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Home My WebLink AboutO-24-10 Appointed Member RemovalORDINANCE NO.O-24-10 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 2-172 — 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 update procedures for citizen advisory board matters in the Code of Ordinances; and WHEREAS, the City of Sebastian has determined that it is in the City's best interest to define certain parameters to ensure a fluent process for the City of Sebastian s advisory and policy making boards and committees as to procedural matters for removal and alternate participation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TIIE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: Section 1. AMENDMENTS TO THE CODE OF ORDINANCES. 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 2-172. REMOVAL. IS HEREBY REPEALED IN ITS ENTIRETY AND REPLACED WITH THE FOLLOWING: Sec.2-172. Removal/Investigations. (a) When member appointments are required to be made by an approving resolution or motion, such member shall serve at the pleasure of the Council member having the appointing privilege for the consideration of such approving resolution or motion, and shall be subject to removal by such Council member at any time without cause. (b) The City Council may remove at any time without cause any member of any City board or committee by promulgating a resolution approved by a majority vote of the City Council. (c) The City hereby adopts in its entirety the provisions of Florida Statute §112.501 and may also in 1 its sole discretion use it as an alternate method of removal. (d) Any complaints regarding members of City board or committees shall be referred to the City Attorney for review and any necessary investigations. The City Attorney shall have the authority to issue findings whether founded or unfounded and also whether to recommend removal by the City Council. SEC. 2-173. ATTENDANCE REQUIREMENT. IS HEREBY AMENDED TO READ AS FOLLOWS: Sec. 2-173. Attendance Requirement/Alternates. 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, business 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 to City Council that a member has not complied with the attendance requirement, the council shall issue an order of removal. The effective date of removal shall be the date on which the order of removal was entered. Alternate members shall be required to attend all meetings to ensure a quorum is met and be prepared to vote if a regular member is absent. When a regular member of a board or committee is absent, an alternate may take the place of the absent regular member at the dais. Alternate members will have no right of participation on the board or committee unless taking the place of an absent regular member. If an alternate cannot make a meeting, they shall notify the staff liaison prior to the meeting. Section 2. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any 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 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 JOnes and, upon being put to a vote, the vote was as follows: Mayor Ed Dodd aye Vice Mayor Kelly Dixon aye Council Member Fred Jones aye Council Member Christopher Nunn aye Council Member Bob McPartlan aye The Mayor thereupon declared this Ordinance duly passed and adopted on this 10th day of' April 2024. ATTEST: UJeanette Williams, City Clerk CITY OF SEBASTIAN, FLORIDA Ed Dodd, Mayor Approved as to form and legality for reliance by the City of Sebastian only: Je -fer Cockcroft., q. ity Attorney 3 ti SEBASTIAN (IMi1M A flIU A H al!•ad CITY COUNCIL AGENDA TRANSMITTAL Meetine Date: April 10, 2024 A_,enda Item Tide: Second Reading and Public Hearing of Ordinance 0-24-10, to Amend Sections 2-172 - Removal; and Section 2-173 - Attendance; of the City Code of Ordinances Recommendation: The City Attorney recommends City Council hold a second reading and public hearing on the adoption of Ordinance 0-24-10 to Amend the City Code of Ordinances Sections 2- 172 and 2-173. Back round: At the City Council workshop meeting on January 24, 2024, the City Council held a discussion on procedural matters relating to the City Council and citizen advisory boards. Topics of discussion included bringing back an Ordinance for consideration to codify procedural matters as well as making certain proposed changes as suggested and approved at the workshop. The City Attorney was given direction on the possible changes and on bringing forward an Ordinance to modify provisions of the Code of Ordinances relating to removal of citizen advisory boards, investigations by the City Attorney of same and clarify the role of alternates. Proposed Ordinance 0-24-10 proposes codifications on these matters as directed. IF AGENDA ITEM REOUIRES EXPENDITURE OF FUNDS: Budgeted Amount: $4,000 Total Cost: Advertising costs $331; translation fee minimum fee, $75 or 0.18 cents per word. Funds to Be Utilized for Appropriation: General Fund Attachments: 1) Proposed Ordinance 0-24-10 Administrative Services Department Review: ��+ — City Attorney Review: Procurement Division lwiew, if applicable: /Jl/1 City Manager Authorization: Date: