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HomeMy WebLinkAboutO-97-560-97-56 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, CREATING UNIFORM PROCEDURES FOR APPOINTMENT TO CITY BOARDS, CO~4ISSIONS AND COMMITTEES; PROVIDING FOR DEFINITIONS; PROVIDING FOR APPOINTMENTS; PROVIDING FOR A LIST OF VOLUNTEERS; PROVIDING PROCEDURES FOR ANNOUNCEMENT OF VACANCIES AND APPLICATIONS FOR APPOINTMENT; PROVIDING FOR QUALIFICATIONS; PROVIDING FOR TERMS; PROVIDING FOR REMOVAL PROCEDURES; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council of the City of Sebastian, Florida, ("City Council") desires to consolidate procedures for board, commission and committee appointments into one section of the Code of Ordinances; and WHEREAS, the City Council finds that this consolidation will clarify appointment procedures and that this will further the health, safety and welfare of the citizens of Sebastian, Florida, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AS FOLLOWS: Section 1. A new section of Chapter 2, Article VI, Division L, of the Code of Ordinances of the City of Sebastian, Florida, is hereby created to read as follows: 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 board, contmittee or commission of the city, which is established by ordinance as a permanent board or committee of the city. "Committee" shall mean any committee or commission of the city, which is established by resolution' to 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. Neither "board" nor "committee" shall be construed to include the City Council. Section 2. A new section of Chapter 2, Article VI, Division I, of the Code of Ordinances of the City of Sebastian, Florida, is hereby created to read as follows: Section 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 and the applicant, the City Council shall interview persons requesting consideration for appointment at a public meeting. Following said interview, the City Council shall fill the vacancy from the list of applicants. All boards and committees shall have at least one (1) alternate member, with a maximum of two (2) alternate members. No member of any city board or committee shall become a candidate for elective political office during his or her term. A letter of resignation shall be tendered to the Office of the City Clerk at least ten (10) days prior to the first day of qualifying for the office he or she intends to seek. No person shall serve on more than one (1) city board simultaneously. Section 3. A new section of Chapter 2, Article VI, Division 1, of the Code of Ordinances of the City of Sebastian, Florida, is hereby created to read as follows: Section 2-168 List of volunteers. (a) Twice a year advertisements shall be published in a newspaper of general circulation setting forth a list of all city boards and committees, special qualifications necessary for membership and the city telephone number to call for additional information. 2 new section of Chapter 2, Article VI, Division 1, of the Code of Ordinances of the City of Sebastian, Florida, is hereby created to read as follows: Section 2-169 Announcement of vacancies, applications for consideration. Vacancies in the membership of a city board or committee shall be announced by the City Clerk by posting a notice of same at a public place in the City Hall and by publishing a copy thereof in a newspaper of general circulation in the city. Persons wishing to be considered for appointment shall file an application with the office of the City Clerk. new section of Chapter 2, Article VI, Division 1, of the Code of Ordinances of the City of Sebastian, Florida, is hereby created to read as follows: Section 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 the memoranda of conflict previously filed by such individual pursuant to Chapter 112 Florida Statutes, 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 residents of the city. Additional qualifications may be ordained or be otherwise applicable for a particular board or committee. new section of Chapter 2, Article VI, Division 1, of the Code of Ordinances of the City of Sebastian, Florida, is hereby created to read as follows: Section 2-171 Terms. Except as otherwise provided by ordinance or by State law, board and committee members 3 shall be appointed to fill specific three (3) year terms of membership, which shall be staggered, so that no more than three (3) members of a particular board or committee shall be appointed in any given calendar year. In the event that an appointment is made to fill an unexpired term, the member shall serve until the end of the unexpired term. In no event shall any individual who has served as a member of the board or committee where a vacancy occurs for the greater of two (2) consecutive terms or six (6) years be reappointed to serve another consecutive term as a member of such board or committee, unless no other individual, who has otherwise legally qualified to serve as a member of said board or committee has a current application on file with the City Clerk seeking appointment to serve as a member of such board or committee. This provision shall not prevent appointment to a different board or committee. For purpose of this section, the calculation of service of a board member shall not include time served as an alternate member of the board or committee where the vacancy occurs. Section 7. A new section of Chapter 2, Article VI, Division 1, of the Code of Ordinances of the City of Sebastian, Florida, is hereby created to read as follows: 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 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 or by ordinary first class mail to the 4 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. Upon timely request for a hearing before the City Council, the Council shall set a date and time for the hearing and direct the City Clerk to give the member notice of the hearing. At the hearing, the member may present evidence and argument as to why the removal should not occur. The member may be represented by legal counsel and all proceedings shall be recorded on magnetic tape by the City Clerk. The decision of the Council may be either to remove, suspend, reprimand or to absolve the member. For purpose of this section, the effective date of removal of a member shall be immediately after the expiration of the time in which the member has the right to request a hearing before the City Council. If the member timely requests a hearing, and if the City Council decides to remove the member upon the conclusion of the hearing, the removal shall take effect immediately. If a member timely requests a hearing, but withdraws the request prior to the hearing, the effective date shall be the date on which the request was withdrawn. Section 8. A new section of Chapter 2, Article VI, Division 1, of the Code of Ordinances of the City of Sebastian, Florida, is hereby created to read as follows: Section 2-173 Attendance Re_cfuirement. Notwithstanding any other provision of this Code, any board or committee member shall be automatically removed if, in a given fiscal year he or she is absent from three (3) consecutive meetings without an acceptable excuse. An "acceptable excuse" is defined as an absence for medical reasons, business reasons, 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 committee that a member has not complied with the attendance requirement, the City 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. Section 9. If any section or part of a section of this Ordinance is declared invalid or unconstitutional, the validity, force and effect of any other section or part of a section of this Ordinance shall not thereby be affected or impaired unless it clearly appears that such other section or part of a section of this Ordinance is wholly or necessarily dependent upon the section or part of a section so held to be invalid or unconstitutional. Section ~0. This Ordinance shall prevail over all other Ordinances which are in conflict with this Ordinance. If any clause, section or other part or application of this Resolution shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and in no way affecting the validity of the remaining portions or applications remaining in full force and effect. ~ectlcn ~l. This Ordinance shall go into effect immediately upon its passage and adoption and authentication by the signature of the presiding officer and the Clerk of the City Council. The foregoing Ordinance Councilmember ~~ C o un c i 1 m embe r ...... ~,~~ was moved for adoption by The motion was seconded by and, upon being put into a 6 vote, the vote was as follows: Mayor Walter Barnes vice-Mayor Richard J. Taracka Councilmember Louise Cartwright Councilmember Larry Paul Councilmember Ruth Sullivan The Mayor thereupon declared this Ordinance duly passed and adopted thisbe:hr/day of ~.~..~.~77~ , 1997. CITY OF SEBASTIAN, FLORIDA Walter Barnes, Mayor ATTEST: K~thry~ M. O'Halloran, CMC/AAE (Seal) Approved as to Form and Content: Valerie F. Settles City Attorney