Ord 14-00ORDINANCE NO. 14-00
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 32,
"DEPARTMENTS, BOARDS AND COMMISSIONS", SUBHEADING
"EDUCATION BOARD", OF THE CODE OF ORDINANCES OF THE
CITY OF DELtLAY BEACH, BY AMENDING SECTION 32.26,
"COMPOSITION; APPOINTMENT; TERMS", TO PROVIDE FOR
INCREASED BOARD MEMBERSHIP; AMENDING SECTION 32.29,
"DUTIES AND RESPONSIBILITIES", BY AMENDING SUBSECTION
32.29(D) TO PROVIDE FOR A "STATE OF SCHOOLS"
PRESENTATION, BY AMENDING SUBSECTION 32.29(3-I) TO
PROVIDE FOR COMMENTS BY THE EDUCATION BOARD TO THE
CITY REGARDING THE SCHOOL BOARD OF PALM BEACH
COUNTY'S FIVE YEAR CAPITAL IMPROVEMENT PROGRAM AND
ITS IMPACT ON CITY SCHOOLS; AMENDING SECTION 32.30,
"MEETINGS; REPORTS", BY AMENDING THE HEADING OF AND
SUBSECTION 32.30(C) TO DELETE REFERENCES TO REPORTS,
REPLACING REPORTS WITH A "STATE OF SCHOOLS"
PRESENTATION WHICH IS INCORPORATED IN SUBSECTION
32.29(D); PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, deems the
state of city schools to be an utmost priority; and
WHEREAS, the City Commission desires to strengthen the Education Board by
prox4ding for increased membership; and
WHEREAS, the City Commission desires to clarify and update some of the duties
and responsibilities of the Education Board.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 32, "Depatunents, Boards and Commissions", Subheading
"Education Board", Section 32.26, "Composition; Appointment; Terms", of the Code of
Ordinances of the City of Delray Beach is hereby amended to read as follows:
Section 32.26 COMPOSITION; APPOINTMENT; TERMS.
~;he Education Board shall be composed of ~ eleven (11) regular members,
and two Ac _.~-:_~- ~t._u ~_~ student members, e ..... ~ Eleven (11) regular members shall be
appointed by the City Commission for terms of two (2) years, except that the members of the first
Board to serve shall be appointed so that three (3) members shall serve one (1) year terms, and four
(4) members shall serve two (2) year terms, and except that the 8th and 9th regular members shall
imrially serve for one (1) year terms and the l0th and llth regular members shall serve for two (2)
3,ear terms. Their successors shall be appointed to two (2) year terms. It is fiarther prohded that no
member may serve more than two successive terms on this Board. Two (2) student members shall
be appointed by the City Commission for a one (1) year term and a two (2) year term, respectively,
except that the first student members appointed shall serve as follows: One (1) year term ending
July 31, 1995; two (2) year term ending July 31, 1996. Their successors shall be appointed thereafter
to full one and two year terms. No student member may serve more than one term.
Section 2. That Chapter 32, "Depamnents, Boards and Commissions", Subheading
"Education Board", Section 32.29, "Duties and Responsibihties", of the Code of Ordinances of the
City of Delray Beach is hereby amended to read as follows:
Section 32.29 DUTIES AND RESPONSIBILITIES.
The duties and responsibihttes of the Education Board shall be as follows:
(A) Momtoring of School Board activities.
CB) Serve as liaison between the School Board of Palm Beach Count3, and the City
Commission.
(C) Participate in an information exchange via school newsletters and principal's
office with the administration of each Delray Beach school as well as those attended by Delray
Beach students elsewhere.
(ID) Preparation of an annual "State of Schools" presentation, zcpc, zt -~*& rcgpcct tc
'1-%~1 .... 'T~ ~__1_ ~1.. ~AI~
(E) Development of recommendations to the City Commission for forwarding to
the School Board of Palm Beach County regarding acfons which may be taken in support of
schools in Delray Beach and with respect to proposed legislation at the state level.
2 Ord. No. 14-00
(F) Maintenance of a continuous public rehtions effort to improve and maintain the
public image of. Delray Beach schools. TMs effort should include, hut not be lirmted to, the
folloxx4ng:
(1) Placement of favorable material in local media;
(2) Development of brochures and other materials to be utili:~ed in "marketing"
the Delray Beach schools.
