHEREAS, The City Council of the City of desires to consolidate and update procedures for board, commission and committee meetings in the Code of Ordinances; and WHEREAS, The City of Sebastian has determined that it is in the city's best interest to defined certain parameters to ensure a fluent appointment process to the City of Sebastian's advisory and policy making boards and committees to include a definition of resident, procedural matters and attendance requirement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Code of Ordinances, City of Sebastian, Florida is hereby amended as follows: Chapter 2 — ADMINISTRATION Article VI — Boards, Commissions, Committees, Division 1 — Generally Section 2-166. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section: "Board" shall mean any permanent board or committee of the city, which is established by ordinance as a permanent board or committee of the city. 1 "Committee" shall mean any temporary committee or commission of the city, which is established by resolution to complete a spccific task or study a specific problem and recommend a solution or policy alternative within a time certain. Its existence shall terminate upon the completion of its assignment or on a date certain as provided by the resolution creating the committee or commission. "Resident" shall mean citizens that permanently reside in Citv of Sebastian. consider Citv of Sebastian its home of record and have been living in the city for at least one (1) full vear prior to application. Neither "board" nor "committee" shall be construed to include the city council. Sec. 2-167. Appointments. The city council shall make all appointments and reappointments to the boards and committees of the city. Unless waived by the city council an ....brie meeting. Following such inteniew, . The City Council shall fill the vacancy from the list of applicants provided by the Citv Clerk. Citv Council may choose to interview the applicants at a public meeting. All boards and committees shall have at least one alternate member, with a maximum of two alternate members. No person shall serve on more than one city board or permanent committee simultaneously See. 2-170. Qualifications. The primary consideration in appointing board and committee members shall be to provide the board or committee with the needed technical, professional, financial, business or administrative expertise. An applicant's previous term as a member or an alternate member of the board or committee on which there is a vacancy may be given special consideration. Whenever a current or former member of a board or committee is being considered for appointment or reappointment to a board, the city council shall consider the number and nature of env written memorandum of conflict or Form 8B the memorandao cen9ist—previously filed by such individual pursuant to Chapter F.S.112, relating to that individual's previous membership on the board or committee for which the appointment is being considered. All of the members of each board or committee shall be a residents of the oCity of Sebastian; however it shall be fequifed that any membeF ef the planning and zoning -eeider-�.aent of-.' -0 the say in accordance with the definition in Sec. 2-166. Additional qualifications may be ordained or be otherwise applicable for a particular board or committee. 2 Section 2-172. Removal. Any member of a board or committee of the city may be removed from office by the City Council without cause by a vote approved by at least four (4) members of the entire membership of the City Council. Any member of a board or committee of the city may be removed for cause from office for the violation of any provision of State law governing the conduct of elected or appointed officials; conviction in any court for a violation of law involving moral turpitude; misfeasance; nonfeasance or malfeasance in the performance of official duties; or abandonment of office by a majority vote of the members of the City Council present at the meeting where said removal is being considered. Upon the direction of a majority of the City Council, a notice of removal shall be served upon the member sought to be removed, which shall specify the grounds for removal. The notice of removal shall be delivered by personal delivery e—mail or by ordinary first class mail to the member at the address provided by the records of the City Clerk. Service shall be accomplished as soon as is practicable after the City Council directs service of the notice of removal. Except as provided in Section 2-173 below, the notice shall include a statement that the member has the right to request a hearing before the City Council and that the request for a hearing must be received by the City Clerk on or before a date to be specified in the notice which shall be seven (7) days from the date of service if the notice is personally served, or ten days from the date of mailing if the notice is served by mail. Sec. 2-173. Attendance Requirement. Notwithstanding any other provision of this Code, any board or committee member shall be automatically removed if he or she is absent from three consecutive meetings without an acceptable excuse. An "acceptable excuse" is defined as an absence for medical-reasees, business-reaseus; or personal reasons, or any other reason which the chair of the board or committee deems appropriate. Upon notification by the chair of the board or eomsMV,ee-to Citv Council that a member has not complied with the attendance requirement, the eity council shall issue an order of removal. The effective date of removal shall be the date on which the order of removal was entered. Removal of board or committee members pursuant to this section shall not be subject to section 2-172. Alternate members shall be reouired to attend all meetings to ensure a auomm is met and be nreoared to vote if a regular member is absent. If an alternate cannot make a meetine. thev shall notifv the staff liaison prior to the meeting. Section 2. ES VERABILITY. In the event a court of competent jurisdiction shall determine that my part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 3. INCLUSION INTO THE CODE OF ORDINANCES. It is the intent of the Sebastian City Council that the provisions of this ordinance shall become and be made a part of the City of Sebastian's Code of Ordinances, and that the sections of this ordinance may be renumbered or re -lettered and the word "ordinance" may be changed to "section," "article," "regulation," or such other appropriate word or phrase in order to accomplish such intentions. Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed except when the conflict exists to comply with Florida law. Section 5. SCRIVENER'S ERRORS. Sections of this ordinance may be renumbered or re - lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. Section 6. EFFECTIVE DATE. This Ordinance shall take effect upon approval at second reading by the City Council and signature of the Mayor. The foregoing Ordinance was moved for adoption by Council Member Nunn The motion was seconded by Council Member Dodd and, upon being put to a vote, the vote was as follows: Mayor Jim Hill aye Vice Mayor Fred Jones -aye Council Member Christopher Nunn aye Council Member Ed Dodd aye Council Member Bob MCPartlan aye The Mayor thereupon declared this Ordinance duly passed and adopted on this 13th day of July 2022. CITY OF SEBASTIAN, FLORIDA Jim Hill, Mr _ AT1�T^ES,T: Approved as to form and legality for __ dianette Williams, City Clerk reliance by jhe City q Se ¢tian only: 4