The URL can be used to link to this page

Home My WebLink About2001 12 03 Regular B Policy Limiting Board Appointments COMMISSION AGENDA ITEM B Consent Informational Public Hearin Re ular X ~LJ 5 C);:K) { I Nm/~?OOl ~lar Meeting ~-A ~ Mgr. / Dept. Authorization REQVEST: Commissioner Cindy Gennell requests that the City Commission reflect on whether they wish to consider a policy limiting Board Appointments. PURPOSE: With the recent appointment of an individual to a second Advisory Board, the City Commission is being asked to consider whether there should be limitations placed up the number of Advisory Boards and/or Committees that an individual may serve on concurrently. CONSIDERATIONS: . On November 12,2001 the City Attorney provided the City Commission with an opinion stating that citizens could serve on more than one Advisory Board or Committee. . No formal policy can be found which references the number of individuals that can serve concurrently on more than one Advisory Board or Committee. . In light of the Attorney's opinion, the Commission needs to establish a policy on regulating the number of residents than can serve on Advisory Boards or Committees. CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - NOVEMBER 26, 200 I REGULAR AGENDA ITEM "B" PAGE 2 OF 2 RECOMMENDATION: It is recommended that the City Commission establish a written policy, possibly in the form of a Resolution, or if they desire additional information as to this matter, prior to making a formal decision. ATTACHMENT: A. Opinion Letter from City Attorney Anthony A. Garganese dated November 12, 2001 on a recent appointment that involves a resident serving on two City Advisory Boards. COMMISSION ACTION: ATTACHMENT "A" Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Nov-12.01 10:34AM; Page 2/4 i ,. BROWN, WARD, SALZMAN & WEISS, P.A. ATTORNEYS AT LAW Ush<.:r L. I:lrown · Jolm H. Ward · Gal)' 0. Sal7r\1an~ Jeffrey S. Weiss Suzanne D'Al:,'Testa Anthony ^. Gargoneseo Scott D. Danahy Alfred Truesdell Arthur R. "Randy" Brown, Jr,' Brett 1\. Marlowe Jdfrey P Buak Kristine R. Kulz Joseph G. Colomno Debra S. Babb Gregory A. Hass Cheyenne R, Young Joseph E. Blitch Two Landmark Cenler 225 Ea~l Robinson Street, Suire 600 Post Office Box 2873 Orlando, FL 32802.2l!73 (407) 425-9566 (407) 425-9596 FAX Email: :i!;arganese@orl;,ndolll",.nct Website: ,,,'\.Vw.orlll1ldoI3w.nct · B\\;lr;j ('coincd Civil Trj~l LlIwycr C HMld Ccrtltied H\lsi"c....~ l.ili~~tlon l.Aw)'er n 1I(\~rd Ccniticd Cil'Y, (ounry & Lo.:al Govcmmcll1 bw · "",,,,j Cr'Titi,'d boor /Ii r:1ll~'loymrnt L~w Rece'VlEb Nov 1 2 ?[]m CITY OFFfC OF 'WINTER E OF THE C SPRINGS C<:::.fJ, J". -fTY CI.ERk . , t'4r--/01 !c'f A J:.. November 12, 2001 BY FACSIMILE #407/327-4753 O.7A CITY CLERK'S OFFICE) AND BV UNTTED STATES M..,TL The Honorable Mayor Paul r. Purtyku and Members of the City Commission 1126 East State Road 434 Winter Springs, Florida 32708-69] 2 Re: Planning and Zoning 13oard/LP ^ Dear Mayor Partyka and Memhers of the City Commission: As you may recall, Joanne Krebs was recently appointed to the Planning and Zoning RoardfLP A. At the time ~he was appointed, the City Commission directed that I confirm that Ms. Krehs could simultaneously serve both on the Planning and loning Board/LP ^ and the Code Enforcement Board. If not, Ms. Krebs indicukd she would resi!:,'ll from the Code Board and serve on the Planning and Zoning DoardlLP A. Subsequent to that meeting, J thoroughly researched the issue and advised Ms. Krebs by telephone that she could serve on both boards. t.JOU-1.~-2001 10: 45 407 42'" '35% '33% P.0.? Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; NOV-12-01 10:35AM; Page 3/4 r ~- The Honurable Mayor Pall] P. Partyka and Member.~ of the City Commi~sion November 12, 2001 Page 2 This week Ms. K rt:bs attcnd~d her first Planning and 7lming Board/LP A meeting. I was told by City statfthat at the meeting severdl members of the Planning and Zoning BOCtrd/LP A qUe~tioned tvfs. Krebs' ability to serve simultaneoll',;Iy on both the Planning and Zoning! LP A Hoard and Code t::nfof(':t:ment Board. I n()w find it necessary to formalize my opinion in writing so that it is clear she can serve on both hoards. Ex<:ept as explained below, neither state law nor City policy prohihit a person from serving l'l1 two City hoards. Article II, Section 5(a), Florida Constitution provides in part: "Nu person fo;ha.ll hold at the same time more than one office under the govemment of the state and the counties and municipalities therdn. except that. . . any ,0 [ficer may be a member of a . . . statutory body having only advisory powers." This constitutional provision prohibits il person [rum simultaneously holding more than one "office:" under the govcrnmtnt of the slate, counties, and mlJnieip.1li (ies. 