Ord 34-14 ORDINANCE NO. 34-14
ANI ORDINANCE OF THE CITY COM2-V1ISSION 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"; 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 serge 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 Coinmission 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 tlae purposes of this Section, the following definitions shall apply:
Cit,2 Board.Any of the Re Watory or Advisory Boards Committees and Commissions of the
City.
Member. Any person who is a member of any , Gonantiftees
and GatttfFtissiofts of the (;]�,whedae--r they are appointed by the Gity 01! • C4
Board,whether they are appointed bar the Citv Commission or elected.
Abandonment of Offace. Includes, but is not necessarily limited to, failure to attend three (3)
consecutive regular ineetings or any five 5LgWn meetings over the course of any calendar year of a
City Board,
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Conduct U6eco,,vilag a Mgvber. Any conduct by a Member, which in the opinion of the Citv
Commission, is inappro:Pnate or unsuitable and which has a tendency to adversely affect, lower; or
destto City Conunission respect or confidence in the ability of the Member to perform his or her
duties as a Member of the Citv Board or conduct whicli brings disrepute or discredit to the CioT Board_
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 Nltnembet of any City Board, Gofm±nif1&e aE r °~ : appointed by the City
Commission to serve oe that boai!d, Goff" 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 C4 Board, TAssi etr 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 to
which provides that if 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 widzout cause and without prior
approval of the chairman,. Upon the occurrence of any of the preceding events, the Enforcement
Board shall declare the Mmembet'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 Conuallss-toner 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 Authorit-T shall be governed by Special Act which is
codified as Chapter 71-604, Laws of Florida, as amended. The Special Act provides that the City
Commission may remove. a Nln±ember of the authority for good cause upon a vote of four-fifths of its
entire membership, guthotizes 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 of 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
Coiwaiissioner shall be removed onl�T after the Comtrdssioner has been given a copy of the charges at
least ten (10) days prior to the heating 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.
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ORD. NO. 34-14
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Section 3. That Chapter: 32, "Departments, Boards and Cotlatnissions", Section 32.17, "Grounds for
Removal" be amended to read as follows:
Sec. 32.17. GROUNDS FOR REMOVAL.
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Statutes,Employees eitedatGbtTte�p 112 �Pai-tTl� of+e Florida conactionin c c
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in the pefffertttafiee of offie4l f
(1) Abandonment of Office. Except as may be otherwise provided by law, special act or
City ordinance, in the event of Abandomxient o£ Office by a Member of a Ui T Board, a_ notice of
removal shall automatically be issued by the Citv Manager or designee. The removal shall be effective
as of the date of the notice.
(2) _The Cior Commission may remove_ a Cit�7 Board _Member for: (i Conduct
Unbecoming a Member violation of any provision of the applicable Statute, Countv or City code of
ethics goveymng the conduct of officials _(iii) __malfeasance; misfeasance; neglect of duty: or inability to
perform bis_or her official duties oi_(iv)_conviction of a felony ot_misdemeanor. The Cib7 Commission
may susbend an elected City Board Menbet for: (il Conduct Unbecoming a Member N� an arrest for a
felony, or arrest for a.misdemeanor related to the duties of office; or (iii) an indictment or information
regarding the commission of a misdemeanor, or felony. The C4 Board Member shall be advised of
the basis for his or her removal or suspension, :provided reasonable notice, and an oppottun4 for a
hearing in accordance with the procedures btovided in Section 32.17.
(3) The vacancy of either an 412ointed_ot elected City Board Member shall be filled in the
Sallie manner as the oz-igiaal 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:
Sec. 32.18. PROCEDURE.
(A) Notice of Removal. Except as provided in subsection (C) 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
anernber of the City Com=mission, and shall specify the grounds for removal.
(B) Service of Notice. The notice of removal shall be sewed 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 heating before the City CoITIMission, and that the request for a
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ORD. NO. 34-14
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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 snail.
(C) Grounds for Automatic Removal. If the grounds) 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 (D) below shall not be applicable, but the person removed may request
reappointment at any time.
(D) 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
re p remand or to absolve the Member..
(E) Effective Date of Removals.
(1) Except as provided in subsection (E)(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 hearng before the City Commission. If the Member timely requests a
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 latex 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 giound(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.
Section 5. That Chapter 32, "Departinents,Boards and Commissions", Section 32.19, "Vote Necessaty
for Removal", of the Code of Ordinances of the City of Delray Beach be repealed in its entirety as follows:
of ee.
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ORD. NO. 34-14
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Section 6. That Chapter 32, "Departments, Boards and Coinmissions", Section 32.20,
"Reappointment", of die Code of Ordinances of the City of Delray Beach be repealed in its entirety as follows:
Section 7. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or woad be declared by a coirtt of competent jurisdiction to be invalid, such decision shall
not affect the validity of die remainder hereof as a whole or part thereof other than the part declared to be
invalid.
