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Ord 28-14 THIS ORDINANCE WAS PASSED 5-0 AT THE OCTOBER 7,2014 CITY COMMISSION MEETING. HOWEVER,DUE TO SIGNIFICANT CHANGES TO THE ORIGINAL ORDINANCE IT WAS BROUGHT BACK TO COMMISSION ON NOVEMBER 4,2014 AS A FIRST READING (ORDINANCE NO. 34-14). ORDINANCE NO. 28-14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 32, "DEPARTMENTS, BOARDS AND COMMISSIONS", OF THE CODE OF ORDINANCES; AMENDING THE RULES FOR REMOVAL FOR MEMBERS OF CITY BOARDS; AMENDING SECTION 32.15, "DEFINITIONS", AMENDING SECTION 32.17, "GROUNDS FOR REMOVAL"; PROVIDING FOR A TRANSITION PERIOD FOR EXISTING MEMBERS OF CITY BOARDS; REPEALING SECTION 32.18 "PROCEDURE" IN ITS ENTIRETY; AND BY REPEALING SECTION 32.19, "VOTE NECESSARY FOR REMOVAL" IN ITS ENTIRETY, PROVIDING- A SAVING CLAUSE, A GENERAL REPEALER CLAUSE,AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach desires to modify its Code of Ordinances relating to the procedure for removal of appointed Members to City Boards, and WHEREAS, appointed Members of City Boards serve in a largely advisory capacity, as unpaid volunteers,without compensation,and as such should not have any property rights to their position, and WHEREAS, the purpose of this Ordinance is to revise the City policy with respect to appointed City Board Members to provide that any Member of a City Board appointed after the effective date of this ordinance shall serve at the pleasure of the City Commission and may be ,removed for any reason, or no reason,by a majority vote of the City Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,FLORIDA,AS FOLLOWS: Section 1. That Chapter 32, "Departments, Boards and Commissions", Section 32.15, "Definitions",of the Code of Ordinances of the City of Delray Beach be amended to read as follows: Sec. 32.15. DEFINITIONS_ For the purposes of this Section.,the following definitions shall apply QtE Board. Any of the Regulatory or Advisory Boards Committees and Commissions of the Cit Member. Any person who is a member of any of the ragulate.4JA T adviseFy b ra , Cemmittees and C f the City-,whether they are appeinted by the City GeffHaissien or-elee:�ed, City Board whether they are a ointed by the Cily Commission or elected. Abandonment of Office. Includes, but is not necessarily limited to, failure to attend three (3) consecutive regular meetings of a Q11 Board, r,.wmiiAee or G,,n.,r.:ss Section 2. That Chapter 32, "Departments, Boards and Commissions", Section 32.16, "Application", of the Code of Ordinances of the City of Delray Beach be amended to read as follows: Sec. 32.16. APPLICATION. (A) A Mmember of any City Board, appointed by the City Commission to serve for a fixed term may be removed during the term of office in accordance with the provisions of this subchapter. This subchapter shall apply to any City Board, operating under the auspices of the City, whether created by Charter, special act,ordinance or resolution, except as provided in [subsection] (B)below. (B) (1) The Code Enforcement Board shall be governed by F.S. Chapter 162.05(e) and which provides that W any Mmember of a Code Enforcement Board may be removed for cause or if a Member fails to attend two(2)of three(3) successive meetings without cause and without prior approval of the chairman,._ Uponthe occurrence of any of the preceeding events, the Enforcement Board shall declare the Mmember's office vacant, and the City Commission shall promptly fill the vacancy. (2) The Community Redevelopment Agency shall be governed by Florida Statutes Chapter 163.356(4) which provides that the City Commission may remove a Community Redevelopment Agency Commissioner for inefficiency, neglect of duty, or misconduct in office only after a hearing and only if the member has been given a copy of the charges at least ten (10) days prior to such hearing and has had an opportunity to be heard in person or by counsel. (3) The Downtown Development Authority shall be governed by Special Act which is codified as Chapter 7I-604, Laws of Florida, as amended. The Special Act provides that the City Commission may remove a Mmember of the authority for good cause upon a vote of four-fifths of its entire membership, authorizes removal after notice which specifies the charges, and after a hearing. Good cause in the Special Act is defined as willful neglect of duty,incompetence, or unfitness to perform one's duty or conviction of an offense involving moral turpitude. Members so removed shall be entitled to review by the circuit court of the action taken. (4) The Delray Beach Housing Authority shall be governed by F.S. Chapter 421.07 which provides for the removal of Commissioners for inefficiency or neglect of duty, or misconduct in office. A Commissioner may be removed by the Mayor with concurrence of the governing body, but a Commissioner shall be removed only after the Commissioner has been given a copy of the charges at least ten(10) days prior