13-017 1
2 ORDINANCE NO. 13 -017
3 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
4 BOYNTON BEACH, FLORIDA, REPEALING PART II, CHAPTER 2,
5 ARTICLE XVI, "VOTING BY BOARD MEMBERS" OF THE CITY'S
6 CODE OF ORDINANCES; AND REPEALING PART III, CHAPTER 1,
7 ARTICLE VII, ADMINISTRATIVE AND DECISION MAKING BODIES,
8 SECTION 1, "GENERAL" IN ITS ENTIRETY; PROVIDING FOR
9 CONFLICTS; SEVERABILITY; AND AN EFFECTIVE DATE.
10
11 1 WHEREAS, on November 7, 2012, the City Commission adopted Ordinance 12 -017
12 rescinding City Ordinance 11 -029 which required registration of lobbyists and electing to
13 regulate lobbying activity under the Palm Beach County Lobbyist Registration Ordinance; and
14 WHEREAS, Article XVI, Voting By Board Members was created by the City
15 Commission to require stricter voting requirements; and
16 WHEREAS, that section is no longer required since the City Commission is regulated
17 by the Palm Beach County Code of Ethics; and
18 WHEREAS, the City Commission finds the repeal of Part II, Chapter 2, Article XVI,
19 and Part III, Chapter 1, Article VII, Sec. 1 necessary to comply with the new Palm Beach
20 County Code of Ethics.
21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
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22 � THE CITY OF BOYNTON BEACH, FLORIDA THAT:
23 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed
24 ; as being true and correct, and are hereby incorporated herein and made a part hereof.
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25 1 Section 2. The City Commission of the City of Boynton Beach hereby repeals City
26 I Code of Ordinances, Part II, Chapter 2, Article XVI, Voting by Board Members.
27 See. 2 221. Short Title.
28 fhis article shall be . • - " - - - a.
11
1 (Ord -No. 06 085. § 2. 11 21 06)
2 •.
3 It is the into -. ° : ngthen the confidence of the city's citizens
4 -
6 that city officials do not participate in any decision in which his or he : . - -
7 41- —i;ced or materially affected by interests w hich would influence a reasonable person in
8 his or her decis
9 ( -(3 - No. 06 085, > 2. 11 21 06}
10 Sec. 2 223. Applicability.
11 - . . pply to all city hoards. including the • - - • _. . . •
12 advisory boards of the - - : , : .. - • - , .
13 provisions goy ermng \ otmg and disclosure requirements of state and local government
14 officials. Nothing in th•: . • . - • - - - _ - ., .
15 as it applies to the city s public officers
16 ( No. 06 085, § 2, 11 21 06)
17 Sec. 2 224. Definition
18 Boarcl incinher shal - - • - - . • - - - -
19 - - .• - - .. .
20 ,fgem shall mean a - •: • • . - d to act for o -in the place of a principal.
21 RHsines.s ussocioIe shall refer to anyone with w hom the hoard member shares in a busines
22 entetp
23 (•exit ei or ('onflici • - man any si-tuatien where the board member must
24 balance his of-her private interest with their official duties.
25 Do business' or Don - : . - • - to or to have participated in the past,
26 - stiation, or execution of any business transaction as a principal or agent.
27 Grff the term gift shall have the same meaning as set forth in F.S. ti 112.312 and shall
29
30 �- •. - 31 personal personal property. services, preferential treatment. discounted rate . . • -
32 r - -
33
34 -
35 recei. es a benefit accepted by another party on the board member's behal -I -the hoard member
38 business associate, or employee -
1 InIcre.st shall mean anything which ma) positiv el) or- negativcl) affect the board member's
2 -
3 commitment in his or her-p;
41 • • . • • -. • - • , • - - .
5 not) or its principal. agents. or employees
6 Relum•e shall have ° -- . . • - . ' . •• : • - -
7 ...� _
8 r in law: an •
9 (Ord No 06 085, § 2. 11 21 06)
10 Sec. 2 225. Abstention fr^-� • ^tin
11 (a) In addition to - - - - - • -- -
12 •.. ,. -• - -
13 any decision, ruling. or official act where -
14 — (1) The board member. their relative, agent. employee(s), employer, or business
15 associate has an inters, , • - - - . • ue upon which the hoard member will
16 vote.
