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HomeMy WebLinkAbout2005 11 14 Public Hearing 403 COMMISSION AGENDA ITEM 403 Consent Informational Public Hearing X Regular November 14, 2005 Meeting Mgr. / Att. / Dept. REQUEST: The City Attorney's office requests the City Commission consider and approve Ordinance 2005-31 on first reading. PURPOSE: The purpose of Ordinance 2005-31 is to provide more stringent attendance requirements for members of City boards and committees meeting on a quarterly or less frequent basis. APPLICABLE LAW AND PUBLIC POLICY: Section 2-42, City Code, Appointments of boards and committees Florida Home Rule Powers. CONSIDERATIONS: As it currently reads, section 2-42(f) of the City Code, which address absences of board and committee members, allows for board and committee members that meet on a quarterly or less frequent basis to be absent from three (3) out of four (4) meetings within a 12-month period before being automatically removed from the board or committee. Ordinance 2005-31 tightens up the attendance requirement and provides for automatic removal of the member after two (2) consecutive absences or after two (2) absences in a 12-month period. Page 1 of 2 STAFF RECOMMENDATION: The City Attorney's office recommends approval of Ordinance 2005-31 on first reading. A TT ACHMENT: Ordinance 2005-31 COMMISSION ACTION: At the City Commission meeting on October 24,2005, the Commission directed the City Attorney's office to prepare an ordinance addressing the attendance requirements of boards and committees meeting on a quarterly or less frequent basis. Page 2 of 2 ORDINANCE NO. 2005-31 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING SECTION 2-42 OF THE CODE OF ORDINANCES WITH REGARD TO BOARD AND COMMITTEE MEMBER ABSENCES; PROVIDING FOR THE AUTOMATIC REMOVAL OF BOARD OR COMMITTEE MEMBERS SERVING ON BOARDS OR COMMITTEES MEETING QUARTERLY OR LESS FREQUENTLY AFTER TWO CONSECUTIVE, OR TWO TOTAL ABSENCES IN A TWELVE-MONTH PERIOD; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, a quorum is required to be present at meetings of City boards and committees in order for the boards and committees to conduct board business; and WHEREAS, the City Commission desires to implement more stringent attendance requirements for City boards and committees meeting on a quarterly or less frequent basis in order to ensure that business may be conducted in an efficient and timely manner; and WHEREAS, the City Commission ofthe 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. reference. Recitals. The foregoing recitals are hereby incorporated herein by this Section 2. Code Amendment. The City of Winter Springs Code, Chapter 2, Administration, is hereby amended as follows: (underlined type indicates additions and stIikcout type City of Winter Springs Ordinance No. 2005-31 Page I of 3 indicates deletions, while asterisks (***) indicate a deletion from this 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. * * * (t) Absences. Unless otherwise provided by state or federal law, or for boards and committees that regularly meet on a quarterly or less frequent basis. any board or committee member incurring three (3) consecutive absences from any regularly scheduled meeting of the board or committee, or seven (7) absences from any meeting of the board or committee within a twelve-month period (starting with the last absence and counting backward), shall be deemed automatically removed from the respective board or committee in which the absences have occurred. For boards and committees that regularly meet on a quarterly or less frequent basis. the number of absences which shall cause automatic removal shall be two (2) consecutive or two (2) within a twelve month period. Any meeting which is cancelled, other than for lack of a quorum, shall not be counted for purposes of determining absenteeism. Absences which occurred prior to the date of reappointment of any board or committee member shall not be counted toward automatic removal. * * * 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. Grammatical, typographical, and like City of Winter Springs Ordinance No. 2005-31 Page 2 of 3 errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. 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, and pursuant to City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of ,2005. JOHN F. BUSH, 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: City of Winler Springs Ordinance No. 2005-31 Page 3 of 3