Loading...
HomeMy WebLinkAboutR-90-17RESOLUTION NO. R-90-17 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 AN ACTIVE WARRANT CHECK BY THE POLICE DEPARTMENT; PROVIDING FOR RESIGNATION AND RE-APPOINTMENT; 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; PROVIDING FOR SEVERABILITY; 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, %he 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 or Florida Statute. Terms shall be stag§ered 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. The remaining members of all appointive boards, commissions, and committees shall reside in Indian River County. SECTION 3. ALTERNATE MEMBERS. All appointive boards, 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. 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 copy of the publication entitled Florida Commission on Ethics Guide for Political Officers and Employees, the City Board Handbook and related financial disclosure forms. SECTION 5. 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. 2 SECTION 6. INVESTIGATION. a. Each applicant shall, at the time of submitting his application, authorize an active warrant check by the Chief of Police. b. The City Clerk shall forward a copy of the application to the Chief of Police. The original application 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. 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. 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. 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. The City Council shall review the recommendations of the board, commission, or committee prior to exercising its discretion in filling the unexpired term. SECTION 10. SOLICITATION FOR APPLICANTS. a. The City Clerk shall, by press release in a newspaper of general circulation, notice open positions at the request of board secretaries. SECTION 11. INTERVIEW. The respective board, commission, committee or City Council may interview an applicant at 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 12. REMOVAL. a. Prior to suspending or removing a member of an appointive board, commission, or committee, the City Council shall specify sufficient facts to advise the affected member as 4 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; the failure to attend three (3) consecutive regular meetings of the respective board, commission, or committee without being excused by the chairman; being adjudicated as incapacitated or incompetent by a court of law; establishing permanent residency in contravention to the conditions for appointment; or failing to file a financial disclosure as required by Chapter 112, Florida Statutes. 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. 5 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. SECTION 13. CONFLICT. Resolution R-80-28 and all other resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 14. SEVERABILIT¥. In the event a court of 6 competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution 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 or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Resolution without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. SECTION 15. EFFECTIVE DATE. This Resolution shall take effect immediately upon final passage. The fore,lng Resolution was moved for adoption by Councilman ~~ ....... . The motion was seconded by Councilman ' ~d,~_~ and, upon being put to a vote, the vote was as fo~il6Qs: Mayor W.E. Conyers Councilman Robert McCollum Councilman Frank Oberbeck Councilman Lonnie Powell Councilman Lloyd Rondeau ATTEST ~ KatP~r~ M. O'Halloran, CMC/AAE City Clerk The Mayor thereupon declar~d this Resolution duly passed and adopted this _~, day of ~j~_ . 1990. CITY OF SEBASTIAN, FLORIDA W'. ~. Coh~~ayor ( SEAL ) Approvals to Form and Content: Charles ian Nash, City Attorney 7