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Home My WebLink About2001 11 26 Regular B NEW Limited Board Appointments COMMISSION AGENDA ITEM B Consent Informational Public Hearin Re ular X N()Vf~mhpr?fl ?001 , Regular Meeting h/' 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. . ,', . ;"">.',"'.' .','.: '~c-:>;;:i;jil~~5'~: CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - NOVEMBER 26,2001 REGULAR AGENDA ITEM "B" PAGE20F2 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: . '.','i:','<?\,,'rl " . - ..';':. ATTACHMENT "A" ~ . ", . .i"'Sept By: BROWN,WARD,SALZMAN&WEISS,P.A.; .... .. 407 425 9596; Nov;12-01 10:34AM; , ~. .~.:.' , . '... . , 1. ",,; p~~'e<';)~1~:::~~..%j :.j~. l:" (' . BROWN, WARD, SALZMAN & WEISS, P.A. ATTORNEYS AT LAW Ush<:r L. Brown · John H, Ward · Gary S. Sal7.roan" Jeffrey S. Weiss SU:I,:mn.: D' Ab'Testa Anthony A. GargnneseO Scott D. Dllnshy Alfred Truesdell Arthur R. "'Randy" Brown. Jr.. Bre" A Marlowe J~ffrey P Husk Kristine R. Kutz Joseph G. Colomho Debra S. Babb Gregory A, Hss,~ Chey~nne R. Young Joseph [, Dlitch Two L:llldmark Center 225 Ea:it R(lbinson Street, Suire 660 Post Office Box 2873 Orlando, FL 32802.2873 (407) 415-9566 (407) 425-9596 '.'AX Em:1i I: a~arganese@(1rl;,"doJA'" .net Website: ,vww.orJAlldolaw.nct . ij<w;l (",,"Hied CiVil Trilll LRw)'cr < Hl'l3ld (ertllied H\lsillc5.~ Lilig3110n LA....'}.cr n 11""1"<1 (coiliell Ciry, (mllll)' & l(\O;AI Govem",~l1 LJW · R(\.1f,j CCllili,'d L~oor & r:llIploym~n( L~w Rece'VEn Nov 1 2 ?Om CITY 0 OFF F W/NT ICE OF THl~ SPRINGS Ccl~ ' Njlr rY:'-ERI< . r--( C~ (c'ld( A l:.. November 12, 2001 BY FACSIMILE #407/327-4753 (VIA CITY CLERK'S OFFICK) AND BV UNITED ST ^ TES M..\IL The Honorable Mayor Paul P. Partyka and Members of the City Commission 1126 East State Road 434 Winter Springs. Florida 32708-6912 Re: Planning and Zoning iloard/LP ^ Dear Mayor Partyka and M~mhers of the City Commission: As you may recall, Joanne Krebs was recently appointed to the Planning and Zoning. . BourdlT ,P A. At the time ~he was app()inted, the City Commission directed that I confirm that Ms. Krehs could simultaneously serve both on the Planning and Zoning BoardlLP ^ and -the Code Enforcement Board. If not. Ms. Krebs indicated she would resign from the Code Board and serve on the Planning and ZoniJlg Doard/LPA. Subsequent to that meeting, r thoroughly researched the issue and advised Ms. Krebs by telephone that she could serve on both boards. Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; " Nov.12-Q1 10:35AM; Page 3/4 ;.. The Honurable Mayor Paul P. Partyka and Member:; of the City Commission Novemb~r 12, 200 1 Page 2 This \.veek Ms. Kn::bs attended her fir~t Planning and 7<ming Board/LPA meeting. I was told by City slaffthat atlhe meeting severdl members of the Planning and Zoning Boan.lILPA questioned Ms. Krebs' ability to serve simultalleow;ly on both lhe Planning and Zoning! LPA Hoard and Code cnfon:ement Board. I nt)W find it necessary to formalize my opinion in \-witing so that it is clear she can serve on both hoards. Except a<; explained below, neither state law nor City policy prohihit a person from sen:ing \.In two City boards. Article Il, Section 5(a), Florida Constitution provides in part: "Nu person $hal1 hold at the same time more than one office under the govemment of the state and the counties and municipalities UIl::rein, except that. . . anyoffieer may be a member of a , . . statutory body having only advisory powers." lhis constitutional provi~ion prohibits a person [rom simultaneously holding more than one "office:" under the governmemofthe ~(ate, counties, and ll1unieip3lilies. Tht' Florida Supreme Court has st3[ed that the term "offil:e-' implies a delegation of a pOl1iOllllr the sovereign power to the person filling the offil.:e. The f71(lrida Attorney General has frequently opined that purely advisol)' board~ do not exercise sovereign .power and are exempt from Article .1.1, Section 5ea), Florida C:onstinltion. On the other hand, quasi-judicial boards do eXG,.cise sovereign power beca1.l';e they h...'lve final dcci~jon making authority and their decisions are appealable to a Court. Relevanr to Ms. Krebs' appointment, the Florida Attorney GeCl~al has held that service on a Planning amI Zoning BO<Jrd/Land Planning Agency which has only advisory functions Would not violate the dual ofliec holding prohibition. In Attorney General Opinion 99-16, it \Va.'