to the hearing thereon and after an opportunity to be heard. (C) The provisions of this subchapter shall be cumulative to such other procedures as specified in other applicable provisions of law concerning a specific board, Committee or Commission. Section 3. That Chapter 32, "Departments,Boards and Commissions", Section 32.17, "Grounds for Removal"be amended to read as follows: 2 ORD.NO. 28-14 See. 32.17. GROUNDS FOR REMOVAL. In addition te sueh ether grotmds for- the r-emeval of members ef a paAieular- board, Geffifnittee e the vield&H of aEky prmevisiefi of the Code of Ethics faf Public O-Xflee-vs ;---d Employees efted at Q.,Vtef -_— l-a . R of the .....a.....,. .a........a..s, .....gar avuvu in cuEy vvux a owl duges-er-for-aff other jrst-eause; or ab ndo e4 of o fg . 1 Abandonment of Office. Except as ma be otherwise provided by law, special act or City ordinance, in the event of Abandonment of Of-flee by a Member of a City Board a notice of removal shall automaticall y be issued by the City Mana er or designee. The removal shall be effective as of the date of the notice. 2 Except as otherwise provided by City ordinance general or s ecial law, an appointed Member of a City Board shall serve at the pleasure of the City Commission notwithstanding that their appointment may be for a specified term. No Member derives anyproperty rights in his or tier position. 3 The Cily Commission May remove a City Board Member appointed by the Ci Commission for ggy reaso or no reason, by a ma on vote of the membqEshiR of the City Commission. The removal shall tale effect immediate) or u on an later date which the Ci Commission may Mccify. 4 The City Commission may remove an elected Ci Board Member for: i violation of an provision of the applicable Statute Cop=or Ci ty code of ethics governing the conduct of officials (ii) malfeasance- misfeasance; neglect of du • or inability to perform his or her official duties or Chi) conviction of a felony or misdemeanor. The My Commission mqy suspend an elected City Board Member for: i an arrest for a felony, or arrest for a misdemeanor related to the duties of office ar ii an indictment or information regarding the commission of a misdemeanor, or felon . The elected Ci Board Member shall be advised of the basis for his or her removal or suspension, provided reasonable notice and an ov-portunity for a hearing in accordance with the procedures provided in Section 32.18 . (5) The vacanc y of either an appointed or elected City Board Member shall be filled in the same_ manner as the original selection. Section 4. That Chapter 32, "Departments, Boards and Commissions", Section 32.18, "Procedure", of the Code of Ordinances of the City of Delray-Beach be amended to read as follows: 3 ORD,NO. 28-14 Sec. 32.18. PROCEDURE. (A) Transition Rules. A Member of a City Board appointed prior to the effective date of this ordinance shall be subject to the following procedures for the remainder of the Member's current term: B Grounds for Removal.In addition to such other gTounds for removal of Members of a City Board as may be prescribed by Ordinance or law, during the transition period described in subsection LA above any appointed Ci1y Board Member mgy, in the discretion of the City Commission be removed by the Cily Commission for the violation of any provision of Section 32.17(4) (CA) Notice of Removal. Except as provided in subsection(EG) below, a notice of removal shall be served upon the Member sought to be removed upon the direction of a majority of the City Commission. The notice of removal shall be prepared by the City Attorney and signed by at least one member of the City Commission,and shall specify the grounds for removal. LD14) Service of Notice. The notice of removal shall be served by personal delivery or by ordinary first class mail. Service shall be accomplished as soon as is practicable after the City Commission directs service of the notice of removal. The notice shall include a statement that the Member has the right to request a hearing before the City Commission, and that the request for a hearing must be received by the City Clerk on or before a date to be specified in the notice, which shall be seven (7) days from the date of service if the notice is personally served, or ten(10) days from the date of mailing if the notice is served by mail. (EE) Grounds for Automatic Removal. If the ground(s) for removal is Abandonment of Office, the notice of removal shall automatically be issued by the City Manager or his designee. In such cases, subsection (FP) below shall not be applicable, but the person removed may request reappointment at any time. (FD) Hearing;Decision of City Commission. (1) Upon the timely request of the Member for a hearing before the City Commission, the Commission shall set a date,time and place for a hearing and direct the City Clerk to give the member notice of the hearing. (2) At the hearing,the Member will have an