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HomeMy WebLinkAbout2001 10 08 Public Hearings A Second Reading - Ordinance 2001-49 Procedure for Appointment COMMISSION AGENDA ITEM A Consent Informational Public Hearing X Regular October 8. 2001 Meeting ~ Mgr, / lot'!' ( Att. / Dept. REQUEST: The City Manager and City Attorney present to the City Commission for a second reading of Ordinance No. 2001-49 that would establish a procedure for the appointment of alternate Board members to Winter Springs boards and commissions. PURPOSE: The purpose of this Agenda Item is to request the City Commission to consider enacting Ordinance No. 2001-49 to enhance the public's respect and confidence in the municipal services delegated to, and performed by, City boards and committees by establishing a uniform and consistent procedures and requirements for the establishment and abolishment of boards and committees to provide for smooth transitions and continuance of business by the appointment of alternate Board members. APPLICABLE LAW AND PUBLIC POLICY: Section 2(b), Article VIII of the State Constitution gives municipalities the authority to exercise any power for municipal purposes except where prohibited by law. CONSIDERATIONS: (A) The City Code provides for the establishment of several boards or commissions to carry-out municipal services. (B) The current code provides only minimal guidelines as to the qualifications of eligible Page 1 of 2 appointees. (C) The current code does not provide for the appointment of alternate members which would provide for the continuation of business where absences occur and for a smooth transition when a vacancy occurs. STAFF RECOMMENDATION: The City Manager and City Attorney recommend approval of Ordinance No. 2001-49. ATTACHMENT: Ordinance No, 2001-49 COMMISSION ACTION: F:\DOCS\City of Winter Springs\Agenda\Agenda Ordinance 2001-49 -10-8-01jd Page 2 of 2 ORDINANCE NO. 2001-49 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA AMENDING THE CITY OF WINTER SPRINGS CODE OF ORDINANCES, PROVIDING FOR THE ADOPTION OF A NEW SECTION 2- 42 ENTITLED APPOINTMENTS OF BOARDS AND COMMITTEES; PROVIDING FOR A PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR REQUIREMENTS OF MEMBERS; PROVIDING FOR THE APPOINTMENT AND REMOV AL OF MEMBERS; PROVIDING FOR A TERM; PROVIDING FOR TERMINATION DUE TO ABSENCES; PROVIDING FOR ELECTION OF A CHAIRPERSON; PROVIDING FOR THE APPOINTMENT OF AL TERNA TE MEMBERS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under ~2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Commission desires, through the establishment of the position of "alternate member" to the various boards and commissions, to enhance the public's respect and confidence in the municipal services delegated to, and performed by, city boards and committees and to ensure that decisions of boards and committees are in the best interests of the city; and WHEREAS, the City Commission desires to establish uniform and consistent procedures and requirements for establishing and/or abolishing boards and committees, and appointing and removing members thereof, and for conducting board and committee business; 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 1. Recitals, The foregoing recitals are hereby fully incorporated herein by the City of Winter Springs Ordinance No. 2001-49 Page 1 of 5 reference as legislative findings of the City Commission of Winter Springs. Section 2. The City of Winter Springs Code Chapter 2 entitled Administration is hereby amended by the adoption of a new Section 2-42 entitled Appointments of boards and committees, as follows: (underlined type indicates additions and strikeotlt 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). Chapter 2. Administration * * * Article III. Boards, Committees, Commissions Division 1. Generally * * * Sec. 2-42. Appointments of boards and committees. W Purpose. The purpose of this section is to enhance the public's respect and confidence in the municipal services delegated to. and performed by. city boards and committees and to ensure that decisions of boards and committees are in the best interests of the city. The purpose of this section is also to establish uniform and consistent procedures and requirements for establishing and/or abolishing boards and committees. and appointing and removing members thereof. and for conducting board and committee business. The provisions of this section shall not be deemed to repeal or modify any city ordinance or provision of the city code relating' to the establishment or operation of any board or committees. but the provisions herein shall be supplemental and in addition to such provisions within the city code. {Q) Definitions. As used in this section. the terms or phrases listed in this subsection shall have the following meanin~: "Resident" shall mean any person living within the city limits at all times while serving on said board or committee. and at least six (6) months prior to being nominated. elected or appointed to the board or committee. W Requirements of board and committee members. Any person nominated. elected or appointed to serve on a board or committee of the city shall satisfy the following requirements. except as otherwise provided by state or federal law: ill Complete a board or committee application as prescribed by the city commission: City of Winter Springs Ordinance No. 2001-49 Page 2 of 5 ." ill Consent to a standard criminal background check. at the discretion of the city commISSIOn: ill Be duly registered to vote in Seminole County; ffi Be a resident as defined in this section: and ill Has never been convicted or found guilty. regardless of adjudication. of a felony in any jurisdiction. any plea of nolo contendere shall be considered a conviction for purposes of this paragraph. @ Appointment and removal of members. Unless otherwise required by state or federal law. or specifically provided otherwise in the Code. all persons shall be appointed to. and removed from city boards and committees by majority vote of the city commission. Board and committee members shall serve at the pleasure of the city commission and may be summarily removed at any time