55-80 ORDINANCE NO. 55-80
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, A£'~NDING CHAPTER 2 "ADMINISTRATION" BY
ADDING ARTICLE VII TO BE ENTITLED "REMOVAL OF MUNICIPAL
BOARD OR COMMISSION MEMBERS", PROVIDING THAT SUCH MEMBERS
APPOINTED FOR A FIXED TERM MAY BE REMOVED BY THE CITY
COUNCIL UPON FOUR AFFIRMATIVE VOTES FOR REMOVAL, AFTER
NOTICE AND HEARING, FOR INEFFICIENCY, NEGLECT OF DUTY AND
OTHER JUST CAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
WHERERAS, pursuant to the common law and Chapter 166 of the
Wlorida Statuettes known as the "Municips~ Ilom¢~ Rule Powers Ac'L", the City
Council has the power to remove municipal board or commission members
appointed for a fixed term for just cause; and,
WHEREAS, under the current City Charter and ordinances, there is
no specific provision for the exercise of this power generally applicable
to City boards or commissions; and,
WHEREAS, the City Council has determined that it is in the best
interest of the City to provide a procedure for the exercise of this
powe r,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 2 "Administration" of the Code of Ordi-
nances is hereby amended by adding Article VII to read as follows:
Article VII Removal of Municipal Board or Commission Members.
Sec. 1. Removal of Board or Commission Members. A member of
any City board or commission appointed by the City Council to
serve on such board or commission for a fixed term may be re-
moved during his or her term of office by the City Council in
accordance with the provisions of this ordinance. This ordi-
nance shall apply to any board or commission operating under
the auspices of the City of Delray Beach, whether created by
charter, special act, ordinance or resolution. If a removal
procedure is specified in other applicable provisions of law
concerning a specific board or commission, then the provisions
of this ordinance shall be cumulative to such other procedures.
Sec. 2. Grounds for Removal. Removal shall be proper for
inefficiency, neglect of duty (absence from three consecutive
meetings shall be prima face evidence of neglect of duty),
conduct which renders the member ineffective in dealing with
those members of tSe public interested in the work of the
member's board or commission, conduct which renders the member
unfit to continue in office, or for any other just cause.
Sec. 3. Procedure. No appointed member of any board or
commission shall be removed for cause except after notice and
opportunity to be heard by the City Council. Notice shall
consist of delivery to the member by hand, mail or other
reasonable means of: (a) A copy of charges signed by at least
one member of the City Council; (b) Notice of the date, time
and place of the hearing to be held on the charges. The
hearing shall be no earlier than seven days after delivery of
the charges, excluding the day on which delivery is made; (c)
Notice that the member may appear in person at the hearing and
or be represented by legal counsel or other representative as
the member chooses; and (d) Notice that the member will have
an opportunity to respond, to present evidence and argument on
all issues involved, and to conduct cross examination.
Sec. 4. Vote Necessary for Removal. Removal of any member
of a City board or commission shall require four votes of the
City Council.
Section 2. That should any section or provision of this ordi-
naDce 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 3. That this ordinance shall take effect immediately
.upon passage on Second and FINAL Reading and shall be applicable to con-
duct of any member oi~ a City boa~ o~ commission which occurred prior to
its passage.
PASSED AND ADOPTED in regular session on second and final reading
~on this the 14th day of October , 1980.
iATTEST: LEON M. WEEKES
· - y City Clerk
~First Reading . September 23, 1980
Second Reading October 14, 1980
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