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
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