Ord No. 31-17 -- --
ORDINANCE NO. 31-17
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 32,
"DEPARTMENTS, BOARDS AND COMMISSIONS OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SECTION 32.15, "DEFINITIONS"
BY REVISING THE DEFINITION OF A CITY BOARD,
SECTION 32.17, "GROUNDS FOR REMOVAL"; BY
PROVIDING FOR THE REMOVAL OF BOARD MEMBERS
WITHOUT CAUSE, REPEALING SECTION -32.18,
"PROCEDURE" AND READOPTING SAME, AS REVISED IN
ORDER TO AMEND THE GROUNDS FOR THE REMOVAL OF
BOARD MEMBERS; PROVIDING THAT EACH AND EVERY
OTHER SECTION AND SUBSECTION OF CHAPTER 32 SHALL
REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY
ADOPTED; PROVIDING A CONFLICTS CLAUSE, A
SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 1
PURPOSES.
WHEREAS, the City of Delray Beach desires to amend its Code of Ordinances relating to
the removal of appointed Members of City Boards; and
WHEREAS, the purpose of this Ordinance is to revise the City policy to provide that any
appointed Members of City Boards serve at the pleasure of the City Commission and may be
removed by a majority vote of the City Commission;and
WHEREAS, the City Commission finds that this ordinance serves a municipal purpose and
deems the amendment contained herein to be in the best interest of the health, safety and welfare of
the residents and citizens of Delray Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Chapter 32, "Departments, Boards and Commissions", Section 32.15,
"Definitions, of the Code of Ordinances of the City of Delray Beach, Florida,is hereby amended to
read as follows:
l
............... --. ---------
Sec. 32.15. - DEFINITIONS.
For the purposes of this Section,the following definitions shall apply:
Abandonment of Office. Includes,but is not necessarily limited to, failure to attend three
(3) consecutive regular meetings or any five (5) regular meetings evei! the eE)tWse Of
during the twelve (12) month period 11YlYYtediately preceding the
inost recent absence.
Cite Board Any of the Regulatory or Advisory Boards; and Committees
of the City.
Member. Any person who is a member of any City Board;whetherthey ai! appointed
by the City Commission ai•� .
Section 3. That Chapter 32, "Departments, Boards and Commissions", Section
32.17(B), "Grounds for Removal", of the Code of Ordinances of the City of Delray Beach, Florida,
is hereby amended to read as follows:
Sec. 32.17. - GROUNDS FOR REMOVAL OF CITY BOARD MEMBERS.
(A) Abandoivmnt of Office. Except as may be otherwise provided by law, special act or City
ordinance, in the event of Abandonment of Office by a Member of a City Board, a
notice of removal shall automatically be issued by the City Manager or designee. The
removal shall be effective as of the date of the notice.
(B) All City Board Members serve at the pleasure of the City Commission and may be
removed with or without cause at any time by a majority vote of the City
Commission, unless otherwise provided by the Charter or Florida Statutes. The-Ei�
Member (ii) -viek6en of-----Y-pf±--e-Flision E)f the appliesNe Statute, County ei! City ea
isaiseaxsr
�deiqaeaToi� i!ektedtothedtifies-ef a !..�
�,-�� �J awl n.,l., a
the eoffh-nission of a �M-1 G.L1V1
b Z7 , or felony. The �Y
2
ORD. NO. 31-17
..__....: .... .... ...__._.._ ---... --...__ .. ... _._ _.....---...
shall be td4ise,7 f t basis C,,.. bis
e« II,,. removal Vl. sttste-asiai pfavide
,
I
(C) The vacancy of a City Board Member shall be filled in
the same manner as the original 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, Florida,is hereby amended to
read as follows:
Sec. 32.18. - PROCEDURE.
(A) Notice of Removal. , A notice of
removal shall be served upon the City Board Member s-e,��who has
been removed upon the direction of a majority of the City Commission. The
notice of removal sha7ll be prepared by the City Attorney and signed by at
f
i-emav the Mayor, or the City Manager if so directed by the City
Commission. In the event of Abandonment of Office the notice of removal
shall automatically be issued by the City Manager, or designee.
(B) Service of Notice. The notice of removal shall be served 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
or, in the event of Abandonment of Office after the City Manager or
designee issues the notice of removal. The natice shclttdp a stateinefl(7) days fietn the date of ser-vke if the iiatiee is peesaft-11— t
I
of Offiee;
J
--efit at any tane.(D) Ded-J�fl of GO Gommiff ion.0
I
3
ORD. NO. 31-17
f
l
suspend,At the hea±iflg, the Meinbei! wiR ha-,,e aft opper-in —1Y to i!espo�ad, to
.
(E) Effective Date of Relvovals.
(1)
rRemoval of a City Board Member shall have be immediately effect
upon the vote of a majority of the City Commission. ,.czcr the
9
the h 7
is .iffid..
(2) In the event of Abandonment of
Office, the removal shall take effect immediately upon issuance of
the notice by the City Manager or his designee.
Section 5. 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 invalid.
Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 7. That this ordinance shall become effective immediately upon its passage on
second and final reading.
4
ORD. NO. 31-17
PASSED AND ADOPTED in regular session on second and final reading on this the 7th
day of September,2017.
ATTEST 11" A Y O R
City Clerk
First Reading:August 15,2017
Second Reading: &pts 2017
APPROVED AS TO FORM ANBD,
LEGAL SUM NCY„ .....
R. Oax Lo hma 1Att ney
5
ORD. NO. 31-17