with or without cause. A board or committee appointment shall not be construed as creating or conferring. upon a person. any right or interest in serving on a board or committee including. but not limited. to a contract. liberty. property or vested right. W Term. All board and committee members shall be appointed to serve three-year terms and may be reappointed by the city commission for subsequent three-year terms without limitation. If a member is removed. or vacates their appointment for any reason. including death. excessive absences. or resignation. prior to the expiration of their term. the City Commission may at its discretion appoint the first alternate member described below. or other qualified individual. whom shall serve the remaining portion of the unexpired term. .ill Absences. Any board or committee member incurring three (3) consecutive absences. or five (5) absences within a twelve-month period. from any regularly scheduled meeting. shall be deemed automatically removed from the respective board or committee in which the absences have occurred. {g} Chairmanships. Each board and committee shall be responsible to elect. by majority vote of the members of each board or committee. a chairperson and vice-chairperson. The election shall occur annually at the first meeting held in January. unless there is no January meeting. then the next meeting held. All newly established boards and committees shall make such elections at their regularly held meeting and then annually as stated above. Alternate members (as provided below) shall not be elected to positions of chairperson or deputy-chairperson. .au Alternate members. At the discretion ofthe city commission. two (2) alternate members may be appointed to each City of Winter Springs board or commission. unless otherwise provided City of Winter Springs Ordinance No. 2001-49 Page 3 of 5 ..., bv law. Alternate members shall be provided with all agendas and documentation provided to regular members and shall be permitted to provide input during discussions. Alternate members shall not be permitted to vote on matters before the board unless they have assumed the duties of an absent regular member. The member of the board who has served longer as an alternate member shall be the first alternate board member. If the first alternate member leaves the board or is appointed a regular board member. the successor to the first alternate board member shall be that alternate board member with the longer service as an alternate member. The next appointed alternate member shall be designated as the second alternate board member. In the absence of a regular member from an official board meeting. the first alternate board member shall assume all duties of the absent regular board member. including the right to vote on any matter before the board at that meeting. If two (2) or more regular board members are absent from an official board meeting. the second alternate member shall assume all duties of an absent regular member. including the right to vote on any matter before the board at that meeting. In the absence of the first alternate board member from an official board meeting. the second alternate board member shall act in the place of the absent first alternate. including the right to vote on matters before the board at that meeting if a regular member is absent at that meeting. 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. If 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. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. City of Winter Springs Ordinance No. 2001-49 Page 4 of 5 ... ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of , 2001. PAUL P. PARTYKA Mayor ATTEST: ANDREA LORENZO-LUACES City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only Anthony A. Garganese, City Attorney First Reading: Second Reading: Effective Date: F:\DOCS\City of Winter Springs\Ordinances\Altemate Board Members 2001-49 jpb.jd City of Winter Springs Ordinance No. 2001-49 Page 5 of 5 ORDINANCE NO. 2001-49 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA AMENDING THE CITY OF WINTER SPRINGS CODE OF ORDINANCES, PROVIDING FOR THE ADOPTION OF A NEW SECTION 2- 42 ENTITLED APPOINTMENTS OF BOARDS AND COMMITTEES; PROVIDING FORA PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR REQUIREMENTS OF MEMBERS; PROVIDING FOR THE APPOINTMENT AND REMOVAL OF MEMBERS; PROVIDING FOR A TERM; PROVIDING FOR TERMINATION DUE TO ABSENCES; PROVIDING FOR ELECTION OF A CHAIRPERSON; PROVIDING FOR THE APPOINTMENT OF AL TERNA TE MEMBERS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under 92(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Commission desires, through the establishment of the position of "alternate member" to the various boards and commissions, to enhance the public's respect and confidence in the municipal services delegated to, and performed by, city boards and committees and to ensure that decisions of boards and committees are in the best interests of the city; and WHEREAS, the City Commission desires to establish uniform and consistent procedures and requirements for establishing and/or abolishing boards and committees, and appointing and removing members thereof, apd for cq~duc~ing board and committee business; 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 ORDA-I-N'S,-AS--F0LLOWS: .. - u. .. Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by the City of Winter Springs Ordinance No. 2001-49 Page 1 of 5 reference as legislative findings of the City Commission of Winter Springs. Section 2. The City of Winter Springs Code Chapter 2 entitled Administration is hereby amended by the adoption of a new Section 2-42 entitled Appointments of boards and committees, as follows: (underlined type indicates additions and strikeout 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). Chapter 2. Administration * * * Article III. Boards, Committees, Commissions Division 1. Generally * * * Sec. 2-42. Appointments of boards and committees. uu Purpose. The purpose of this section is to enhance the public's respect and confidence in the municipal services delegated to, and performed by, city boards and committees and to ensure that decisions of boards and committees are in the best interests of the city. The purpose of this section is also to establish uniform and consistent procedures and requirements for establishing and/or abolishing boards and committees, and appointing and removing members thereof, and for conducting board and committee business. The provisions of this section shall not be deemed to repeal or modify any city ordinance or provision of the city code relating to the establishment or operation of any board or committees, but the provisions herein shall be supplemental and in addition to such provisions within the city code. (Q) Definitions. As used in this section, the terms or phrases listed in this subsection shall have the following meaning: "Resident" shall mean any person living within the city limits at all times while serving on said board or committee, and at least six (6) months prior to being nominated. elected or appointed to the board or committee. {0 Requirements of board and committee members. Any person nominated, elected or appointed to serve on a board or committee of the city shall satisfy the following requirements, except as otherwise provided by state or federal law: .. ... ... .. ill Complete a board or committee application as prescribed by the city commission: City of Winter Springs Ordinance No. 2001-49 Page 2 of 5 ill Consent to a standard criminal background check; ill Be duly registered to vote in Seminole County; ill Be a resident as defined in this section; and ill Has never been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction, any plea of nolo contendere shall be considered a conviction for purposes of this paragraph. @ Appointment and removal of members. Unless otherwise required by state or federal law, or specifically provided otherwise in the Code, all persons shall be appointed to, and removed from city boards and committees by majority vote of the city commission. Board and committee members shall serve at the pleasure of the city commission and may be summarily removed at any time with or without cause. A board or committee appointment shall not be construed as creating or conferring, upon a person, any right or interest in serving on a board or committee including, but not limited, to a contract liberty, property or vested right. W Term. All board and committee members shall be appointed to serve three-year terms and may be reappointed by the city commission for subsequent three-year terms without limitation. If a member is removed, or vacates their appointment for any reason, including death, excessive absences, or resignation, prior to the expiration of their term, the City Commission may at its discretion appoint the first alternate member described below, or other qualified individual. whom shall serve the remaining portion of the unexpired term. ill Absences. Any board or committee member incurring three (3) consecutive absences, or five (5) absences within a twelve-month period, from any regularly scheduled meeting, shall be deemed automatically removed from the respective board or committee in which the absences have occurred. (gl Chairmanships. Each board and committee shall be responsible to elect. by majority vote of the members of each board or committee, a chairperson and vice-chairperson. The election shall occur annually at the first meeting held in January, unless there is no January meeting, then the next meeting held. All newly established boards and committees shall make such elections at their regularly held meetin~ and then annually as stated above. Alternate members (as provided below) shall not be elected to positions of chairperson or deputy-chairperson. (h} Alternate members. At the discretion of the city commission, two (2) alternate members may be appointed to each City of Winter Springs board or commission. unless otherwise provided City of Winter Springs Ordinance No. 2001-49 Page 3 of 5 by law. Alternate members shall be provided with all agendas and documentation provided to regular members and shall be permitted to provide input during discussions. Alternate members shall not be permitted to vote on matters before the board unless they have assumed the duties of an absent regular member. The member of the board who has served longer as an alternate member shall be the first alternate board member. If the first alternate member leaves the board or is appointed a regular board member, the successor to the first alternate board member shall be that alternate board member with the longer service as an alternate member. The next appointed alternate member shall be designated as the second alternate board member. In the absence of a regular member from an official board meeting, the first alternate board member shall assume all duties of the absent regular board member, including the right to vote on any matter before the board at that meeting. If two (2) or more regular board members are absent from an official board meeting, the second alternate member shall assume all duties of an absent regular member, including the right to vote on any matter before the board at that meeting. In the absence of the first alternate board member from an official board meeting, the second alternate board member shall act in the place of the absent first alternate, including the right to vote on matters before the board at that meeting if a regular member is absent at that meeting. 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 ordinanceshall 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. If 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. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. City of Winter Springs Ordinance No. 2001-49 Page 4 of 5 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the ~ day of October , ?l. ^ / I) , 1/ - r- - /'., ',_I l.--~ PA L P. PARTYKrV, M . I ayor ~' Approv s to legal form and sufficiency for of inter Springs only nthony A. Garganese, City Attorney First Reading: September 24, 2001 Second Reading: October 8, 2001 Effective Date: October 8, 2001 F:\DOCS\City of Winter Springs\Ordinances\Alternatc Board Members 2001-49 jpb.jd City of Winter Springs Ordinance No. 2001-49 Page 5 of 5