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HomeMy WebLinkAboutR-89-13 RESOLUTION NO. R-89-13 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO ADVISORY BOARDS; ESTABLISHING UNIFORM PROCEDURE FOR APPOINTMENT; PROVIDING FOR LENGTH OF TERM; ESTABLISHING A RESIDENCY REQUIREMENT; PROVIDING FOR ALTERNATE MEMBERS; ESTABLISHING DUTIES OF THE CITY CLERK; PROVIDING FOR UNIFORM APPLICATION; REQUIRING A PRE-APPOINTMENT INVESTIGATION INTO THE APPLICANT'S BACKGROUND; PROVIDING FOR RESIGNATION AND RE-APPOINTMENT; ESTABLISHING A CONTINUING OBLIGATION TO REPORT A CHANGE IN STATUS; ESTABLISHING A PROCEDURE TO FILL AN UNEXPIRED TERM IN THE EVENT OF A VACANCY; PROVIDING FOR SOLICITATION OF APPLICANTS BY THE CITY CLERK; ESTABLISHING APPLICANT INTERVIEW PROCEDURES; REQUIRING THE CITY CLERK TO PROVIDE APPOINTEES WITH ETHICAL AND FINANCIAL DISCLOSURE INFORMATION; PROVIDING GROUNDS FOR REMOVAL; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Home Rule Charter of the City of Sebastian and the Code of Ordinances enacted pursuant to its authority allow the creation of appointive boards to assist and advise the City Council in the performance of its duties; and WHEREAS, the City is dependent upon volunteers to fill the seats on the respective advisory boards; and WHEREAS, the City Council desires to establish a uniform procedure for appointment to such advisory boards; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. TERM. The members of all appointive boards, commissions, and committees shall be appointed to a three (3) year term unless otherwise provided by ordinance. Terms shall be staggered so that no more than three (3) members shall be appointed in any given calendar year. SECTION 2. RESIDENCY. The ma3ority of the members of each appointive board, commission, or committee shall be residents of the City of Sebastian unless applicable Florida statute or City ordinance require that all members of such board, commission, or committee reside within the corporate limits of the City. In selecting a chairman and vice-chairman, preference shall be given to City residents. The remaining members of all appointive boards, commissions, and committees shall reside in Indian River County. 3. ALTERNATE MEMBERS. Ail appointive boards, SECTIO~ _ commissions, and committees, except the Code Enforcement Board, shall have at least one (1) alternate member with a maximum of two (2) alternate members. SECTION 4. DUTIES OF THE CiTY CLERK. a. The City Clerk shall keep and maintain a list of the names, addresses, and telephone numbers of all members of appointive boards, commissions, and committees; their date of appointment, re-appointment, and term expiration. The City Clerk shall revise such records upon a change in status of any appointee. b. The City Clerk shall timely inform the City Council and City Manager of any changes made to the composition of any appointive board, commission, or committee. c. The City Clerk shall provide each new appointee with a on Ethics copy of the publication entitled Florid~ Commission __ Guide for Political Officer~ ~nd Employee~ and related financial disclosure forms for the year in which the appointment is made. SECTION ~. APPLICATION. a. The City Council shall approve a uniform application which shall be completed by each individual seeking appointment to a board, commission, or committee. b. Each applicant shall file a complete application with the City Clerk which is signed and dated by the applicant. Each applicant shall attest to the truthfulness of the information on the application. c. The City Clerk shall receive and attach to the application any additional information which the applicant wishes to bring to the attention of the City council. SECTION 6. iNVESTIGATION. a. Each applicant shall execute, at the time of submitting his application, an authorization form permitting a check of his background. b. The City Clerk shall forward a copy of the application and authorization form to the Chief of Police. The original application and authorization form shall be filed by the City Clerk in the public records of her office. c. The Chief of Police shall determine if the applicant is presently the subject of an active warrant. In addition, the Chief of Police shall verify the truthfulness of all information and omissions set forth in the application. Further, the Chief of Police shall obtain a criminal history report on the applicant from the Florida Department of Law Enforcement. Upon completion of this inquiry, the Chief of Police shall forward a copy of all documentation to the City Clerk. The Clerk shall then promptly forward a copy of this documentation to the chairman of the respective board, commission, or committee to which the applicant is seeking appointment. SECTION 7. RESIGNATION. Any member of an appointive board, commission, or committee who does not intend to seek re- appointment shall notify the chairman of such board, commission, or committee at least two (2) months in advance of the expiration date of the term. SECTION 8. RE-APPOINTMENT. a. Each member of an appointive board, commission, or committee who seeks re-appointment shall notify, in writing, the respective chairman of the board, commission, or committee of the intention to seek re-appointment at least two (2) months in advance of the term expiration date. b. The chairman shall present the re-appointment of a member to the other members who shall vote to make a recommendation to the City Council at its earliest possible meeting. c. The board, commission, or committee may choose to recommend re-appointment for a full term, appointment of an alternate member to the next full term, or seek applications for the expected vacant position. d. The City Council shall review the recommendation of the board, commission, or committee in exercising its discretion in filling the vacancy. 