Section 8. That all ordinances of parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 9. That this ordinance shall become effective itm-aediately upon passage on second and final
reading and shall also apply to all appointments made at the Commission ineeting where this was heard during
i-ttst reading. G�
�\ PASSED AND ADOPTED in regular session on second and final reading on dzis the p day of
. 2014.
ATTEST:
City Cleti" A
First Readin
Second Rea difi t W
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ORD. NO. 34-14
Coversheet Page 1 of 1
MEMORANDUM
TO: M ayor and Ci ty Commi ssi oners
FROM: Noel Pfeffer, City Attorney
DATE: November 5, 2014
SUBJECT: AGENDA ITEM 10.A.-REGULAR COMMISSION MEETING OF NOVEMBER 18,2014
ORDI NANCE NO.34-14(SECOND READI NG)
BACKGROUND
During the City Commission discussion regarding the nomination process for City advisory board
members on September 4, 2014, the Commi ssi on di rected the Ci ty Attorney to amend the current rul es
to provi de a I ess ri gorous method f or removi ng Ci ty board members. M ore recentl y, at the October 7,
2014 City Commission meeting, the Commission requested the City Attorney to further revise the
proposed amendment from "removal for no cause" to removal for "conduct unbecoming". Conduct
unbecomi ng has been def i ned i n the proposed ordi nance to mean any conduct by a M ember, whi ch i n
the opinion of the City Commission, is inappropriate or unsuitable and which has a tendency to
adversel y off ect, I ower, or destroy Ci ty Commi ssi on respect or conf i dence i n the abi I i ty of the M ember
to perform his or her duties as a Member of the City Board or conduct which brings disrepute or
di scredi t to the City Board.
The amendment speci f i cal I y excl udes certai n Ci ty boards whose membershi p 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).
In addition, as a result of the Commission discussion of November 4, 2014, the definition of
"Abandonment of Off i ce" has been f urther amended and expanded i n the Ordi nance to i ncl ude mi ssi ng
f i ve(5) regul ar meeti ngs over the course of one cal endar year.
Except f or those boards speci f i cal I y excl uded, al I Ci ty board members appoi nted after the off ecti ve date
of the ordi nance shad I be subj ect to removal f or conduct unbecomi ng, i n addi ti on to the other stated
reasons for removed. Board members may only be removed for cause, after notice, and a heari ng before
the City Commi ssi on.
LEGAL DEPARTMENT REVIEW
Thi s i tem compel i es wi th al I appl i cabl a rul es and I aws.
DISCUSSION
The ordi nance was prepared at the di recti on of the Ci ty Commi ssi on.
RECOMMENDATION
Ci ty Commi ssi on di screti on.
http://itwebapp/Agendal ntranet/BI uesheet.aspx?ItemI D=8586&M eeti ngI D=538 11/25/2014
2F SOUTH FLORIDA SUNSENTINEL SUNSENTINEL.COM Friday, November 7, 2014
CITY OF DELRAY BEACH,FLORIDA CLAUSE,AND AN EFFECTIVE DATE.
NOTICE OF PUBLIC HEARING -
A PUBLIC HEARING will be held an Please be advised that it a person decides
the following proposed ordinance on to appeal any decision made by the City
TUESDAY,NOVEMBER 18,2014 or at Commission with respect to any matter
continuation of such meeting which is considered at this hearing,such person
set by the Commission),in the Commis- may need to ensure that a verbatim re-
sion Chambers,100 N.W.1st Avenue, cord includes the testimony and evidence
Delray Beach,Florida,at which time the upon which the appeal is to be based_
City COMMISSIOD will Consider its adop- The City does not provide nor prepare
tion.The proposed ordinance may be such record pursuant to 1286.0105
inspected at the Office Of the City Clerk
at City Hall,100 N.W.1 st Avenue,Delray CITY OF DELRAY BEACH
Beach,Florida,between 8:00 a,m:and Chevelle D,Nubin,MMC
5;00 p.m.,Monday through Friday,except City Clerk
holidays. Interested parties are invited to November 7,2014
attend and be heard with respect to the
proposed ordinance.
ORDINANCE NO.34-14
AN ORDINANCE OF THE CITY COMMIS-
SION OF THE CITY OF DELRAY BEACH,
FLORIDA,AMENDING CHAPTER 32,
"DEPARTMENTS,BOARDS AND COMMIS-
SIONS",OF THE CODE OF ORDINANCES;
AMENDING THE RULES FOR REMOVAL
FOR MEMBERS OF CITY BOARDS;AMEND-
ING SECTION 32.15,"DEFINITIONS",
AMENDING SECTION 32.17,"GROUNDS
FOR REMOVAL";AND BY REPEALING
SECTION 32.19,"VOTE NECESSARY FOR
REMOVAL"IN ITS ENTIRETY,PROVIOING A
SAVING CLAUSE.A GENERAL REPEALER