(G) Identifying and attracting state and federal programs and grants in direct
support of Dekay Beach schools.
(H) Proxfde comments to the City Commission regarding ...... '~
........... t~ ..... t' .............................. the School Board of Palm Beach CounW's.
Year Capital Improvement Plan and its impact upon city schools.
Section 3. That Chapter 32, "Depasunents, Boards and Commissions", Subheading
"Education Board", Section 32.30, "Meetings; Reports", of the Code of Ordinances of the City of
Delray Beach is hereby amended to read as follows:
Section 32.30 MEETINGS-~%F~POR-T-8.
(A) The Education Board shall meet at least once monthly on a regular basis, wxth a
regular meeting date of the first Monday of each month, except for when that date fails on a hohday
under which circumstance the Board shall establish another regular meeting date for that month.
The Education Board may hold special meetings at the direcuon of its Chatrperson upon twenty-
foux (24) hour nouce.
03) All meetings shall be open to the public and the order of business and procedure
to be followed shall be as prescribed within the rules and regulations to be adopted by the Education
Board.
Section 4. 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 mvahd.
3 Ord. No. 14-00
Section 5. That all ordinances or parts of ordinances in conflict herewith be, and
the same are here. by repealed.
Section 6. That this ordinance shall become effective immediately upon its passage
on second and final reading.
the 15th day of
PASSED AND ADOPTED in zegular session on second and final reading on this
August ,2000.
ATTEST:
C~t3, ~21erk ~' !
F~st Reading July 2 5, 2000
MAYOR
SecondReadmg August 15, 2000
4 Ord. No. 14-00
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY _C(~ dMISSIONERS
CITY MANAGER ti'
AGENDA ITEM /0. ~"- REGULAR MEETING OF AUGUST
ORDINANCE NO. 14-00 (EDUCATION BOARD CHANGES)
AUGUST 9, 2000
20O0
This is second reading and a public heanng for Ordinance No. 14-00 that amends Chapter 32 of the
City Code pertaining to the EducaUon Board.
At the June 13th workshop, the City Commission discussed changes to the Education Board's
composition, duties and responsibilities. The Commission was supportive of increasing the board's
membership from seven (7) regular members and two student members to up to twelve (12) regular
members and two student members. Ordinance No. 14-00 promdes for an eleven (11) regular
member board as it would be more appropriate for voting purposes.
Other changes include the preparation of annual "State of the Schools" presentation instead of a
report, and changing the name of the Educanon Expo to School Showdown of the Arts. In addition,
the ordinance provides for a broadening of the Educatton Board's comments to the City Commission.
By momtormg the School Board of Palm Beach County's Five Year Capital Improvement Plan,
comments will be provided on not only racial balance issues but such items as the s~ting of new
schools, busing, attendance boundary changes and funding issues.
The Education Board reviewed the proposed changes on July 17, 2000, and voted unanimously to
recommend that they be approved. At first reading on July 25m, the City Commission passed the
ordinance by unanimous vote.
As an ancillary item, the Rules of the Education Board have been modified to be consistent with the
ordinance changes. A copy of the Rules in legislative format is attached for your review.
The recommendation is to approve Ordinance No. 14-00 on second and final reading and, by
separate motion, approve the Rules of the City of Delray Beach Education Board as modified.
