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HomeMy WebLinkAboutR-94-51RESOLUTION NO. R-94-51 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO ADVISORY BOARDS, COMMITTEES AND COMMISSIONS; ESTABLISHING UNIFORM PROCEDURES 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; 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. Section 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. Ail 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. 2 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. 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 notify the city Clerk of such opening to enable the City Clerk to advertise the position. 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 provide 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. RESIGNATION. Any member of an appointive board, commission or committee who does not intend to seek reappointment shall notify the city Clerk and 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 7. VACANCIES AND REAPPOINTMENTS. a. Each member of an appointive board, commission or committee who seeks reappointment shall notify, in writing, the City Clerk and 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. b. The chairperson shall present the reappointment of a member along with other pending applications for the position 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 4 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. Section 8. 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 or another applicant for the position. The City Council shall review the recommendations of the board, commission or committee prior to exercising its discretion in filling the unexpired term. Section 9. 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 10. INTERVIEW. The respective board, commission or committee may interview an applicant at a public meeting however, the City Council shall interview each applicant at a public meeting, and shall vote for their selection at a public meeting designated for such purpose. Section 11. 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. 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 6 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 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 7 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 suspended under the provisions of this section, the City Council shall forthwith revoke the suspension and restore such member to office. Section CHAIRPERSONS. chairperson 12. SELECTION OF CHAIRPERSONS AND VICE Whenever possible, the individual selected as the 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. Section 13. If any clause, section, or other part of this 8 ~. . Resolution shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be eliminated and shall in no way affect the validity of the other provisions of this Resolution. section 14. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 15. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution /') L4-'1..-v....nU . I J ~ j/ r . /U<:-f.A.-;/ _ was moved for adoption by councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Arthur L. Firtion Vice-Mayor Carolyn Corum Councilmember Norma J. Damp Councilmember Francis J. Oberbeck Councilmember Robert J. Freeland 1Y~'-- d~/_C~-' :Z~~6 "'t;'C' Resolution duly passed and The Mayor thereupon declared this adopted this /c?t;t of "oj c:Z~~4eL' , 1994. ~S~ by: I , Arthur L. irtion, Mayor ATTEST: ~_ In f)/~ Kathry M. O'Halloran, CMC/AAE (Seal) Approved as to Form and Content: ~ Q..""'-~~<1 Clifton A. Mcclelland, Jr. City Attorney 9