Ord 24-13Page 1 of 1
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Louie Chapman, Jr., City Manager
DATE: November 1, 2013
SUBJECT: AGENDA ITEM N.A. - MEETING OF NOVEMBER 5, 2013
ORDINANCE NO. 24 -13
ITEM BEFORE COMMISSION
This ordinance is before Commission for second reading to consider an amendment to Chapter 33,
"Police and Fire - Rescue Departments ", Section 33.65, "Administration ", to clarify the membership of
the board.
BACKGROUND
At the first reading on October 15, 2013, the Commission passed Ordinance No. 24-13.
RECOMMENDATION
Recommend approval of Ordinance No. 24 -13 on second and final reading.
http:// itwebapp/ NovusAgenda /Preview.aspx ?ItemID= 7336 &MeetingID =465 11/7/2013
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: R. Brian Shutt, City Attorney
DATE: October 9, 2013
SUBJECT: AGENDA ITEM 11.A. -REGULAR COMMISSION MEETING OF OCTOBER 15, 2013
ORDINANCE NO. 24-13
ITEM BEFORE COMMISSION
Page 1 of 1
The item before the City Commission is Ordinance No. 24 -13 which provides for modifications to the
Police/Fire Pension Ordinance to allow the Mayor to nominate someone to the Board, other than the
Assistant City Manager, however the Commission must approve the nomination.
BACKGROUND
Currently, the Mayor must serve on the Board of Trustees for the Police and Fire Pension Plan, unless
he designates the Assistant City Manager to take his place. In light of the recent departure of Mr. Smith,
it was proposed to modify the ordinance to remove the restriction allowing the Mayor to only designate
the Assistant City Manager.
During first reading, at the Commission's September 10, 2013 meeting, the Commission gave direction
to modify the ordinance to provide that the Mayor may nominate someone to take the Mayor's place on
the board, provided that the Commission must approve the nomination. The attached ordinance
provides for that change and clarifies that any person the Mayor nominates must also meet the
requirements of Section 32.07 of the Code of Ordinances which provides that the person must possess
sufficient knowledge, experience, judgment or background necessary to competently serve and the
person must also be a resident, own property or a business or be an officer or manager of a business in
Delray Beach.
Based on the discussion from the October 1, 2013 Commission meeting, where it was suggested that the
Mayor should attend the Police and Fire Pension meetings rather than nominate another person, I
contacted Pat Gleason who is Special Counsel for Open Government in Attorney General Pam Bondi's
office. Ms. Gleason was in agreement with my concerns in allowing two members of another board
(Police and Fire Pension Board of Trustees) attend a meeting to discuss union negotiations where that
meeting is exempt from the Sunshine law and where there is a potential that matters may be discussed in
the closed door meeting that would also be discussed by the other board, thus creating the sunshine law
violation.
Therefore, I am recommending that the Commission approve this ordinance to allow the Mayor to
nominate another person to this board.
RECOMMENDATION
Commission approval.
http:// itwebapp / Agendalntranet /Bluesheet.aspx ?ItemID= 7265 &MeetingID =464 11/1/2013
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: R. Brian Shutt, City Attorney
THROUGH:
DATE: September 11, 2013
Page 1 of 1
SUBJECT: AGENDA ITEM 11.A. -REGULAR COMMISSION MEETING OF SEPTEMBER 17, 2013
ORDINANCE NO. 24 -13
ITEM BEFORE COMMISSION
The item before the City Commission is Ordinance No. 24 -13 which provides for modifications
to the Police /Fire Pension Ordinance to allow the Mayor to nominate someone to the Board,
other than the Assistant City Manager, however the Commission must approve the
nomination.
BACKGROUND
Currently, the Mayor must serve on the Board of Trustees for the Police and Fire Pension
Plan, unless he designates the Assistant City Manager to take his place. In light of the recent
departure of Mr. Smith, it was proposed to modify the ordinance to remove the restriction
allowing the Mayor to only designate the Assistant City Manager.
