Res 05-11RESOLUTION NO. OS-11
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING RESOLUTIONS 55-09 AND
58-09, WHICH ESTABLISHED THE RESPONSIBILITIES OF THE
FINANCIAL REVIEW BOARD AND ITS MEMBER REQUIREMENTS,
TO CLARIFY THAT THE BOARD'S DUTIES SHALL FALL UNDER
THE DIRECTION OF THE CITY MANAGER OR CITY COMMISSION
AND TO RESTRICT THE MEMBERSHIP OF THE BOARD; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to amend
Resolutions 55-09 and 58-09 to provide that the responsibilities and duties of the Board shall fall under the
direction of the City Manager, or his/her designee, and/or the City Commission; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to prohibit
employees of the City from serving on the Financial Review Board to reduce the possibility of a conflict
with the employee's employment; and
WHEREAS, The City Commission of the City of Delray Beach, Florida desires to prohibit officers,
directors and members of organizations, who are appointed to the Financial Review Board, from lobbying,
while a member of the Financial Review Board, the City Commission for funding or services on behalf of
their organization, in order to reduce the possibility of a conflict of interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the responsibilities and duties of the Financial Review Board, as set forth in
Resolutions 55-09 and 58-09, shall be carried out under the direction of the City Manager, or his/her
designee, and/or the City Commission. The Board shall undertake the reviews or take action in furtherance
of such reviews as approved or directed by the City Manager or his/her designee, or the City Commission.
Section 2. No City employee shall be eligible to serve on the Financial Review Board.
Section 3. Any person who is appointed to the Financial Review Board, who is also an officer,
director or member of another organization, shall be prohibited from personally or directly lobbying, while
a member of the Financial Review Board, any member of the City Commission for funding or services on
behalf of that organization.
PASSED AND ADOPTED in regular session on the 15`" day f February, 2011.
M
Attest:
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City Clerk v
2 RES. NO. OS-11
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: R. Brian Shutt, City Attorney
DATE: February 9, 2011
Page 1 of 1
SUBJECT: AGENDA ITEM 8 I -REGULAR COMMISSION MEETING OF FEBRUARY 15.2011
RESOLUTION NO.OS-11
ITEM BEFORE COMMISSION
Resolution OS-11 modifying the Financial Review Board.
BACKGROUND
Resolution OS-11 includes the following changes to address conflict of interest concerns the
Commission has discussed previously as well as concerns with the nature and scope of some of the
studies undertaken by the Board last year.
• The duties of the Financial Review Board shall be carried out under the direction of the City
Manager (or designee) and/or the City Commission. The Board will undertake reviews or take
action in furtherance of such reviews as approved or directed by the City Manager or City
Commission.
No City employee shall be eligible to serve on the Financial Review Board.
• Any person who is appointed to the Financial Review Board, who is also an officer, director or
member of another organization, shall be prohibited from personally or directly lobbying, while
a member of the Financial Review Board, any member of the City Commission for funding or
services on behalf of that organization.
RECOMMENDATION
City Commission approval of Resolution OS-11.
http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=4199&MeetingID=285 2/17/2011
RESOLUTION NO. OS-11
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING RESOLUTIONS 55-09 AND
58-09, WHICH ESTABLISHED THE RESPONSIBILITIES OF THE
FINANCIAL REVIEW BOARD AND ITS MEMBER REQUIREMENTS,
TO CLARIFY THAT THE BOARD'S DUTIES SHALL FALL UNDER
THE DIRECTION OF THE CITY MANAGER OR CITY COMMISSION
AND TO RESTRICT THE MEMBERSHIP OF THE BOARD; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to amend
Resolutions 55-09 and 58-09 to provide that the responsibilities and duties of the Board shall fall under the
direction of the City Manager, or leis/her designee, and/or the City Commission; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to prohibit
employees of the City from serving on the Financial Review Board to reduce the possibility of a conflict
with the employee's employment; and
WHEREAS, The City Commission of the City of Delray Beach, Florida desires to prohibit officers,
directors and members of organizations, who are appointed to the Financial Review Board, from lobbying,
while a member of the Financial Review Board, the City Commission for funding or services on behalf of
their organization, in order to reduce the possibility of a conflict of interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the responsibilities and duties of the Financial Review Board, as set forth in
Resolutions 55-09 and 58-09, shall be carried out under the direction of the City Manager, or his/her
designee, and/or the City Commission. The Board shall undertake the reviews or take action in furtherance
of such reviews as approved or directed by the City Manager or his/her designee, or the City Commission.
Section 2. No City employee shall be eligible to serve on the Financial Review Board.
Section 3. Any person who is appointed to the Financial Review Board, who is also an officer,
director or member of another organization, shall be prohibited from personally or directly lobbying, while
a member of the Financial Review Board, any member of the City Commission for funding or services on
behalf of that organization.
Section 4. Section 2 of this Resolution shall not apply to the present term of any members
currently on the board.
RES. NO. OS-11