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19-95 ORDINANCE NO. 19-95 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, BY REPEALING SUBHEADING "REMOVAL OF MUNICIPAL BOARD OR COMMISSION MEMBERS", SECTIONS 32.15 THROUGH 32.19, INCLUSIVE, IN ITS ENTIRETY, AND ENACTING A NEW SUBHEADING, "REMOVAL OF MUNICIPAL BOARD, COMMITTEE OR COMMISSION MEMBERS", SECTIONS 32.15 THROUGH 32.20, INCLUSIVE, TO CLARIFY PROCEDURES FOR REMOVAL OF MEMBERS FROM ADVISORY BOARDS, COMMITTEES OR COMMISSIONS; AMENDING SECTION 2.2.1(F), "REMOVAL OF MEMBERS; VACANCIES", OF THE LAND DEVELOPMENT REGULATIONS TO PROVIDE THAT REMOVAL OF MEMBERS FROM A BOARD SHALL BE PURSUANT TO THE PROVISIONS OF CHAPTER 32; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City's Code of Ordinances at Chapter 32, Sections 32.16, "Grounds for Removal", Section 32.19, "Forfeiture of Office", and Land Development Regulations Section 2.2.1(F), "Removal of Members, Vacancies", provide for removal of members from advisory boards and commissions; and WHEREAS, as currently drafted, it is unclear whether these provisions conflict with the procedures required in Section 32.17, "Procedure", for removal from office; and WHEREAS, the City Commission of the City of Delray Beach desires to clarify and unify the provisions pertaining to removal of board, committee or commission members, especially that there will be an automatic forfeiture of office for failure to attend three consecutive regular meetings of a board, committee or 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", Subheading "Removal of Municipal Board or Commission Members", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby repealed in its entirety, and a new Subheading, "Removal of Municipal Board, Committee or Commission Members", is hereby enacted to read as follows: REMOVAL OF MUNICIPAL BOARD, COMMITTEE OR COMMISSION MEMBERS Section 32.15 DEFINITIONS. For the purposes of this section, the following definitions shall apply: "Member" shall mean any person who is a member of any of the regulatory or advisory boards, committees and commissions of the city, whether they are appointed by the City Commission or elected. "Abandonment of office" includes but is not necessarily limited to failure to attend three (3) consecutive regular meetings of a board, committee or commission. Section 32.16 APPLICATION. (A) A member of any city board, committee or commission appointed by the City Commission to serve on that board, committee or commission 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 board, committee or commission operating under the auspices of the city, whether created by Charter, special act, ordinance or resolution, except as provided in (B) below. (B) (1) The Code Enforcement Board shall be governed by Chapter 162.05(e) of the Florida Statutes which provides that if any member of a Code Enforcement Board fails to attend two of three successive meetings without cause and without prior approval of the chairman, the enforcement board shall declare the member'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 commissioner 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. - 2 - Ord. No. 19-95 (3) The Downtown Development Authority 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 member of the authority for good cause upon a vote of four-fifths (4/5) of its entire membership, authorizes 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 or 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 Florida Statutes 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 commissioner shall be removed only after the commissioner has been given a copy of the charges at least ten (10) days prior to the hearing 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. Section 32.17 GROUNDS FOR REMOVAL. In addition to such other grounds for the removal of members of a particular board, committee or commission as may be prescribed by law, any member may be removed by the City Commission for the violation of any provision of the Code of Ethics for Public Officers and Employees cited at Chapter 112 (Part III) of the Florida Statutes, conviction in any court for a violation of law involving moral turpitude, inefficiency, neglect of duty, conduct which renders the member ineffective in dealing with those members of the public interested in the work of the member's board, committee