During first reading, at the Commission's September 3, 2013 meeting, the Commission gave
direction to modify the ordinance to provide that the Mayor may nominate someone to take the
Mayor's place on the board, provided that the Commission must approve the nomination. It
was the consensus of the Commission to bring this item back as a First Reading at the
September 17, 2013 Regular Meeting. The attached ordinance provides for that change and
clarifies that any person the Mayor nominates must also meet the requirements of Section
32.07 of the Code of Ordinances which provides that the person must possess sufficient
knowledge, experience, judgment or background necessary to competently serve and the
person must also be a resident, own property or a business or be an officer or manager of a
business in Delray Beach.
RECOMMENDATION
Commission approval.
http:H agendas. mydelraybeach .com /Bluesheet.aspx ?ItemID= 7187 &MeetingID =461 11/7/2013
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: R. Brian Shutt, City Attorney
DATE: August 26, 2013
Page 1 of 1
SUBJECT: AGENDA ITEM 11.G. -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2013
ORDINANCE NO. 24 -13
ITEM BEFORE COMMISSION
The item before the City Commission is Ordinance No. 24 -13 which provides for modifications
to the Police /Fire Pension Ordinance to allow the Mayor to designate someone to the Board,
other than the Assistant City Manager.
BACKGROUND
Currently, the Mayor must serve on the Board of Trustees for the Police and Fire Pension
Plan, unless he designates the Assistant City Manager to take his place. In light of the recent
departure of Mr. Smith, it is proposed to modify the ordinance to remove the restriction
allowing the Mayor to only designate the Assistant City Manager. The proposed change would
allow the Mayor to designate a person to the Board in accordance with our normal board
appointee requirements.
RECOMMENDATION
Commission approval.
http: // agendas. mydelraybeach .com /Bluesheet.aspx ?ItemID= 7103 &MeetingID =459 11/7/2013
FRIDAY, OCTOBER 25, 2013 1 (561) 820 -4343 THE PALM BEACH POST REAL NEWS STARTS HERE I PALMBEACHPOST.COM ES
CITY OF DELRAY.BEACH, FLORIDA
NOTICE OF PUBLIC HEARING
A PUBLIC HEARING will be held on
the following. proposed ordinances
on TUESDAY, NOVEMBER 5, 2013
at 7:D0 p.m. or -at any continuation
of such meeting which is set by the
Commission), in the Commission
Chambers.,- 100 N.W. 1st Avenue,
Delray Beach, Florida, at which time
th'e.City Commission will consider
their' adoption. The proposed
ordinances may be inspected at the
Office of tie City Clerk at City Hall,
100N.W. 16t Avenue, Delray 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 ordinances.
ORDINANCE NO. 24-13
AN ORDINANCE OF THE CITY
COMMISSION OFTHE CITY OF DELRAY
BEACH, FLOMDA, AMENDING
CHAPTER 33 "POLICE AND FIRE
RESCUE DEPARTMENTS ", SECTION
33.65; "ADMINISTRATION ";. TO
CLARIFY THE MEMBERSHIP OF THE
BOARD; PROVIDING A SAVING -
CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO -27 -13 '
AN ORDINANCE OF THE CITY
COMMISSION OF THE CITY OF DELRAY
- BEACH, FLORIDA, AMENDING
CHAPTER 30, "CITY COMMISSION ",
SECTION, "30.15, "WAIVERS OF CITY
ORDINANCES ", TO CLARIFY THE
PROCESS FOR THE GRANTING OF
WAIVERS FOR $PECIAL EVENTS AND
TO CLARIFY WHO PAYS FOR THE COST
OF PUBLISHING THE NOTICE OF THE
WAIVER REQUEST AND AMENDING
CHAPTER 101, "PARKS, REACHES, AND
RECREATION", TO AMEND SECTION
101.32, "ASSEMBLIES" IN ORDER TO
REQUIRE THAT GATHERINGS OF 25
PEOPLE OR MORE MUST OBTAIN. A
SPECIAL EVENT PERMIT, PROVIDING
'A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
Please be advised that if a person
decides to appeal any decision made
by the City. Commission with respect -to
any matter considered atthis 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
record pursuant to F.S- 286.0105.
CITY OF DELRAY BEACH
Chevelle D. Nubin, MMC
City Clerk
PUB: The Palm Beach Post
10- 2512013 #139113