HomeMy WebLinkAboutO-12-12ORDINANCE NO. 0-12-12
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, AMENDING CODE OF ORDINANCES SECTION 2-169 PROVIDING
FOR PUBLIC NOTIFICATION OF CITY BOARD AND COMMITTEE
VACANCIES; AMENDING CODE SECTION 2-171 PROVIDING FOR
CONTINUATION OF TERM UNTIL REPLACED; AMENDING CODE SECTION
2-173 PROVIDING FOR REMOVAL PROCEDURES FOR CONSECUTIVE
UNEXCUSED ABSENCES; PROVIDING FOR SEVERABILITY; PROVIDING
FOR CONFLICTS; AND PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian, Florida, (City Council) desires to
consolidate and update procedures for board, commission and committee appointments in the
Code of Ordinances; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA, AS FOLLOWS:
SECTION 1. Chapter 2, Article VI, Division 1, Section 2-169 of the Code of
Ordinances of the City of Sebastian, Florida, is hereby amended to read as follows:
Section 2-169. Announcement of vacancies, applications for consideration.
Vacancies in the membership of a� city board or committee shall be ublicl
announced by the city clerk_
. Persons wishing to
be considered for appointment shall file an application with the office of the city clerk.
Procedures for advertisement and fillinq of vacancies shall be adopted bv resolution of the citv
council.
SECTION 2. Chapter 2, Article VI, Division 1, Section 2-171 of the Code of
Ordinances of the City of Sebastian, Florida, is hereby amended to read as follows:
Except as otherwise provided by ordinance or by state law, board members shall be
appointed to fill specific three-year terms of inembership, which shall be staggered, so that no
more than three members of a particular board shall be appointed in any given calendar year.
In the event that an appointment is made to fill an unexpired term, the member shall serve until
the end of the unexpired term.
Terms of all members of anv board or committee shall remain active until such time as
Council appoints a new member.
SECTION 3. Chapter 2, Article VI, Division 1, Section 2-173 of the Code of
Ordinances of the City of Sebastian, Florida, is hereby amended to read as follows:
Section 2-173. Attendance Requirement. Notwithstanding any other provision of this
Code, any board or committee member shall be automatically removed if, :^ �^���°^ f�c^�� „�^�
he or she is absent from three (3) consecutive meetings without an acceptable excuse. An
"acceptable excuse" is defined as an absence for medical reasons, business reasons, personal
reasons, or any other reason which the chair of the board or committee deems appropriate.
Upon notification by the chair of the board or committee that a member has not complied with
the attendance requirement, the City Council shall issue an order of removal.
The effective date of removal shall be the date on which the order of removal was entered.
Removal of board or committee members pursuant to this section shall not be subject to Section
2-172.
SECTION 4. SEVERABILITY. If any section or part of a section of this ordinance is
declared invalid or unconstitutional, the validity, force and effect of any other section or part of a
section of this ordinance shall not thereby be affected or impaired unless it clearly appears that
such other section or part of a section of this ordinance wholly or necessarily dependent upon
the section or part of a section so held to be invalid or unconstitutional.
SECTION 5. CONFLICT. This ordinance shall prevail over all other ordinances which
are in conflict with this ordinance. If any clause, section or other part or application of this
ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid,
such unconstitutional or invalid part or application shall be considered as eliminated and in no
way affecting the validity of the remaining portions or applications remaining in full force and
effect.
SECTION 6. EFFECTIVE DATE. This ordinance shall be enacted upon its final
adoption.
The foregoing ordinance was moved for adoption by Council Member wright . The
motion was seconded by Council Member �oy and, upon being put to a vote, the
vote was as follows:
Mayor Bob McPartlan
Vice Mayor pon Wright
Council Member Jerome Adams
Council Member Andrea Coy
Council Member Jim Hill
aye
aye
aye
aye
aye
The Mayor thereupon declared this ordinance duly passed and adopted this 12th day
Of December , 2012.
ATTE
Y< ' � '!
Sally A. Mai , MMC
City Clerk
City of Sebastian, Florida
gy: � ���f
Mayor Bob McPartlan
Approved as to form and content:
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Robert A. Ginsburg
City Attorney
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