Ord 26-13AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 32,
"DEPARTMENTS, BOARDS AND COMMISSIONS ", BY AMENDING
SECTION 32.08, "LENGTH OF TERMS; RESTRICTIONS ", TO PROVIDE
THAT A FORMER CITY COMMISSIONER MAY NOT BE APPOINTED
TO A CITY BOARD FOR A ONE (1) YEAR PERIOD UPON LEAVING
OFFICE; PROVIDING A SAVINGS CLAUSE; GENERAL REPEALER
CLAUSE; AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to amend its ordinances
governing board appointments to provide that former commissioners may not be appointed to any boards, task
forces, or committees for a period of one (1) year following the last day in office as a City Commissioner.
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 ", is amended by amending
Section 32.08, "Length of Terms; Restrictions ", to read as follows:
Sec. 32.08 LENGTH OF TERMS; RESTRICTIONS.
(A) In general, all appointments shall be for a taro -year period, except as may be provided
for by Florida Statutes, Special Act, Resolution of the City Commission or elsewhere within the Code
of Ordinances of the City of Delray Beach.
(B) In the case of reorganization or reconstitution of an advisory board or Committee, three
(3) members shall be appointed for an initial term of one year, with the balance of the members being
appointed for an initial term of two (2) years. Thereafter, all appointments shall be for two (2) years.
(C) No member shall be appointed for more than two (2) successive terms (original terra,
plus on additional term). A member who has been appointed to fill an unexpired term shall remain
eligible to serve two (2) full two -year successive terms.
(D) Upon completion of the maximum allowable two (2) full terms of membership as
described in subsection 32.08(C) above, no advisory board or Committee member shall be eligible for
reappointment to the same Board or Committee for a period of one year.
(E) No member of any advisory board or Committee may concurrently serve on another
advisory board or Committee. However, this prohibition shall not apply if an ordinance and /or
resolution expressly provides that the membership of an advisory board or Committee includes, as part
of its membership, the members) of another specifically named advisory board or Committee. The
prohibition will not apply to any person who is a member of an advisory board or Committee and also
is appointed to serve on the Neighborhood Advisory Council and /or the Unity Collaborative. In such.
a case, a member of the specifically nazxaed advisory board or Committee is eligible to serve on two (2)
or more advisory Foards or om=ttees. Notmiffistanding the f6reg ofing, a member may selve on.
more than one task force or ad hoc Committee or may serve as an advisory board or Committee
member and a member of a task force or ad hoc Committee without being expressly provided for by an
enacting ordinance or resolution. Dual membership, where allowed herein, shall not be allowed if
prohibited by Florida Law or the Florida Constitution.
(F} No former Delray Beach City Commission member may appointed to boards task
forces, or committees for at least one (1) year following their last day in office as a City Commission'
member.
Section 2. That should any section of provision of this ordinance or any portion thereof, any
paragraph, sentence, clause 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 hereof other than the part
declared invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 4. That this ordinance shall become effective upon its passage on second and final reading.
PASSED AND ADOPTED in regular session on second a- ad final reading on this the��ay
of October, 2013.
AYOR
ATTEST: \�
City Clerk
First Reading j �"L) L3
Second Reading j a j at i
2 ORD, NO. 26--13
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM:
DATE: October 9, 2013
Page 1 of 1
SUBJECT: AGENDA ITEM 10.B. - REGULAR COMMISSION MEETING OF OCTOBER 15, 2013
ORDINANCE NO. 26 -13
ITEM BEFORE COMMISSION
This ordinance is before Commission for second reading to consider an amendment to
Chapter 32, "Departments, Boards and Commissions ", by amending Section 32.08, "Length of
Terms; Restrictions", to provide that a former City Commissioner may not be appointed to a
city board for a one (1) year period upon leaving office.
BACKGROUND
At the first reading on October 1, 2013, the Commission passed Ordinance No. 26 -13.
RECOMMENDATION
Recommend approval of Ordinance No. 26 -13 on second and final reading.
http: // agendas. mydelraybeach .com /Bluesheet.aspx ?ItemID= 7268 &MeetingID =464 11/5/2013
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: R. Brian Shutt, City Attorney
DATE: September 20, 2013
Page 1 of 1
SUBJECT: AGENDA ITEM 11.B. - REGULAR COMMISSION MEETING OF OCTOBER 1, 2013
ORDINANCE NO. 26-13
ITEM BEFORE COMMISSION
The item before the City Commission is Ordinance No. 26 -13.
BACKGROUND
Currently, former members of the City Commission may be appointed to any of the City boards
immediately upon leaving office. This proposed ordinance would require that former commissioners
would not be eligible for appointment to a City board, task force or committee for a one year period
following their last day in office.