opportunity to respond,to present evidence and arguments on all issues involved, and to conduct cross-examination. The Member may appear in person at the hearing or be represented by legal counsel or some other representative as the member chooses. (3) The decision of the City Commission may be to either remove, to suspend, to reprimand or to absolve the Member. (GE) Effective Date of Removals. (1) Except as provided in subsection (G£)(2)below,the effective date of removal of a Member shall be immediately after the expiration of the time in which the Member has the right to request a hearing before the City Commission, or any later date which the City Commission may provide, unless the Member timely requests a hearing before the City Commission. If the Member timely requests a 4 ORD. NO. 28-14 hearing, and if the City Commission decides to remove the Member upon the conclusion of the hearing, the removal shall take effect immediately unless the City Commission specifies a later date. If a Member timely requests a hearing but withdraws the request prior to the hearing, the effective date shall be the date on which the request is withdrawn. (2) If the ground(s) for removal is Abandonment of Office, the removal shall take effect immediately upon issuance of the notice by the City Manager or his designee. (M The City Clerk shall notify the City- Commission in writing at such time that the date of appointment or election of all Members is subsequent to the effective date of this Ordinance. Upon such' notification the transition rules provided in Section 32,18 shall be deemed repealed without any further action by the City Commission and all Members shall be governed by the remaining sections of Chapter 32 of the Code of Ordinances. Section S. That Chapter 32, "Departments, Boards and Commissions", Section 32.19, "Vote Necessary for Removal", of the Code of Ordinances of the City of Delray Beach be repealed in its entirety as follows: Refneva4 ef any fflember of a City Board-, GaffHnittee or Genammissiaii shall fequir-e feu,- (4)votes ef f,.r;tu, of-e ffie SOSSC.IEffiQ4rQ�2S T Section 6. That, Chapter 32, "Departments, Boards and Commissions", Section 32.20, "Reappointment", of the Code of Ordinances of the City of Delray Beach be repealed in its entirety as follows: Na&iBg eeaWned herein shall prevent the City Gefffinission 40M r-eaffeffi�ing the GWy Beafd, Gen+miltee E)r- Commission ineiRbef te fill the tt�ir-ad per-tion ef the term if-, upea good eause she to the City Commission, that member- has requested and demons:tf��d good eause for- si r�eappein�eiA-. Section 7. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 8. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 9. That this ordinance shall become effective immediately upon passage on second and final reading and shall also apply to all appointments made at the Commission meeting where this was heard during first reading. 5 ORD. NO. 28-14 PASSED AND ADOPTED in regular session on second and final reading on this the day of -- ,2014. ATTEST: MAYOR City Clerk First Reading Second Reading G ORD. NO. 25-14 Coversheet Page 1 of 1 • MEMORANDUM TO: Mayor and City Commissioners FROM- Noel Pfeffer, City Attorney DATE: September 25, 2014 SUBJECT: AGENDA ITEM 11.A. - REGULAR COMMISSION MEETING OF OCTOBER 7, 2014 ORDINANCE NO. 28-14 BACKGROUND During the City Commission discussion regarding the nomination process for City advisory board members on September 4, 2014, the Commission directed the City Attorney to amend the current rules to provide that all appointed City board members serve at the pleasure of the City Commission. The removal procedures for appointment of members to City boards are established by Chapter 32 of the City Code of Ordinances. The City Attorney's office has prepared a proposed ordinance amendment which provides that all future appointed City board members will now serve at the pleasure of the City Commission. The amendment specifically excludes certain City boards whose membership and removal are governed by state statute or special law (e.g. Code Enforcement Board, Community Redevelopment Agency, Downtown Development Agency, and the Delray Beach Housing Authority). Also, appointed board members currently serving on a City board are legally entitled to complete their term under the current City rules (i.e. removal for cause). All City board members appointed after the effective date of the ordinance shall serve at the pleasure of the majority of the City Commission and may be removed without cause at any time. Elected members of City boards (e.g. Civil Service Board, Police and Fire Pension Board) may only be removed for cause, after notice, and a hearing before the City Commission. DISCUSSION The ordinance was prepared at the direction of the City Commission. RECOMMENDATION City Commission discretion http:ll agendas.mydelraybeaoll.com/Bluesheet.aspx?lten-LfD=845 S&MeetingID=535 11/14/2014