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