HomeMy WebLinkAboutO-04-16 ORDINANCE O-04-16
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA,
AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES,
TO REMOVE RESIGN TO RUN RESTRICTIONS AND
REGULATE COUNCIL MEMBERSHIP ON BOARDS;
PROVIDING FOR CONFLICT; PROVIDING FOR
EFFECTIVE DATE.
WHEREAS, Section 99.012 (2), Florida Statutes provides for restrictions on
certain individuals qualifying for public office; and
WHEREAS, Section 99.012 (7) (b) specifically states that this provision does not
apply to persons serving without salary as members of an appointive board or authority;
and
WHEREAS, the City's existing Section 2-167 of the Code of Ordinances requires
all members of any city board or committee to resign at least ten days prior to qualifying
as a candidate for political office, and qualification for elective office is deemed
immediate resignation from such board or committee; and
WHEREAS, all city board and committee members serve without compensation;
and
WHEREAS, the City's authority to regulate resign-to-run is pre-empted by the
State of Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. That Chapter 2, Article Vt. Division I. of the City Code, City of
Sebastian, Florida, Administration - Boards, Commissions, Committees, Section 2-167,
is hereby amended to read as follows:
Sec. 2-167. Appointments
'q'he 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, the city council shall interview persons, requesting
consideration for appointment at a public meeting. Following such interview, the
city council shall fill the vacancy from the list of applicants. All boards and
committees shall have at least one alternate member, with a maximum of two
alternate members.
eemmittee,. No person shall serve on more than one city board or permanent
committee simultaneously."
Section 2. That the Code of Ordinances, City of Sebastian, Florida, is hereby
amended by adding a section, to be number 2-35, which said section shall read as
follows.
"Sec. 2-36. Other Boards or Committees.
Absent express authorization within the ordinance or resolution
establishing a board or committee of the City, no member of Council shall serve
thereupon in any capacity. #
Section 3. CONFLICT. All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
Section 4. SEVERABILITY. In the event a court of competent jurisdiction
shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance
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 provisions. It shall
further be assumed that the City Council would have enacted the remainder of this
Ordinance without said invalid or unconstitutional provision, thereby causing said
remainder to remain in full force and effect.
2
Section 5.
immediately.
EFFECTIVE DATE.
This Ordinance shall become effective
The foregoing Ordinance was moved for adoption by Councilmember
Coniglio The motion was seconded by Councilmember
Heptinstall and, upon being put to a vote, the vote was as follows:
Mayor Nathan B. McCollum
Vice-Mayor Joe Barczyk
Councilmember Ray Coniglio
Councilmember Lisanne Monier
Councilmember Mike Heptinstall
aye
aye
aye
aye
aye
The Mayor thereupon declared this Ordinance duly passed and adopted this
15th day of September, 2004.
ATTEST:
Sally A. M~, OMC
City Clerk
CITY OF SEBASTIAN, FLORIDA
Mayor Nathan B. McCollum
Approved as to Form and Legality for
Reliance by the City of Sebastian Only:
Rich Stringer, City Attorney~_~