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HomeMy WebLinkAboutR-91-38RESOLUTION NO. R-91-38 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTYv FLORIDAv PERTAINING TO ADVISORY BOARDS~ COMMITTEES AND COMMISSIONS~ ESTABLISHING UNIFORM PROCEDURE FOR APPOINTMENT~ PROVIDING FOR LENGTH OF TERM~ ESTABLISHING A RESIDENCY REQUIREMENT~ PROVIDING FOR ALTERNATIVE MEMBERS~ ESTABLISHING DUTIES OF THE CITY CLERK~ PROVIDING FOR UNIFORM APPLICATION~ REQUIRING AN ACTIVE WARRANT CHECK BY THE POLICE DEPARTMENT~ PROVIDING FOR RESIGNATION AND REAPPOINTMENT~ 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, 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. Except as specifically provided in the Code of Ordinance or the Land Development Code of the City of Sebastian pertaining to the Sebastian Code Enforcement Board, the Sebastian Construction Board, the Sebastian Planning and Zoning Commission and the Sebastian Board of Adjustment, 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. In addition, except as specifically provided in the Code of Ordinances or the Land Development Code of the City of SebaStian pertaining to the Sebastian Code Enforcement Board, the Sebastian Construction Board, the Sebastian Planning and Zoning Commission and the Sebastian Board of Adjustment, terms for regular members of all appointive boards, commissions and committees shall be staggered so that no more than three (3) members shall be appointed in any given calendar year. sea~o~ 2. RESIDENCY. The majority 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 requires 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. ALTERNATIVE MEMBERS. All appointive boards, commissions, and committees, except the Sebastian Code Enforcement Board, shall have at least one (1) alternate member with a maximum of two (2) alternative 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, reappointment, and term expiration. b. The board secretary will timely notify the City Clerk and the city Clerk shall timely inform the City Council and City -- 2 -- 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. d. Two months prior to the expiration of the term of any member of an appointive board, commission or committee, or in the event of any vacancy on any such appointive board, commission or committee, the secretary or clerk to any such appointive board, commission or committee shall provide the City Clerk with a copy of all pending applications for membership on such board, commission or committee, and the City Clerk shall then provide the chairperson, the City Manager and the City Council with a copy of all pending applications for membership on such board, commission or committee, even if the incumbent member intends to seek reappointment. 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. - 3 - 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 chairperson 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 reappointment shall notify the chairperson of such board, commission or committee at least two (2) months in advance of the expiration date of his or her term of office. Section 8. VACANCIES AND REAPPOINTMENTS. a. Each member of an appointive board, commission or committee who seeks reappointment shall notify, in writing, the respective chairperson of the board, commission or committee, of the intention of such member to seek reappointment at least two (2) months in advance of the term expiration date. - 4 - b. The chairperson shall present the reappointment of a member to the other members who shall vote to make a recommendation to the City Council. c. In no event shall any individual who has served as a regular member of the appointive, board, commission or committee for the greater of two (2) consecutive terms or six (6) years be reappointed to serve another consecutive term as a regular member of such appointive board, commission or committee unless no other individual, who has otherwise legally qualified to serve as a regular member of such appointive board, commission or committee has filed an application with the City Clerk, which is then still pending, seeking appointment to serve as a regular member of such appointive board, commission or committee. This provision shall not preclude such regular member from seeking appointment as a regular member to another appointive board, commission or committee. d. In the event that the City Council fails to reappoint a member for any reason prior to the expiration of the member's term, the member shall continue to serve until reappointment is ratified or a new appointment is confirmed. e. Whenever a current or former member of an appointive board, commission or committee is being considered for appointment or reappointment to an appointive board, commission or committee, the City Council shall consider the number and nature of the memoranda of conflict previously filed by such individual pursuant to Section 112.3143 of Florida Statutes. -- 5 -- Section 9. UNEXPIRED TERM. In the event that a vacancy occurs prior to the expiration of the term, the chairperson 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 in the City of Sebastian, 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 to the basis for his or her suspension or removal, provide reasonable notice, and an opportunity to be heard prior to any action being taken. - 6 - b. The City Council may suspend or remove from office any member of an appointive board, commission or committee, for malfeasance, misfeasance, neglect of duty, habitual drunkenness, incompetence, or permanent inability to perform his or her official duties. c. The city Council may suspend or remove from office any member of an appointive board, commission or committee, 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 chairperson; 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 member of an appointive board, commission or committee, who is arrested for a felony or for a misdemeanor related to the duties of the office or who is indicated 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 member of an appointive board, commission or committee, 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 - 7 - been convicted, notwithstanding a suspension of sentence or a withholding of adjudication. f. The city Council may, in its discretion, reinstate any member of an appointive board, commission or committee, at any time prior to his or her removal. g. The suspension of a member of an appointive board, commission or committee, 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 member of an appointive board, commission or committee 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 member of an appointive board, commission or committee, who has been suspended from office under this section may perform any official act, duty, or function during his or her suspension; receive any pay or allowance during his or her suspension; or be entitled to any of the emoluments or privileges of his or her office during his or her suspension. i. If a member of an appointive board, commission or committee 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 or she was -- 8 -- suspended under the provisions of this section, the city Council shall forthwith revoke the suspension and restore such member to office. Section 13. SELECTION OF CHAIRPERSONS AND VICE CHAIRPERSONS. Whenever possible, the individual selected as the chairperson and vice chairperson of an appointive board, commission or committee, shall have served two (2) years as a regular member of such appointive board, commission or committee, and shall have attended at least ninety percent (90%) of the meetings of such appointive board, commission or committee, which such member was not otherwise excused from attending by the individual serving as the chairperson of such appointive board, commission or committee at such meeting or meetings. Seotion 14. CONFLIC?. Resolution No. R-90-17 and all other resolutions in conflict herewith are hereby repealed. In the event of any conflict between the provisions of this Resolution and any provisions contained in FLorida Statutes or in the Code of Ordinances or Land Development Code of the City of Sebastian, the provisions of the applicable Florida Statutes, Code of Ordinances or Land Development Code of the City of Sebastian shall control and preempt the application of the conflicting provisions contained in this Resolution. Section 15. BEVERABILITY. In the event a court of 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 -- 9 -- 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 such invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section ~6. EFFECTIVE DATE. This Resolution shall take effect immediately upon final passage. The foregoing Resolution was moved for adoption by the vote was as follows: . The motion was seconded by and, upon being put into a vote, Mayor W. E. Conyers Vice-Mayor Frank Oberbeck Councilman Peter R. Holyk Councilman Lonnie R. Powell Councilman George R. Reid The Mayor thereupon declared this Resolution duly passed and adopted this(~j~-~/-/''') day of ~ , 1991. ATTEST: Kathryn ~. O'Halloran, CMC/AA~ City Clerk (SEAL) Ap~rm and Content: C~rles Ian Nash, City Attorney CITY OF SEBASTIAN, FLORIDA - 10 -