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Ord 07-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 32 , "DEPARTMENTS, BOARDS, AND COMMISSIONS", SUBHEADING "ADVISORY BOARDS AND COMMITTEES", SECTION 32.08, "LENGTH OF TERMS; RESTRICTIONS", BY REPEALING SUBSECTION (E), AND PROVIDING A NEW SUBSECTION (E), TO PROVIDE FOR A PROHIBITION ON SERVING ON TWO OR MORE BOARDS OR COMMITTEES CONCURRENTLY EXCEPT IN CERTAIN CIRCUMSTANCES, AND WHERE PROHIBITED BY STATE LAW OR THE FLORIDA CONSTITUTION; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission has determined that serving on two or more advisory boards or committees is prohibited unless an enacting ordinance or resolution expressly provides for membership on two or more specifically named advisory boards or committees; and WHEREAS, the City Commission desires to clarify its existing ordinance to reflect its determination that an exception to the limitation on serving on two boards concurrently is beneficial to the citizens of Delray Beach only when the authorizing ordinance or resolution authorizes such concurrent membership; and WHEREAS, the City Commission acknowledges that exceptions provided for in this ordinance are subject to Florida law and the Florida Constitution. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by repealing Chapter 32, "Departments, Boards, and Commissions", Subheading "Advisory Boards and Committees", Section 32.08, "Length of Terms; Restrictions", by repealing Subsection (E) and by enacting a new Subsection (E) to read as follows: (E) No member of any advisory board or committee may concurrently serve on another advisory board or committee. However, this prohibition shall not apply if an ordinance and/or resolution expressly provides that the membership of an advisory board or committee includes, as part of its membership, the member(s) of another specifically named advisory board or committee. In such a case, a member of the specifically named advisory board or committee is eligible to serve on two or more advisory boards or committees. Notwithstanding the foregoing, a member may serve on more than one task force or ad-hoc committee or may serve as an advisory board or committee member and a member of a task force or ad-hoc committee without being expressly provided for by an enacting ordinance or resolution. Dual memberships, where allowed herein, shall not be allowed if prohibited by Florida Law or the Florida Constitution. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 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 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 16th day of February , 1999. ' City C~erk ' First Reading February 2, 1999 Second Reading February 16, 1999 - 2 - Ord. No. 7-99 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM ~O.~ .- REGULAR MEETING OF FEBRUARY 16, 1999 ORDINANCE NO. 7-99 (CONCURRENT BOARD MEMBERSHIP) DATE: FEBRUARY 11, 1999 This is second reading and a public hearing for Ordinance No. 7-99 which amends Chapter 32, "Departments, Boards and Commissions", of the City Code in accordance with direction given by the City Commission at the January 19th regular meeting. It provides that serving on two or more advisory boards or committees is prohibited unless an enacting ordinance or resolution expressly provides for membership on two or more specifically named advisory boards or committees. Dual memberships so permitted, however, shall not be allowed if prohibited by Florida law or the Florida Constitution. At first reading on February 2, 1999, the Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 7-99 on second and final reading. ref:agmemol5 RECEIVED ~~, JAN 2 5 1999 I:ITY OF DELRI:IY BEI:I£H CITY ATTORNEY'S OFFICE ~oo ~ ,~, ^v~.