or commission, conduct which renders the member unfit to continue in office, malfeasance in the performance of official duties, or for any other just cause; or abandonment of office. - 3 - Ord. No. 19-95 Section 32.18 PROCEDURE. (A) 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 member of the City Commission, and shall specify the grounds for removal. (B) 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. The notice shall include a statement that the member has the right to request a hearing before the City Commission, and that the request for a 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 mail. (C) If the ground 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 either to remove, to suspend, to reprimand or to absolve the member. - 4 - Ord. No. 19-95 (E) Effective date of removals. (1) Except as provided in (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 hearing 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 later 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 ground 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 32.19 VOTE NECESSARY FOR REMOVAL. Removal of any member of a city board, committee or commission shall require four (4) votes of the City Commission, except in cases of abandonment of office which shall constitute an immediate forfeiture of office. Section 32.20 REAPPOINTMENT. Nothing contained herein shall prevent the City Commission from reappointing the city board, committee or commission member to fill the unexpired portion of the term if, upon good cause shown to the City Commission, that member has requested and demonstrated good cause for such reappointment. Section 2. That Chapter Two, "Administrative Provisions", Article 2.2, "Establishment of Boards Having Responsibilities For Land Development Regulations", Section 2.2.1, "General Provisions", Subsection 2 2 I(F), "Removal of Members Vacancies", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: - 5 - Ord. No. 19-95 (F) Removal of Members, Vacancies: (1) Members of a board ~ may be removed by the City Commission pursuant to the provisions of Chapter 32 of the Code of Ordinances. ~/~/~~ (2) Vacancies which occur because of resignation, removal, or expiration of a term shall be filled with a new appointment or reappointment pursuant to policies of the City Commission and requirements of Subsection (~)(1). Section 3. 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 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. ~ That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 4th day of April , 1995. ATTEST: ~City C~erk t First Reading March 21, 1995 Second Reading April 4, 1995 - 6 - Ord. No. 19-95 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~/~ SUBJECT: AGENDA ITEM # /O'S,r .MEETING OF APRIb 4, 1995 SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 19-95 REMOVAL OF MEMBERS FROM ADVISORY BOARDS AND COMMITTEES DATE: MARCH 30, 1995 This is second reading and public hearing for Ordinance No. 19-95 which amends Chapter 32 of the City Code by enacting revised provisions concerning attendance policy and removal procedures for members of advisory boards, committees and commissions. Among other things, the ordinance defines the failure to attend three consecutive regular meetings as "abandonment of office", constituting grounds for immediate removal by notice from the City Manager's office and with no further action of the City Commission required. The member may, however, request reappointment which is at the discretion of the Commission. In addition, for removal on grounds other than abandonment of office, a due process procedure is included. However, instead of a hearing before the Commission being mandatory, the member being removed is notified that he has the right to request a hearing before the Commission if he so desires. At first reading on March 21, 1995, the Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 19-95 on second and final reading. ref:agmemol6 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM ~ ~'~. - MEETING OF MARCH 21. 