HomeMy WebLinkAbout10-30-2007 Opinion - Code Enforcement BoardPagel of 2
Danielle Harker
From: Kate Latorre [klatorre@orlandolaw.net]
Sent: Tuesday, October 30, 2007 8:20 AM
To: Danielle Harker
Subject: RE: Opinion - Code Enforcement Board
Danielle:
You example below is correct. Board member missed May meeting; June and July cancelled by staff (no board business); board
member misses August meeting -- that's 2 successive unexcused absences. Under the applicable statute, that board member's
position is declared vacant by the Code Enforcement Board and it's the City Commission that will fill that vacancy. As a general
rule, "local governing body" means the City Commission.
Please let me know if I can be of further assistance.
Thanks,
Kate
.... _.......................
From: Danielle Harker[mailto:dharker@winterspringsfl.org]
Sent: Mon 10/29/2007 1:06 PM
To: Kate Latorre
Cc: _City Clerk Department
Subject: Opinion - Code Enforcement Board
Kate,
I just wanted to clarify to make sure that I fully understood the opinion you gave me the other day regarding
the Code Enforcement Board.
1.) The absences for the Code Board are in fact calculated as every 2 out of 3 and that those do not include
the meetings that are cancelled by Staff. For example, if a Board Member has an unexcused absence for
May 2007 and the meetings for June and July 2007 are cancelled and the Board Member then has an
unexcused absence for August 2007, that Board Member shall be removed from the Board because they
would have missed 2 out 3, excluding cancelled meetings.
Please see below for a visual sample:
05/15/07 07/17/07 08/21/07
REGULAR 06/19/07 REGULAR REGULAR REGULAR
CANCELLED BY STAFF - CANCELLED BY STAFF .
(1 ,1'F,'.YC'1 ;Sbl.�l NO NO (VNEXCUSF.D????)
4BSEA-1 CASES CASES ARVEA-7
2.) Also if you can give me clarification for the section below:
(e) An appointment to fill any vacancy on an enforcement board shall be for the remainder of the unexpired term
of office. If any member fails to attend two of three successive meetings without cause and without prior
approval of the chair, the enforcement board shall declare the member's office vacant, and the local governing
body shall promptly fill such vacancy.
10/30/2007
Page 2 of 2
Regarding the above statement, does local governing body refer to the City Commission or the Code
Enforcement Board? And if it refers to the Code Board, shouldn't it be the City Commission that fills the
vacancy?
Your clarification in the above matters is greatly appreciated.
Thanks,
C ! & 0460*ff
Assistant to the City Clerk
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 327o8
P : 407-327-5965
"Who we are today is the result of yesterday's choices. Who we will be tomorrow is the result of today's decisions."
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10/30/2007