Ref-Agmemo21.Ord 14-00 Ch.32.Educanon Board
ORDINANCE NO. 14-00
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DFJ JRAY BE. ACH, FLORIDA, AMENDING CHAPTER 32,
"DEPARTMENTS, BOARDS AND COMMISSIONS", SUBHEADING
"EDUCATION BOARD", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, BY AMENDING SECTION 32.26,
"COMPOSITION; APPOINTMENT; TERMS", TO PROVIDE FOR
INCREASED BOARD MEMBERSHIP; AMENDING SECTION 32.29,
"DUTIES AND RESPONSIBILITIES", BY AMENDING SUBSECTION
32.29(D) TO PROVIDE FOR A "STATE OF SCHOOLS"
PRESENTATION, BY AMENDING SUBSECTION 32.29(H) TO
PROVIDE FOR COMMENTS BY THE EDUCATION BOARD TO THE
CITY REGARDING THE SCHOOL BOARD OF PALM BEACH
COUNTY'S FIVE YEAR CAPITAL IMPROVEMENT PROGRAM AND
ITS IMPACT ON CITY SCHOOLS; AMENDING SECTION 32.30,
"MEETINGS; REPORTS", BY AMENDING THE HEADING OF AND
SUBSECTION 32.30(C) TO DFJ.ETE REFERENCES TO REPORTS,
REPLACING REPORTS WITH A "STATE OF SCHOOLS"
PRESENTATION WHICH IS INCORPORATED IN SUBSECTION
32.29(D); PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Deltay Beach, Florida, deems the
state of city schools to be an utmost priority; and
WHEREAS, the City Commission desires to strengthen the Education Board by
providing for increased membership; and
WHEREAS, the City Commission desires to clarify and update some of the duties
and responsibilities of the Education Board.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DF.I.RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 32, ''Departments, Boards and Commissions", Subheading
"Education Board", Section 32.26, "Composition; Appointment; Terms", of the Code of
Ordinances of the City of Delray Beach is hereby amended to read as follows:
Section 32.26 COMPOSITION; APPOINTMENT; TERMS.
The Education Board shall be composed of ~ eleven (11) regnhr members,
and two of _.~.;,u ~.An ~.~ student members, c .... rm Eleven (11~ regular members shall be
appointed by the City Commission for terms of two (2) years, except that the members of the first
Board to serve shall be appointed so that three (3) members shall serve one (1) year terms, and four
(4) members shall serve two (2) year terms, and except that the 8~ and 9* regular members shall
initially serve for one (1) year terms and the 10~ and 11t~ regular members shall serve for two (2)
year terms. Their successors shall be appointed to two (2) year terms. It is further provided that no
member may serve more than two successive terms on this Board. Two (2) student members shall
be appointed by the City Commission for a one (1) year term and a two (2) year term, respectively,
except that the first student members appointed shall serve as follows: One (1) year term ending
July 31, 1995; two (2) year term ending July 31, 1996. Their successors shall be appointed thereafter
to full one and two year terms. No student member may serve more than one term.
Section 2. That Chapter 32, "Departments, Boards and Commissions", Subheading
"Education Board", Section 32.29, "Duties and Responsibilities", of the Code of Ordinances of the
City of Deiray Beach is hereby amended to read as follows:
Section 32.29 DUTIES AND RESPONSIBILITIES.
The duties and responsibilities of the Education Board shall be as follows:
Monitoring of School Board activities.
(t3) Serve as liaison between the School Board of Palm Beach County and the City
Commission.
(C) Participate in an information exchange via school newsletters and principal's
office with the administration of each Delray Beach school as well as those attended by Delray
Beach students elsewhere.
CD) Preparation of an annual "State of Schools" presentation:
(E) Development of recommendations to the City Commission for forwarding to
the School Board of palm Beach County regarding actions which may be taken in support of
schools in Delray Beach and with respect to proposed legislation at the state level.
2 Ord. No. 14-00
(F) Maintenance of a continuous public relations effort to improve and maintain the
public image o£ Delray Beach schools. This effort should include, but not be limited to, the
following:
(1) Placement of favorable material in local media;
(2) Development of brochures and other materials to be utilized in "marketing"
the Dekay Beach schools.
(G) Identifying and attracting state and federal programs and grants in direct
support of Delray Beach schools.
(Iq) Provide comments to the City Commission regarding ....... a a___l .......
__a ,~.A:_: ............ ~. .... :.1 u_l ..... c --~--A~ ~ the School Board of Palm Beach County's 5-
Year Capital Improvement Plan and its impact upon city schools.
Section 3. That Chapter 32, "Departments, Boards and Commissions", Subheading
"Education Board", Section 32.30, "Meetings; Reports", of the Code of Ordinances of the City of
Delray Beach is hereby amended to read as follows:
Section 32.30 MEETINGSg-tI~P4~R-T~.
(A) The Education Board shall meet at least once monthly on a reg~hr basis, with a
regmlar meeting date of the first Monday of each month, except for when that date falls on a holiday
under which circumstance the Board shall establish another regular meeting date for that month.