1995 FIRST READING FOR ORDINANCE NO. 19-95/REMOVAL OF MEMBERS FROM ADVISORY BOARDS AND COMMITTEES DATE: MARCH 16, 1995 This is first reading for Ordinance No. 19-95 which amends Chapter 32 of the City Code by enacting revised provisions concerning attendance policy and removal procedures for members of advisory boards, committees and commissions. Among other things, the ordinance defines the failure to attend three consecutive regular meetings as "abandonment of office", constituting grounds for immediate removal by notice from the City Manager's office and with no further action of the City Commission required. The member may, however, request reappointment which is at the discretion of the Commission. In addition, for removal on grounds other than abandonment of office, a due process procedure is included. However, instead of a hearing before the Commission being mandatory, the member being removed is notified that he has the right to request a hearing before the Commission if he so desires. A draft of this ordinance was reviewed at the March 14th workshop, with direction to proceed to first reading. One question that was not addressed was whether or not the three meeting rule would apply to consecutive regular meetings only or to any three meetings, including workshop and special sessions. Direction is requested from the Commission. If necessary, changes can be made prior to second reading. Recommend approval of Ordinance No. 19-95 on first reading, with direction on whether the three meeting rule will apply to any three consecutive meetings, or regular meetings only. If passed, a public hearing will be held on April 4, 1995. £1TY JIF i]ELRA¥ BEAgH CITY ATTORNEY'S OFFICE FACSIMILE 407/278-4755 ~e~ a ~ D~ec~ ~ DRaY B~CH (407) 243-7091 ~ ~ MEMO~~ 1993 TO: Anita Barba, Executive Assistant, City Clerk's Office FROM: Susan A. Ruby, City Attorney S~JECT: Attendance at Meetinqs Z reviewed your draft of a memorandum regarding attendance at meetings. I would suggest that the last sentence be deleted and new paragraphs be added to state: "The attendance rules outlined above do not apply to boards which have specific statutory requirements for removal from office. For example, the Code Enforcement Board is governed by Chapter 162 of the Florida Statutes which provides that if any member of a Code Enforcement Board fails to attend to two of three successive meetings without cause and without prior approval of the chairman, the Enforcement Board shall declare the member's office vacant and the City Commission shall promptly fill the vacancy. In addition, special rules other than those set forth in the body of the memorandum apply to the Community Redevelopment Agency, the Downtown Development Authority, and the Housing Authority. The Community Redevelopment Agency, governed by Florida Statutes Chapter 163.356(4), provides that the governing body may remove a Community Redevelopment Commissioner for inefficiency, neglect of duty, or misconduct in office, only after a hearing and only after a copy of the charges has been given to the member at least ten (10) days prior to the hearing. The Downtown Development Authority is 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 the member of the authority for good cause upon a vote of 4/5 of its entire membership. ~ Printed on Recycled Paper Anita Barba, Executive Assistant July 1, 1994 Page 2 authorizes removal after notice which specifies the charges, and after a hearing. Good cause in the special law is defined as willful neglect of duty, incompetence, or unfitness to perform one's duty or conviction of an offense involving moral turpitude. Members so removed .shall be entitled to review by the Circuit Court of the action taken. The Housing. Authority-is governed by Florida Statutes Chapter 421. Chapter 421.07 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 Commissioner shall be removed only after he has been given a copy of the charges at least ten (10) days prior to the hearing thereon'and after an opportunity to be heard." I am providing you with this information so that when you send the, "Attendance at Meetings" memorandum to the Chairpersons of all boards and committees that it is clear that certain boards and committees are governed by state statute or special acts as it relates to removal from office. 1 if you have any questions. ~c~l~son MacGregor Harry, City Clerk ~ho~, ]~N CODE (1) De~O~. For ~e ~~ ct' t~ ~on, ~e tb~o~g d~mitio'n~ sh~::apply: "Member" s~ m~ a member of ~y of ~e re~S~ or ad~so~- bo~& and "Ab~do~t of o~ce" in~u~ f~ure ~ at.nd 3 or more ~n~ve re~ mee~ of a b~ or commission. (2) App~on. ~e pro~io~ of ~s ~on sh~ app~ to members of ~1 bo~& and (3) G~unds for r~ov~. In a p~i~ bo~d or ~ssign ~ .