3 e. In the event that the City Council fails to re-appoint a member for any reason prior to the expiration of the member's term, the member shall continue to serve until re-appointment is ratified or a new appointment is confirmed. SECTION 9. CHANGE IN STATUS. Each member of an appointive board, commission, or committee shall notify the respective chairman of any change in the member's individual status which differs from the information provided on the initial application. Notification shall be made within one (1) month of the change of status. SECTION 10. UNEXPIRED TERM. In the event that a vacancy occurs prior to the expiration of the term, the chairman of the respective board, commission, or committee shall place the filling of such term on the agenda of the next regular meeting or call a special meeting for the sole purpose of considering the filling of such vacancy. The board, commission, or committee may recommend the filling of the unexpired term by appointment of an alternate member or solicitation of new applications. The City Council shall review the recommendations of the board, commission, or committee prior to exercising its discretion in filling the unexpired term. SECTION 11. SOLICITATION FOR APPLICANTS. a. The City Clerk shall advertise for interested applicants for the respective appointed boards, commissions, and committees at least twice per year or as more frequently directed by the City Council. b. Ail applications of qualified applicants shall be held on file for at least two (2) years. c. The City Clerk shall notify each applicant prior to purging his application from the file. d. An applicant may voluntarily remove his application from consideration at any time. e. In the event that an application has been submitted more than three months prior to the time that the City Council considers such applicant certify for appointment, the City Clerk 4 shall request the applicant to certify that there have not been any changes in the information provided in the initial application. SECTION 12. INTERVIEW. The respective board, commission, committee or City Council may interview an applicant at a public meeting. Further, any individual member of a board, commission, committee, or individual City Council member may interview an applicant individually, provided that such member does not communicate the contents of such interview to any other member of his board outside of a public meeting. Each member of a board, commission, committee, or City Council shall vote for their choice for the appointment at a public meeting designated for such purpose. SECTION 13. REMOVAL. a. Prior to suspending or removing a member of an appointive board, commission, or committee, the City Council shall specify by resolution sufficient facts to advise the affected member as to the basis for his suspension or removal, provide reasonable notice, and an opportunity to be heard prior to any action being taken. b. The City Council may suspend or remove from office any board member for malfeasance, misfeasance, neglect of duty, habitual drunkenness, incompetence, or permanent inability to perform his official duties. c. The City Council may suspend or remove from office any municipal board member for the falsification or omission of information requested on the application form; failure to attend three (3) consecutive regular meetings of the respective board, commission, or committee without being excused by the chairman; found to be mentally incompetent by a court of law; establishes permanent residency in contravention to the conditions for appointment; fails to file a financial disclosure as required by Chapter 112, Florida Statutes; or ignores the advice of the City Attorney to the extent that the member's actions could 3eopardize the City in its ability to be represented by its insurer during a legal action. d. The City Council may suspend from office any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of the office or who is indicted or informed against for the commission of any federal felony or misdemeanor or state felony or misdemeanor. e. The City Council may remove from office any municipal board member who is convicted of a Federal felony or misdemeanor or state felony or misdemeanor. For purposes of this subsection, any person who pleads guilty or nolo contendere or who is found guilty shall be deemed to have been convicted, notwithstanding a suspension of sentence or a withholding of adjudication. f. The City Council may, in its discretion, reinstate any municipal board member at any time prior to his removal. g. The suspension of a municipal board member by the City Council creates a temporary vacancy in such office during the suspension. Any temporary vacancy in office created by the suspension of a municipal board member, under the provisions of this section, shall be filled by a temporary appointment to such office for the period of the suspension, not to exceed beyond the term of the suspended municipal board member. Such temporary appointment shall be made in the same manner and by the same authority as provided by this Resolution for the filling of a permanent vacancy in such office. h. No municipal board member who has been suspended from office under this section may perform any official act, duty, or function during his suspension; receive any pay or allowance during his suspension; or be entitled to any of the emoluments or privileges of his office during his suspension. i. If a municipal board member is acquitted or found not guilty or is otherwise cleared of the charges which were the basis of the arrest, indictment, or information by reason of which he was suspended under the provisions of this section, the City Council shall forthwith revoke the suspension and restore such municipal board member to office. The affected board member shall be entitled to and be paid full back pay and other emoluments or allowances to which he would have been entitled for the full period of time of his