The Education Board may hold special meetings at the direction of its Chairperson upon twenty-
four (24) hour notice.
03) All meetings shall be open to the public and the order of business and procedure
to be followed shall be as prescribed within the roles and regulations to be adopted by the Education
Board.
Section 4. 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 jurisdicfon 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.
3 Ord. No. 14-00
Section $. That all ordinances or parts of ordinances in conflict herewith be, and
the same are hereby repealed.
Section 6. That this ordinance shall become effective immediately upon its passage
on second and final reading.
PASSED AND ADOPTED in l:egnl~r session on second and final reading on this
the ~ day of ,2000.
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading
4 Ord. No. 14-00
RULES OF THE CITY OF DELRAY BEACH
EDUCATION BOARD
ARTICLE I - GENERAL GOVERNING RULES:
The Education Board (hereinafter the "Board") shall be governed by the ordinances Resotutkm
54:g9 of the City of Delray Beach, Florida (hereinafter the "City"), as and if amended, and the
Rules of Procedure hereinafter set forth (hereinafter the "Rules"), as adopted by the Board and
approved by the City Commission.
ARTICLE II- OFFICERS, COMMITTEES:
A. The Board shall elect a Chair, Vice Chair, and Second Vice Chair, annually at its
first regular meeting in the month of September, from among its members, by a majority vote of
its members present and voting.
B. The Chair (or in his/her absence, the Vice Chair or Second Vice Chair) shall
preside at all meetings of the Board and rule on all points of order and procedure.
C. The Chair shall appoint any committees which may be deemed necessary.
D. The Staff Liaison shall act as Recording Secretary. The Recording Secretary shall
take and transcribe the minutes of each meeting of the Board, conduct all correspondence of the
Board, keep a minute book recording attendance and the vote of each member upon each
question (or, if a member is absent or fails to vote, indicating such fact), maintain records of
examinations and hearings and other official actions, and carry out such other official duties as
may be assigned by the Board.
ARTICLE IH - MEETINGS, QUORUM, CONFLICTS:
A. REGULAR MEETINGS: The Board shall conduct its regular meetings every
first and third Monday of each month at 5:30 p.m., unless there is no cause to hold such a
meeting, unless such regular meeting date falls on a holiday as designated by the City of Delray
Beach or with the option of not holding the second meeting of any month as determined by the
chairman. The Recording Secretary of the Board shall notify each Board member, not less than
one (1) day prior to any re~malarly scheduled meeting, of the time and place of each meeting.
B. SPECIAL MEETING: A special meeting may b called by the Chair subject to
compliance with statutory notice provisions.
C. QUORUM: A quorum is required in order to hold a meeting. A quorum shall
consist of 50% + 1 of the appointed re~lar members -f, A4~pos/,~ of the Board. All findings
and orders of the Board require a vote of the majority of its members present and voting;
provided, however, that not less than 50% + 1 of the re~o-ular members of the Board must vote in
favor of an action for the action to be official.
D. PRESENTATION, PERSONAL INTEREST: No member or alternate member,
if any, of the Board shall appear or represent before the Board a person in any matter pending
before the Board. No member of the Board shall hear or vote upon any matter before the Board
in which she or he is directly affected in a financial way. Whenever a member ~
~ of the Board has a direct personal, phvate or personal interest in any matter which
comes before the Board, which interest creates a conflict of interest, that member or--altema~
memb~ shall disclose said confl/ct before discussion and vote and shall, within fifteen (15) days
after the vote occurs, file the proper form with the Board Secretary pursuant to the provisions of
Chapter 112, Florida Statutes.
E. CONDUCT OF MEETINGS: All meetings shall be open to the public, and the
formal agenda posted in the Lobby of City Hall three (3) days prior to each regularly scheduled
meeting. The Chair may, at his or her discretion, change the order of business at any meeting.
F. ADJOUKNrED MEETINGS: The Board may adjourn a regular meeting, if all
business cannot be disposed of on the day set, to a time and date certain; however, notice of the
time and date of postponement shall be given at the time of adjournment and shall not be
changed prior to resumption of the postponed meeting.