~y ~ p~s~ by or~s.~, ~:memb~ may be remov~ by ~e d~ ~ for ~e ~olation of ~y pro.sion of the code of ethics or the v~oMtion of law in~lvi.~ mor~ t~itude; mlsfe~, no~~ or m~ce in the ~o~ of offici~ du~es; or ab~do~en~ of office. ,, (4) ~t~on of p~~ (a) ~ the ~e~ion ora upon the member ~u~t ~ ~ remove, which sh~ s~ the ~o~ds for' removE. ~e no~~ of~mov~ sh~ ~.p~p~d by the ci~ a~rn~ ~d si~ by the mayor, d~uty mayor or ~y memb~ of ~e d~ ~u~, ~d ~ by ~~ delive~ or by o~n~ fi~t ~s m~ ~ the member at his ad~s a~r~g to the r~r~ of ~ ~e ci~ cler~ Se~ sh~ ~ a~mp~hed a~ ~n ~ is pr~/~le ~r thc city ~un~ d~ ~ of the noti~ of ~mov~. ~Pt ~ ~ded ~ (4)~) ~Iow, the no~ ~ ~Ude a ~tm~t t~t the mem~ h~ the'~ght W r~t a h~ing ~fo~ ~e 5~ ~uncfl, ~d t~t'~e r~u~t for a h~g:mu~ ~ ~iv~ by the city cl~k on or ~fo~ a ~ ~ ~ ~~ in the noti~ which sh~l be 7 'days f~m the da~ of ~ce ff the noti~ is ~rson~ ~, or 10 :d~s from the d~ of m~ng if the no~e ~) If ~e ~o~d for remove is ab~do~ent of office, the noti~ of.remOVe, sh~ not ~ include ~e s~ent that ~e member h~ the ~ght'~ ~est a he~g.b~ore the d~ ~uncfl, In such ~, (5) ~low sh~ not be appH~ble, but the per~n removed m~ request r~p~h~tm~t at m~y' t~e. ~ ~ H~ de,ion of co~51~n' ~e t~ely r~uest of the mem~r ~r a being ~fure the ul~ ~un~, ~e ~n~ ~ set a date ~d time ~r'a h~g ~d ~ the ci~ clerk ~ ~ve' the member notice of the h~. At the being, the ~m~r'may pr~ent ~den~ ~d ~ent ~ to w~ he shoed not ~ remove. ~e member m~be rep~ented by le~ ~u~el, ~d ~ p~n~ sh~l ~ ~rd~ on ma~et~ ~pe by the d~ clerk. The ~ion of ~e co~ ~y ~ ei~r W ~ove, ~ sus~nd, W r~r!mand or to 'absolve the 166 FEB-16-1995 11:01 FROM CITY OF BOCA RATON TO 92433??4 P.02 ADlVIINISTRATION § 2-51 ~Y(~) Effective date of removals. (~ Except as provided in (6)(h) 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 council, or any later date which the city council may provide, ~n~ess the member timely requests a hearin~ before the city council. If the member timelY, reque~ a hearing, and if the city council decides to. remove the member u~xm the conclusion of the hearing, the removal shall take effect immediately unless the city council specifies a later date. If a member timely requests a hearing but withdraws the reques~ prior to the hearing, the effective date shall be the date on which the request is withdrawn. lb) If the ground for removal is abandonment of office, the removal shall take effect ~mmecli&tely, or on any laser cite which the c~ty council rn~y (Code 1966, §§ Croa~ references-Con, unity appearance board, § 2.126 et s~.; commu~ty relations beard, § 2-151 et seq.; environmental advisory be~rct, § 2.171 et seq.; elect~on board, § contractors' board, § 8-116 et seq.; builders' board of ~djustment and appeals, § 19-61 et seq.; zoning board of adjustment, § 28-126 et seq.; historic preservation board, § 25-228 ~t State' law reference-Removal of certain board members, F.~. § 112.5(]1. Sec, ~-~[9. List of volunteers. · '/~-~'~ The city m~nager shall prepare and ~n~,~in a list of volunteers comprising those persons who have indicated an intention and willingness to serve ss members of city boards and comrrdssions ifapp~nted by the city council for such purpose. Any preference of the velunteers to serve on a particular board or commission shall be so stated, The list shall be kept current ancl ~ ~ailable to the memBer~ of the city ~o~.~.~1 ~,c r~l~..~,~. (Code 1966, § All vacancies in the membership of any appointive city board or commission shall be o~nnour~ccd by thc city manc~-cr bY po~ng ~ notice ortho ~ne at a l~ublic plac~ in the city hail and by publishing a copy thereof in a newspaper of genera[ circulation in the city 1 tflne not less than ~ days prior to the date at which the city council interviews candidates to [ill any such vacancies. (Code 1966, § Sec. 9-.51. Procedure for appointment and fillln~ ¥~canc~es; qualL~cations for mem- bershlp of boards and commissions, (1) Except as otherwise provide~. ~u this Code, appointments on boards and comn~ssions shall bo tided by thc city council fn accordance with the fonowing procedure: (~ The c~ty council may interview board and commission members who desire reappoint- merit, ~olunteers from the city ma~.~_~ger'$ list ~nd persons then in attenclance re- .,'~-~ ~arding the vacancy to be filled. 167 TOTAL P.02