suspension. If, during his suspension, the term of office as a municipal board member expires and a successor is either appointed or confirmed, such back pay, emoluments, or allowances shall only be paid for the duration of the term of office during which the municipal board member was suspended under the provisions of this section, and he shall not be reinstated. SECTION 14. CONFLICT. Resolution R-80-28 and all other resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 15. EFFECTIVE DATE. This Resolution shall take effect immediately upon final passage. The foregoing Resolution was moved for adoption by Councilman ~/~~ Councilman ~ ~L ~/ the vote was as follows: The motion was seconded by and, upon being put to a vote, Mayor Richard B. Votapka Vice Mayor Kenneth Roth Councilman Peter Vallone Councilman Robert McCarthy Councilman George Metcalf The Mayor thereupon declared this Resolution duly passed and adopted this - '~ day of ~/~-./%- , 1989. CITY OF SEBASTIAN, FLORIDA Richard B. Votapka, Mayor ATTEST: 0 ' Halloran~ CMC/AAE . ~y Clerk (SEAL) Approved as to Form and Legal Sufficiency: Charles Ian Nash, Esqu-lre City Attorney 7 CITY OF SEBASTIAN APPLICATION FOR BOARD APPOINTMENT Board Applied For: Name: Date of Birth: Social Security Number: Sex: Note: Each question must be completely answered. If additional space is required, please attach additional sheet(s) and clearly identify the question to which you are responding. List all residential addresses for the past ten years, beginning with your present address and working back in reverse chronological order. Please include your present residential telephone number. Present Street Address: Telephone: Present Mailing Address (if different): Street Address: Street Address: Street Address: Are you a registered voter in the City of Sebastian? Are you a registered voter in Indian River County? High School: Education Address: Date of Graduation: College/University: Address: Maj or: Degree Received: Dates Attended: College/University: Address: Major: Degree Received: Dates Attended: College/University: Address: Major: Degree Received: Dates Attended: Employment List all employment activity for the past ten years, beginning with your present position and working back in reverse chronological order. Please include the telephone number where you can be contacted during business hours. Present Occupation: Employer: Mailing Address: Date of Employment: OCcupation: Phone: Employer: Mailing Address: Dates of Employment: Occupation: Employer: Mailing Address: Date of Employment: Phone: Describe in detail all of your business or military experience which you believe is particularly applicable to the position you are seeking. Please list all professional licenses which you hold (contractor, accountant, etc.) Name of License: Issuing Authority: Date of Issuance: Date of Expiration: 2 Name of License: Issuing Authority: Date of Issuance: Date of Expiration: Please list the names of all relatives who are presently employed by the City of Sebastian; serving on an appointed Board of the City of Sebastian; or who are Members of the City Council. Have you ever been convicted of a involving theft or dishonesty? felony or a misdemeanor If yes, please indicate charge, name of adjudicating court, date of adjudication, and sentence. References Please identify two persons who can provide information as to your reputation in the community. Name: Street Address: Mailing Address (if different): Residence Telephone: Business Telephone: Name: Street Address: Mailing Address (if different): Residence Telephone: Business Telephone: In the event that you are applying to serve on the Construction Control Board or the Code Enforcement Board, you must identify two individuals, other than present or past employers, who can provide information concerning your reputation in the business community. Name: Street Address: Mailing Address (if different): Business Telephone: Name: Street Address: Mailing Address (if different): Residence Telephone: Business Telephone: Please provide a brief statement as to why you are seeking this appointment. I acknowledge that I have read the relevant sections of the Constitution and Laws of the State of Florida pertaining to the general qualifications for and responsibilities of a public official, including the following specific provisions: Florida Constitution Article II, Section 5a - Dual office Holding Article II, Section 8 - Code of Ethics Article VI, Section 4 - Disqualification for Felony Conviction Florida Statutes (1987) Section 116.111 - Nepotism Section 112.311 Section 112.312 Section 112.313 - Legislative Intent and Declaration of Policy Concerning Code of Ethics - Definitions Concerning Code of Ethics - Standards of Conduct for Public Officers and Employees of Agencies Section 112.3141 - Additional Standards of Conduct for Public Officers Section 112.3143 - Voting Conflicts Section 112.3144 - Full and Public Disclosure of Financial Interests Section 112.3145 - Disclosure of Financial Interests and Clients Represented Before Agencies Section 112.3146 - Public Records Section 112.3147 - Forms Section 112.3151 - Extensions of Time for Filing Disclosure Section 112.317 - Penalties for Violation of Code of Ethics Section 286.012 - Voting Requirements During Meetings of Public Bodies I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification or removal. I understand that the City Council of the City of Sebastian may suspend or remove from office any municipal board member for malfeasance, misfeasance, neglected duty, habitual drunkenness, 4 incompetence, or permanent inability to perform his official duties. Further, I understand that the City Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is indicted or informed against for the commission of any felony or misdemeanor. SWORN TO AND SUBSCRIBED before me this day of , 19 . Notary Public, State of Florida My Commission Expires: 5