RECOMMENDATION
Commission approval.
http:// itwebapp/ AgendaIntranet /Bluesheet.aspx9ItemID= 7217 &MeetingID =462 10/9/2013
ORDINANCE NO. 26 -13
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 32,
"DEPARTMENTS, BOARDS AND COMMISSIONS ", BY AMENDING
SECTION 32.08, "LENGTH OF TERMS; RESTRICTIONS ", TO PROVIDE
THAT A FORMER CITY COMMISSIONER MAY NOT BE APPOINTED
TO A CITY BOARD FOR A ONE (1) YEAR PERIOD UPON LEAVING
OFFICE; PROVIDING A SAVINGS CLAUSE; GENERAL REPEALER
CLAUSE; AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to amend its ordinances
governing board appointments to provide that former commissioners may not be appointed to any boards, task
forces, or committees for a period of one (1) year following the last day in office as a City Commissioner.
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 ", is amended by amending
Section 32.08, "Length of Terms; Restrictions ", to read as follows:
Sec. 32.08 LENGTH OF TERMS; RESTRICTIONS.
(A) In general, all appointments shall be for a two -year period, except as may be provided
for by Florida Statutes, Special Act, Resolution of the City Commission or elsewhere within the Code
of Ordinances of the City of Delray Beach.
(B) In the case of reorganization or reconstitution of an advisory board or Committee, three
(3) members shall be appointed for an initial term of one year, with the balance of the members being
appointed for an initial term of two (2) years. Thereafter, all appointments shall be for two (2) years.
(C) No member shall be appointed for more than two (2) successive terms (original term,
plus on additional term). A member who has been appointed to fill an unexpired term shall remain
eligible to serve two (2) full two -year successive terms.
(D) Upon completion of the maximum allowable two (2) full terms of membership as
described in subsection 32.08(C) above, no advisory board or Committee member shall be eligible for
reappointment to the same Board or Committee for a period of one year.
(E) No member of any advisory board or Committee may concurrently serve on another
advisory board or Committee. However, this prohibition shall not apply if an ordinance and /or
resolution expressly provides that the membership of an advisory board or Committee includes, as part
of its membership, the member(s) of another specifically named advisory board or Committee. The
prohibition will not apply to any person who is a member of an advisory board or Committee and also
is appointed to serve on the Neighborhood Advisory Council and /or the Unity Collaborative. In such
a case, a member of the specifically named advisory board or Committee is eligible to serve on two (2)
or more advisory boards or Committees. Notwithstanding the foregoing, a member may serve on
more than one task force or ad hoc Committee or may serve as an advisory board or Committee
member and a member of a task force or ad hoc Committee without being expressly provided for by an
enacting ordinance or resolution. Dual membership, where allowed herein, shall not be allowed if
prohibited by Florida Law or the Florida Constitution.
(F) No former Delray Beach City Commission member ma,T�ppointed to boards, task
forces, or committees for at least one (1) year following their last day in office as a City Commission
member.
Section 2. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, clause 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 hereof other than the part
declared invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 4. That this ordinance shall become effective upon its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of , 2013.
ATTEST:
City Clerk
First Reading
Second Reading
MAYOR
2 ORD. NO. -13
THE PALM BEACH POST REAL NEWS STARTS HERE I PALMBEACHPOST,COM ES
FRIDAY, OCTOBER 4, 2013 1 (567)82()-4,343
CITY OF DELRAY BEACH, FLORIDA
NOTICE OF PUBLIC HEARING
A PUBLIC HEARING will 'be held on
the following proposed orldinance
on TUESDAY, OCTOBER 15, 2.013 at
7:00 p.m. or at any continuation
of such meeting which is set by the
Commission), in the Commission
Chambers, 100 N.W. ist Avenue,
Delray Beach, Florida, at which time
the City Commission will consider its
adoption. The proposed ordinance
may be inspected at the Office of
the City Clerk at City Hall, 100 N.W.
1st Avenue, Deiray.Beach, Florida,
between 8:00 a.m. and 5:00 p.m.,
.Monday through Friday, .except
holidays. Interested parties are invited
to attend and be heard with respect to
the proposed ordinance.
ORDINANCE NO. 26 -13
AN ORDINANCE OF THE CITY
COMMISSION OF THE CITY OF DELRAY
BEACH,- FLORIDA, AMENDING
CHAPTER 32, "DEPARTMENTS,
BOARDS AND COMMISSIONS ", BY
AMENDING SECTION 31.06, "LENGTH
OF TERMS; RESTRICTIONS ", TO
PROVIDE THAT A FORMER CITY
COMMISSIONER MAY NOT BE
APPOINTED TO A CITY BOARD FORA
ONE (1) YEAR PERIOD UPON LEAWNG
OFFICE; PROVIDING A SAVINGS
CLAUSE; GENERAL REPEALER CLAUSE;
AND ¢N EFFECTIVE DATE'
Piease be advised that if a person
decides to appeal any decision made
by the City Commission with respect to
any matter considered atth_ is hearing,
such person, may need to ensure
that a verbatim record includes the
testimony and evidence upon which
the appeal is to be based. The City
does not provide nor prepare such
retard pursuantto F.S. 286.0105.
CITY OF DELRAY BEACH
Chevelle D. Nubin, MMC
City Clerk
PUB: The Paim Beach Post -
10- 412013 H131398-