ARTICLE IV - SCHOOL LIAISON ASSIGNMENTS:
A. DELRAY BEACH PUBLIC SCHOOLS: Each Education Board member shall
serve as a liaison to a public school located in Dekay Beach. Responsibilities of the liaison
include: 1) meet or talk once per month with Principal and/or SAC Chair, 2) discuss
needs/priorities and bring back information to Board for any action, 3) coordinate
E~po School Showdown of the Arts, 4) obtain positive information for public relations, i.e.,
news releases, and 5) attend school meetings, as may be required.
B. DELRAY BEACH PRIVATE SCHOOLS: Each Education Board member shall
serve as a liaison to a private school located in Dekay Beach. Responsibilities of the liaison
include: 1) coordinating~,~,,,~,.,~,,.~r:~ .... ~;,,., ~,,~;: .... School Showdown of the Arts and, 2) meet
periodically or call to determine if there are any needs or problems.
ARTICLE V- ABSENCES, RESIGNATION, VACANCIES:
A. ABSENCES: If any regular Board member fails to attend three (3) consecutive
regular meetings, the member's office shall be deemed vacant and the City Commission shall
promptly fill such vacancy. The Board member may appeal the decision and reapply in writing
to the City Commission.
B. RESIGNATION: Except as otherwise provided in Paragraph 1, above, of this
Article V, a Board member may resign from the Board by filing a written statement of
resignation with the Clerk of the City.
C. VACANCY: Vacancies on the Board shall be filled pursuant to Section 32.10 of
the City Code of Ordinances, as amended.
ARTICLE VI- PARLL4,MENTARY PROCEDURE:
Roberts Rules of Order shall be the final authority on all questions of parliamentary
procedure.
ARTICLE VII - AMENDMENTS f EFFECTIVE DATE:
A. These Rules may be amended by a concurring vote of 50% + 1 of filled re .eular
member positions of the Board recommending such amendment to City Commission; provided,
however, that the proposed amendment(s) has/have been presented in writing to the Board at
least three (3) days prior to its adoption.
B. Prior to any such amendment becoming effective, it must first be approved by the
City Commission. ,
C. These Rules shall be reviewed by the Board not less than every two (2) years.
D. These Rules shall become effective fifteen (15) days following their approval by
City Commission.
These Rules are hereby adopted by the Education Board this day of
., 2000.
Chair, Education Board
Approved by City Commission this day of
.,2000.
City of Dekay Beach, Florida
ATTEST:
David W. Schmidt, Mayor
City Clerk
TO:
THRU:
FROM:
SUBJECT:
DA/V4)D T. HARDEN, CITY MANAGER
AND ZONING DIRECTOR
MEETING OF JULY 25, 2000
AMENDMENT TO THE CITY'S CODE OF ORDINANCES SECTIONS
32.26-32.30 CITY OF DELRAY BEACH EDUCATION BOARD
At the workshop meeting of June 13, 2000, the City Commission discussed changes to
the Education Board's Composition, Duties and Responsibilities. The City Commission
was supportive of increasing the Board's membership from 7 regular members and 2
student members to up to 12 regular members and 2 student members. The attached
amendment provides for an 11-member board, as it would be more appropriate for
voting purposes. Other modifications to the ordinance include the preparation of an
annual "State of the Schools" presentation instead of a report, and changing the name
of the Education Expo to School Showdown of the Arts. In addition to the above,
Section 32.29(H) of the Code of Ordinances is being changed to broaden the Education
Board's comments to the City Commission. By monitoring the School Board of Palm
Beach County's 5-year Capital Improvement Plan, comments will be provided on not
only racial balance issues, but such items as the siting of new schools, bussing,
attendance boundary changes, and funding issues. The Rules of the City of Delray
Beach Education Board must also be modified to be consistent with the changes to the
Code of Ordinances. Action on that item will coincide with the second reading of
Ordinance.
At its meeting of July 17, 2000, the Education Board discussed the changes to the Code
of Ordinances and the Rules of the Education Board and unanimously recommended to
the City Commission approval of the changes.
Approve upon the first reading the attached amendments to the Code of Ordinance
Section 32.26 - 32.30 Education Board, and set a public hearing date of August 15,
2000.
Attachments: Ordinance by Others