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HomeMy WebLinkAbout2002 12 09 Public Hearings A First Reading - Ordinance 2002-33 Appointments of Persons with Prior Felony Convictions 120902 Public Hearing A Restoration of Rights COMMISSION AGENDA ITEM A CONSENT INFORMA TIONAL PUBLIC HEARING X REGULAR December 9,2002 Meeting MGR~EPT Authorization REQUEST: City Manager requesting the City Commission to conduct a public hearing on first reading of Ordinance No. 2002-33 amending Section 2-42 of the City Code, providing for the appointment of persons with prior felony convictions subsequent to the restoration of their civil rights. PURPOSE: This agenda item is needed to amend Section 2-42 of the City Code making it consistent with State and Federal law permitting persons with felony convictions the right to participate in governmental affairs after restoration of their civil rights. CONSIDERATIONS: Section 2-42(5) of the City Code prohibits anyone with a felony conviction from serving on a city board even if their civil rights have been fully restored. The proposed amendment would eliminate the prohibition of persons with felony convictions if their civil rights have been restored leaving it up to the Commission to determine the worthiness of the applicant. The proposed amendment would also apply to any current sitting board member who may have a felony conviction but who has had his or her civil rights restored. FUNDING: Not Applicable RECOMMENDA TIONS: It is recommended that the Commission approve a first reading of Ordinance No. 2002-33 amending Section 2-42 of the City Code permitting membership on boards and Commissions by persons with felony convictions who have had their civil rights restored consistent with State and Federal law. ATTACHMENTS: Ordinance No. 2002-33 COMMISSION ACTION: ORDINANCE NO. 2002-33 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, RELATING TO THE REQUIREMENTS OF BOARD AND COMMITIEE MEMBERS; PROVIDING FOR THE AMENDMENT OF SECTION 2-42 TO CLARIFY THE REQUIREMENTS OF BOARD AND COMMITTEE MEMBERS; PROVIDING FOR THE REPF.AL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR lNCORPORA TION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN E}'FECTIVE DATE. WHEREAS, the City Commission is granted the authority, under ~ 2(b), Art. VllI of the State Constitution, to exercise any power fOT municipal purposes, except when expressly prohibited by law~ and WHEREAS, the City Commission desires to amend Section 2-42 of the City Code to Clarify the requirements of board and committee members; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section t. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference, Section 2. Chapter 2 Code Amendment. The City of Winter Springs Chapter 2 is hereby amended as follows: (underlined type indicates additions and stri~out type indicates deletions, while asterisks (+ * *) indicate a deletion from the Ordinance of text existing in Chapter 2. It is intended that the text in Chapter 2 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). City ofWintcr Springs Ordinance No. 2002.33 PlIj;C I of J Chapter 2 - Administration * '" '" Sec. 2,,42. Appointments of boards and committees. * * It (c) RequiremenUi of board and committee members. Any person nominated, elected or appointed to serve on a board or committee of the city shall Ratisfy the following requirements, except as otherwise provided by state or federa1law: (1) Complete a board or committee application as prescribed by the city commission; (2) Consent to a standard criminal background check; (3) Be duly registered to vote in Seminole County; (4) Be a resident as defined in this section; and (5) iUs Have never been convicted or found guilty, regardless of adjudication, ofa felony in any jurisdiction unless their civil rights have been restored.;'1l Any plea of nolo contendere shall be considered a conviction for purposes of this paragraph. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 5. Severability. Tf any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. City of Wiult::r Springs Ordinance No. 2002-33 Page 2 of 3 Section 6. Effective Date. This Ordinance shall become effective immediately and shall apply retroactively upon adoption by the City Commission of the City of Winter Springs, Florida, and as provided by City Charter. ADOPTED by the City Conunission of the City of Winter Springs, Florida, in a reb'Ular meeting assembled on the _ day of . , 2002. ATTEST: '. JOHN F. BUSH, Mayor ~ , ANDREA LORENZO-LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Sprin~s only: - ANTHONY A. GARGANESE. City Attorney First Reading: Second Reading: Effective Date: F:\Docs\Ci1)' of Winter NI'rings\OrdhI.'\n.Ccs\DoardAmcnd.wpd City of Winter Springs Ordinance No. 2002.33 Page 3 of 3