17 (2) l'he board member or the hoard member's spouse works for a business, ��h�,ieh�= 11
18 heneiit from the issue t - . - • - - - - - .
19 — (3) fhe board member is a real estate broker or feal-estate agent and has provided
20 professional serams 4 •• - _ . ' - . - - - .
21 - s Abject of the board's re' ie .
22 (b) - -AA board member who is prohibited from voting must leave the dias following
23
24 herd - member w ho stet . . - s replaced with an alternate board member. if one is
26 (Ord. No- 06 085. § 2. 11 21 06)
27 . o f e ..fl e .,f -;.,t a t
i
28 . -
29 art+ete or F.S §1 12.313: -he board member. prior to the commencement of a- Meeting which
30 ••• : : _ - I in which a hoard member has a conflict. must disclose the conflict to
31 - . • 'i voting conflict ibrm and submitting it to the City Clerk,-omrrahe
32 l • , • - • -•
33 If-each-et-1;4k board men -
35
36 (h) - - , - .- - - - .�
37 - •
38 • - - . ' 'r the oral disclosure, a wri -tten memorandum disclosing the conflict
39 and the nature of the conflict shall he tiled with the person responsible for recording the-
I I
1 -..., .• - .,
2 1 oral disclosure was made The memorandum shall become a public record, shall immediately
3 - - - - - - - - -�.
4 — - • " • . ..
5 board member -1 a-ci -- . - - . . - . - -- - °
6 immediately upon notice, inform the other board members by p ' - • - 7 City Clerk in the -:Tangy manner as set forth above and disclose the conflict orally at the next
8 - c the hoard member shall orally explain the conflict and vvhv the hoar member
9 was not on notice of the conflict prior to the participating in the v ote. The remaining board
10
11 conflicting board mem-- . -
12 upon which the conflicting member vote=d.
13 - -No. 06 085, § 2. 11 21 06)
14 Scc. 2 227. Enforcement.
15 Any appointed boar. - - ' - - - - • - - -
16 remox ed from the hoar. . • • - - »ember serves by majority vote of the Cry -
17 Commission. Any elected public officer who violates this article shall also be subject to
18 censure by a majority ote of the remaining board members.
19 Secs. -2 228 2 229. Reserved
20
21 Section 3. The City of Boynton Beach hereby repeals Part III, Chapter 1, Article
22 VII, Administrative and Decision Making Bodies, Section 1, General in its entirety:
23 See. 1.- General.
24 - A. ( i of Ink . _ - _ • - - .
25 - '• Charter. City Commission, or Code of Ofdina- — . • .
28 - - . . ',•'her duties in the public interest. In addition. all members ofcy
29 - pliance w ith the provi -lions of City Code of Ordinances Part II.-
30
31 13. - . ' .- ,
32 any of , . 'appointed members-
33
34 Section 6. The appropriate members of the City staff are hereby authorized to take
35 any and all steps necessary to effectuate the intent of this Ordinance.
36 Section 7. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions
37 in conflict herewith be and the same are hereby repealed to the extent of such conflict.
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1 Section 8. If any clause, section, or other part or application of this Ordinance shall
2 be held by any court of competent jurisdiction to be unconstitutional or invalid, such
3 unconstitutional or invalid part or application shall be considered as eliminated and so not
4 affecting the validity of the remaining portions or applications remaining in full force and effect.
5 Section 9. This Ordinance shall become effective on immediately upon passage.
6 FIRST READING this 4 day of June 2013.
7 SECOND, FINAL READING AND PASSAGE this 18 day of June 2013.
8
9 CITY OF BOYNTON BEACH, FLORIDA
10
11 A. • ... 4 .. •
12 $ or - Je r T. yloo
13
14 G re
15 Vi e Ma or — Woo. ow L. Hay
16
17
18 Commissio -r — David T. e er
19 >.
20 � t/
21 Co missio• -r — •'ae 1 . Fitzpatrick
22
23 ,
24 ATTEST: Co missionerr Joe Casello
25 �^ 26 act:
27 Jan M. Prainito, MMC
28 • y Clerk
29 {- . Q
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30 (Co a
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