Ord 40-03ORDINANCE NO. 40-03
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 32, 'DEPARTMENTS, BOARDS AND
COMMISSIONS; SUBHEADING, '5ADVISORY BOARDS
AND COMMITTEES; SECTION 32.08, 'StENGTH OF
TERMS; RESTRICTIONS; SUBSECTION (E), TO PROVIDE
FOR AN ADDITIONAL EXCEPTION TO THE
PROHIBITION ON CONCURRENT SERVICE ON
ADVISORY BOARDS OR COMMITt'PSES, ALLOWING
MEMBERS TO SERVE ON AN ADVISORY BOARD AND
THE NEIGHBORHOOD ADVISORY COUNCIL AND TO
CORRECT GRAMMATICAL ERRORS; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Dekay Beach, Florida, desires to make an
exception to the prohibition on serving on two boards at the same lime to facilitate broader
representation on the Neighborhood Advisory Council; and
WHEREAS, the City Commission finds that the Neighborhood Advisory Council does not
exercise the Cites sovereign power and thus members of boards exercising the sovereign power of
the City as well as board members on boards that do not exercise the sovereign power may also sit,
if appointed, on the Neighborhood Advisory Council.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA:
Section 1. That Chapter 32, '~partments, Boards and Commissiong; Subheading
'~xlvisory Boards and Committeeg; Section 32.08,'Length of Terms; RestrictionS', is hereby amended
by amending subsection (E) to read as follows:
SECTION 32.08 LENGTH OF TERMS: RESTRICTIONS.
No member of any advisory board or committee may concurrently serve on
another advisory board or C--~_ommittee. However, this prohibition shall not apply if an
ordinance and/or resolution expressly provides that the membership of an advisory board or
Gfiommittee includes, as part of its membership, the member(s) of another specifically
named advisory board or C-~_ommittee and the prohibition will not apply to any person who
is a member of an advisory board or committee and also is appointed to serve on the
N~ighborhood Advisory. Council. In such a case, a member of the specifically named
advisory board or g~ommittee is eligible to serve on two (2) or more advisory boards or
G~_ommittees. Notwithstanding the foregoing, a member may serve on more than one task
force or ad hoc C-_committee or may serve as an advisory board or C-c_ommittee member and
a member of a task force or ad hoc G_committee without being expressly provided for by an
enacting ordinance or resolution. Ddual memberships, where allowed herein, shall not be
allowed ff prohibited by Florida Law or the Florida Constitution.
Section 2. That should any section or provision of this ordinance or any pordon
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 all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED ~4D~AJ>O .P~D in reg r session on second and final reading on this the
day of (.J&~hl.Z/,t,~ .2003.
ATI'EST:
CITY CLERK
First Reading ~
Second Reading
2 ORD. NO. 40-03
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~O~-. - REGULAR MEETING OF QCTQBER 21, 20021
ORDINANCE NO. 40-03 (AMENDING CHAPTER 32. "DEPARTMENTS.
BOARDS AND COMMISSIONS")
OCTOBER 17, 2003
This ordinance is before Commission for second reading to amend Chapter 32, "Departments,
Boards and Commissions" of the City Code of Ordinances by amending Section 32.08 "Length of
Terms; Restrictions", Subsection (E) to allow a member of a City Board to also serve on the
Neighborhood Advisory Council.
At the first reading on October 7, 2003, the Commission passed Ordinance No. 40-03.
Recommend approval of Ordinance No. 40-03 on second and final reading.
S:\City Clerk\agenda memos. Ord 40.03 Departments, Boards and c°rntmssions 10.21.03
[IT¥ OF OELRflY BEI:I[H
CiTY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278~4755
Writer's Direct Line: 561/243-7091
pE, L~Y, B,EAoCH~
1993
DATE:
TO:
October 2, 2003
City Commission
MEMORANDUM
FROM: Susan A. Ruby, City Attorney
SUBJECT: Ordinance No. 40-03 Allowing Service on the Neighborhood
Advisory Council and Other City Boards
This ordinance, if adopted, would allow a member of a City Board to also serve on
the Neighborhood Advisor Council.
By copy of this ordinance to David Harden, please place on the October 7, 2003
agenda for consideration.
Attachment
Cc:
David T. Harden, City Manager
Carolanne Kucmerowski, Agenda Coordinator
Lula Butler, Director of Community Improvement
Janet Meeks, Education Coordinator
Paul Dorling, Planning & Zoning Director
ORDINANCE NO. 40-03
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 32,
"DEPARTMENTS, BOARDS AND COMMISSIONS",
SUBHEADING, "ADVISORY BOARDS AND COMMITTEES",
SECTION 32.08, "LENGTH OF TERMS; RESTRICTIONS",
SUBSECTION (E), TO PROVIDE FOR AN ADDITIONAL
EXCEPTION TO THE PROHIBITION ON CONCURRENT
SERVICE ON ADVISORY BOARDS OR COMMITTEES,
ALLOWING MEMBERS TO SERVE ON AN ADVISORY BOARD
AND THE NEIGHBORHOOD ADVISORY COUNCIL AND TO
CORRECT GRAMMATICAL ERRORS; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to make an
exception to the prohibition on serving on two boards at the same time to facilitate broader
representation on the Neighborhood Advisory Council; and
WHEREAS, the City Commission finds that the Neighborhood Advisory Council does not
exercise the City's sovereign power and thus members of boards exercising the sovereign power
of the City as well as board members on boards that do not exercise the sovereign power may
also sit, if appointed, on the Neighborhood Advisory Council.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA:
Section 1. That Chapter 32, "Departments, Boards and Commissions", Subheading
"Advisory Boards and Committees", Section 32.08, "Length of Terms; Restrictions", is hereby
amended by amending subsection (E) to read as follows:
SECTION 32.08 LENGTH OF TERMS; RESTRICTIONS.
(E) No member of any advisory board or committee may concurrently serve on
another advisory board or C_committee. However, this prohibition shall not apply if an
ordinance and/or resolution expressly provides that the membership of an advisory board
or C_committee includes, as part of its membership, the member(s) of another specifically
named advisory board or Gcommittee and the prohibition will not apply to any person who
is a member of an advisory board or committee and also is appointed to serve on the
Neiqhborhood ^dvisory Council. In such a case, a member of the specifically named
advisory board or (;committee is eligible to serve on two (2) or more advisory boards or
G_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 G_committee member
and a member of a task force or ad hoc Gcommittee without being expressly provided for
by an enacting ordinance or resolution. Ddual memberships, where allowed herein, shall
not be allowed if prohibited by Florida Law or the Florida Constitution.
Section 2. 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 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,2003.
ATTEST:
MAYOR
CITY CLERK
First Reading
Second Reading
2 ORD. NO. 40-03