'I 'he Florida Supreme Court hClS stated that the term "office.' implie~ 11 delegation of a p011ioll or the sovereign power to th<;: person filling the oOke. The Florida Attorney General hus frequently opined that purely advisory boards do not exercise sov<;:reign power and are exempt from Article 11, Section 5ea), Florida Constitution. On the other hand, quasi-judicial boards do exercise sovt:reign power becatl')e they h.."Ive final dcci~ion making authority and their decisions are appealable [0 a Court. Relevant to Ms. Krebs' appointment, the Florida Attorney GCClt:r<.l1 has held that service on a Planning amI Zoning BO<lrd/Land Planning Agency whi<:h has only advisory functions would not violate the dual oHice holding prohibition. In Attorney General Opinion 99-16, it wrL'; held that a mcmher of a county planning commission may serve on the South Florida \Vater Management District without violating the prohibition against dual oflil.'t: holding contained in Artic\t: II, Section 5(a), Florida Constitution. The planning commission in question was authorizt::d nnd directed to, among other things, prepare the comprehensive plan and to H:l:ommcnd the plan to the cOUnty commission lor adoption. In addition, the agency was authorized to monitor th<;: effectiveness and status of the plan and recommend to the county commission such changes in tht: plan as may be required from time to time. There was no evidence to iudicaLe that the planning commission possessed any authority to take final action regarding the pl<lJl or in grunting an}' variances. Tnsrcad, the evidence indi<:ated that the powers ot"the local planning commission were information gathering and advisory only. Similarly. in Attorney General Opinion 74-232. the Florida Attorney GI.."11cral concluded that a planning commission established pursuant to Part 2, ChLtptt:r 163, Florida Stannes, and possessing only those powers contemplated by that pan was a "statuto!)' body having onl y advisory powers" for purposes or Article II, Section 5(a), Florida Constitution. Accordingly, the Attorney Gcneral considered the duties of such a plann ing commission to be information-gathering and advisory only. NOV-12-2001 10:45 407 425 9595 34;~ P.03 ~~~t By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596j Nov-12-01 10:35AMj Page 4/4 The Honorable Mayor Paul P. Partyka and Members of the City Commission November J 2.2001 Page 3 Section 20-57 ofth~ Winter Springs Code provides for the general dutier.: of the Planning and Zoning Board which also serves as the Land Planning /\gency. The gencral duties under Section 20- 57 appear to be advisory only since the Plarming and Zoning Board can only make recommendations to the City Commission for final action. Section 163.3174(4), Florida Statutes, provides that the Local Planning Agency shall be responsible for making certain recom.m(:Tldatioll~ relative to the comprehensive plan to the govt::ming body. Therefore, it is ckar that the Planning and Zoning BoardILP A does not,~crcbe sovereign power becaw;e it is purely an in/ormation-gathering and ., -I;,,, advisory hody o,nl}'. ' ^s an advisory body. the City of Winter Springs' PlalU1ing and Zoning Board'l.P A is exempt fwm Article II, Section Sea), [o'lorida Constitution and its members, including Ms. Kreb~. may serve on another City ho~rd. including a quasi-judicial board like lht: Code Enforcement Board. It is also noteworthy that the City Clerk eould not loeak allY prt:vious)y adopted City Commission policy which would prohibit a person from serving on morc than one City board. FUrTh~m)tlre. Ms. Krebs' appointment does not present a situation \vhere she would simultaneously ,'\en'e on two quasi-judicial boards, whieh would be prohibited by Article II. Section 5(80), Florida Const.itutiOCl. Il is, there lore. my opinion that Ms. Krebs may simultaneously serve on both the Planning and .Ioning BoardILPA and the Code Enforcement Board. I hope this letter clarifies the situation. Pleasc contact me should you havc any questions. Anthony A. Gargilnesc City Attorney AA(i:ss cc.:: Ron McLemore. City Manager Joanne Krebs Planning and Zoning Board (via City Clerk's Office) ~ 'Ii'>UCS',C it)'..r Wmter Spnnf:;,'(;cncmI\Corlbr,>ndCllcciMay.., end City Cornmiss'C'n\l'&Z-Krchh< 'I'pl. Ilr 11-12.1} I wpd HOlJ-12-2001 10:45 407 425 9596 94% P.04