.; held that a memher of a county planning commi:-;sion may serve on the South Florida Water Management I)istrict without violating the prohibition against dual ofJil:e holding contained in Article II, Sectinn 5(a), Florida Constitution. The planning commission in question W~s ,lUthoriL~d and directed to, among other things, prepare the comprehensive plan and to rc(;ommcnd the plan to the cOUnty wmmissiofl lor adoption. In addition, the agency was authorized to nlonitor the effectiveness and Stauis of the plan and recommend to the county commission such changes in the plan as may be required from time to time. There was no evidence to indicate that the planning commission possessed any authority to take final action regarding the plan or in granting an)' variances. Tnstcad, the evidence indicated that the powers of the local planning commission were infonnation gathering and advisory only. Similarly, in A ttorney General Opinion 74-232, the Florida Attorney General concluded that a planning commission established pursuantlo Part 2, Chapter 163, Florida Stannes, and possessing only those powers contemplated by that part was a "statulO!)1 body having only advisory powers" for purposes or Article 11, Section 5(a), Florida Constitution. Accordingly, the Attorney General" considered the duties ofsuch a planning commission to be information-gathering and advisory only. ~~~t By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407425 9596; ..", Nov-12-01 10:35AM; Page 4/4 -\,,"\,:: l~\l~- 'J lhe Honorable Mayor Paul P. Partyka and Members or thc City Commission Nowlllba 12.2001 Page 3 Section 20-57 oflh~ Winter Springs Code provides for the general duticJ:: ofthc Planning and Zoning Board which also selVes 3S the Land Planning Agency. The gellt.'Tal duti~s under Section 20. 57 appear to bc advisory only SillC~ the Planning 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 bc responsible Jc)r making certain reCOn1nl(.'l1datioIlS relative to the (;()Illpr~hcnsive plan to the governing body. 'Ibcrerore, it is ckar that the Planning and Zoning Board/LP A does no~,~rci::;e sovereign power becatl';e it is purely an information-gathering and' advisory hody cnly. ' As an advisory body. the City of Winter Springs' Planning and Zoning Board'LP A is exempt from Arricle II, Section Sea), Florida Constitution ond its members, including Ms. Kreb~. may serve on another City hoord. including a quasi-judicial board like lhe Code Enforcement Board. Ir is also notcworthy that the City Clerk could not locate a.ny previously adopted City Commission policy which would prohibit a penlon from s~rving on more lhan one City board_ Furthcrnltlre. Ms. Krebs' appointment does not present a situation where she would simultaneously .'ierVe on Cwo quasi-judicial boards, which would be prohibited by Article II. Section 5(a), Florida CO/lsr.ituriorJ. It is, therefore, my opinion thal Ms. Krebs may simultaneously serve on both the Planning and Zoning Board/LPA and the Code Enforcement Board, I hope this letter clarifies the ::;ituation. Pleasc contact me should you have any questions. Anthony A. Garganese City Attorney AA(j:ss cc: Ron McLemore. City Manager Joanne Krebs Planning and Zoning Roard (via City Clerk's Office) ~ ',lH..K:S',( il}'..f Wmh::r $prin!:::(;cner:\I\Co/rcsrnndcllcc\Mayt'f IIlld City C(Jrnmi~~I(\n'J'&Z-Jo:rch"< Appl. Ilr r 1-12-1)1 "'pd :::.;' , NQ\.)-12-2001 10: 45 ..l',~ 407 425 9596 94% P.04