~,.. ~,.,.~^~ .~^~., ~,.o~,~^ .., TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DI:£RAY BFACH Writer's Direct Line: 561/243-7091 Ali.America City 1993 TO: David T. Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Concurrent Board Membership Ordinance The attached is a revised ordinance discussed at the last meeting of the City Commission regarding concurrent board membership. Please advise if you require further changes. If not, please place the ordinance on the 2, 1999 Commission meeting for City Commission action. -- Attachment cc: Alison MacGregor Harty, City Clerk MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY lVlg2xlAGER~ SUBJECT: AGENDA ITEM I~.~ ~- REGULAR MEETING OF FEBRUARY 2, 1999 ORDINANCE NO. 7-99 (CONCURRENT BOARD MEMBERSHIP) DATE: JANUARY 29, 1999 This is first reading for Ordinance No. 7-99 which amends Chapter 32, "Departments, Boards and Commissions", of the City Code in accordance with direction given by the City Commission at the January 19th regular meeting. It provides that serving on two or more advisory boards or committees is prohibited unless an enacting ordinance or resolution expressly provides for membership on two or more specifically named advisory boards or committees. Dual memberships so permitted, however, shall not be allowed if prohibited by Florida law or the Florida Constitution. Recommend approval of Ordinance No. 7-99 on first reading. If passed, a public hearing will be scheduled for February 16, 1999. ref:agmemol5 ~ pm. ~ ~ESDAY, ~br~ 1~ (or ~ a~ ~n~on of su~ ~ng ~h ~ ~ ~ ~ Com~s- ~n), in ~ ~ ~mm~on C~- , ~nda, ~ ~h ~ ~ C~ ~ssion ~1 ~r ~ir ~0~ ~. ~ pro~ o~n~ M 8~ a.m a~ 5:~ pm. Mo~ ~ o~ ~,~ ~. FLORIDA. R~ONING ~D ~ING ~D P~SE~LY ZONED R-I~ (~S~DE~ ~ SINGLE FAM* IL~ DISTRICT IN ~E CF ~f~ ~CIUTIES) D[STRiCT~ ~ID ~ ~ING A ~RT~ON ~ T~ ST, ~CE~ ~RRER CHURCH P~OP- GEORGE BUSH BOU~ARD ~EN NE 8~ A~UE AND P~U ~L. ~ UORE PA~ICU- ~LY ~R~BED HEREIN. ~ENDING "ZONIN~ MAP OF DEL- VID NG A GENE~L ~USE, A ~WNG C~E ~ ~TI~ DA~. ' ~*~ ~0~ OF mE C~ O~ F~URE ~ND U~E ~P OESIG~A- TION FROM LD L~DENSi~ RES- ~L~IES - ~BLIC BUILD~NGSL ~O ZONING FROM R-1-A (S~NGLE F~ILY RESJDE~I~) DISTRICT TO ~ (COMMuN~ FACIL~IES) DIS- til. FOR A PARCEL. ~D ~D ON ~E ~ SIDE S.W. 2ND A~NUE B~EN ~ S~ AND S.W ~ ~ T~ S~E ~S MORE ~RLY ~SCRIBED HEREIN: E~* lNG TO PR~EED UNDER ~E S G~ H~RING ~O~ION ~ESS ~R SM~ S~E ~ND USE P~N ~[NDME~S: AND ~ENDING ~ONtNG MAP OF DELRAY ~CH ~ORIDA 1~*' ~OVIDING A ~NE~L REP~ER C~USE. A ~ViNG C~USE AND ~ ~ DA~. ~.1~ MI~ION ~ THE C~ OF ~L~Y ~H. FLORIDA. (C~NGING THE ~UR[ ~ND U~ ~ DESIGNA- TION FR~ ~ LOW ~NS ~JLffES * PUBLIC BUILDINGSL ~D R~ONING ~ R-1-A (SIN- G~ ~MILY RESID/~ AL) D~S- ~1~ TO Cr (COMMUN~ FAC L - TIES) DI~I~ ~R A ~RCEL ~D L~A~D ON ~E ~T .W. 2ND A~NUE . . ~H S~E~ AND SW ~ ~ ~E ~E IS MORE ~ICU~RLY DE~RIBED ~; E~ING TO PR~D ~ SING~ H~RI~ ~O~ION ~E P~N ~[NDME~S: ~D ~ENDtNG 'ZONING MAP ~ DEL- ~Y B~H, ~ORIDA, 1~'" ~O- ~DING A G/NE~ REaR ~U~, A ~VING C~SE, ~ E~CT~ DA~. ~ a~ ~ion ~ ~ ~m~on ~ ~ , s~ ~n ~ ~ to ~ ~ ~ and ~ ~ ~ ~m~ to ES. ~.01~. C~ ~ ~L~Y ~CH ~n ~or ~ ~9