04-006 II
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES TO ADD
5 AN NEW ARTICLE XI1 ENTITLED QUASI-JUDICIAL Be
6 ESTABLISHING A PROCEDURE FOR CREATB
7 CONSOLIDATION AND ABOLISHMENT OF
8 BOARDS; APPOINTMENT OF MEMBERS TO
9 BOARDS, BOARD DUTIES AND RESPONSIBILITIES, OF
10 BOARD MEMBERS; PROVIDING FOR ETS,
11 SEVERABILITY, CODIFICATION AND AN EFFECTP DATE.
12
13 WHEREAS, the City Commission of the City of Bo Beach, Florida, desires to
14 a written procedure for appointment of quasi-judicial outlining Board duties
15 responsibilities, qualifications, terms of service, and ethical conduct
16 ;overning the appointees in the performance of their de duties; and
17
18 WHEREAS, this Ordinance will serve as reference guide for all those in
19 the Commission and the public has placed trust; and
20
21 WHEREAS, the City Commission City of Boynton Beach has determined that
22 enactment of this Ordinance is in the interests of the citizens of the City of Boynton
23 protects the integrity of City t, fosters public confidence in the actions of
-4 Ihe City, and will assist in ensuringthe City's elected and appointed officials abide by the
5 ethical standards; and
_6
27 NOW, IT ORDAINED by the City Commission of the City of
28 Beach, Florida, as
29
30 Section 1. foregoing whereas clauses are true and correct and are now ratified
31 confirmed b City Commission.
32 2. That Chapter 2. Administration is hereby amended by adding a new
33 entitled "Quasi-Judicial Boards", as follows:
34
35 XII. QUASI-JUDICIAL BOARDS
36
37 2-160 Authority of Commission
~ ///~ IExcept as otherwise provided by law, the City Commission ,m, ay, by,,ordinance, create,
40 ,// ] I~modify, consolidate, or abolish quasi-judicial Boards (hereinafter Boards ) to assist the City
41// I ICommission in exercising the powers granted to the Commission by the Municipal Hom~
42 Rule Powers Act.
43
~ 2-161 Chair and Vice-Chair
46
x..~_,~'~ctta ~t- t-I--- 1 _ . , ~ · · .
~ ............. , ..... ,~ ,,~t ct~mm~ssJon mc'c'tmg in M.m~h of each year, commencing
47 ~h 2004, shall appoint the Chair and Vice-Chair of all Boards. The term of appointment
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OS1
1 the p 'ti,o~ .~,f, Chair or Vice Chair of a Board is one (1) year commencin first
2 Al~il following appointment. Board members may be appointed to
3 as Chair or Vice Chair, not to exceed three (3) consecutive terms.
4
5 Cha}v or Vice Cha~. f a Board may be remov~e.&as Chair or Vice prior to the
6 ~fi[~n of hi,s/h, er~p~..p.o, intment by majority vo. gte/of the Commissic removal of the
7 or Vice-~af~ shall have no effect o~status as an appoir of the Board.
8 -
9 2-162 Ratification of Existing Boards
10
11 powers and duties of the following quasi-judicial which exist on the date of
12 it of this ordinance, are hereby ratified:
13
of Board Date Created Enacting Number of
Members
9/18/79 79-28 Regular: 7
t Alternates: 2
~ 10/20/87 Regular: 5
It Alternates: 1
Board 3/16/76 i-11 Regular: 7
Adjustment & Alternates: 2
~eal
and 1/19/71 71-1 Regular: 7
~ment Alternates: 2
14 ~
15
16 2-163 Qualification Board Appointment
17
18 when otherwise es by state statute, the City Commission shall determine the
19 ualifications necessary serve on City Boards.
20
21 2-164 A
22
23 of the Commission, on a rotating basis, shall nominate Board Members for
24 ~ointment. If member of the Commission makes no objection to the appointment, the
25 shall deemed appointed by consensus. If an objection is raised, a separate voice
26 vote shall be uired to make the appointment.
27
28 2-165 Removal of Board Members
29
30 members appointed to Boards that are created by general law, special act, or City
31 :harter, may be removed or suspended in accordance with the procedures set forth in
32 112.501, Florida Statutes.
33
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-judicial boards 020604.doc
1 other Board members are subject to removal or suspension, with or without statement of
2 :ause, by majority vote of the City Commission.
3
4 2-166 Absenteeism and Resignation
5
6 Board member who is absent, for non-medical reason, from three (3) meetings in
7 year shall be deemed to have resigned his/her seat on the Board. Th, sion shall
8 Ihereafter declare and fill the vacancy for the balance of the Board term. A Board
9 who is replaced for reason of absenteeism may not qualify appointment to any
10 Board for a period of twelve (12) months from declaration of v A Board member
11 is unable to attend a meeting for medical reasons shall City Clerk's office of
12 the member's unavailability and the City Clerk's office sh in turn advise the Board
13 who shall announce the grounds for absence at of the Board
14 The Cji Commission may replace a Board who is absent, for medica~
15 from five (5) Board meetings in a year.
16
17 2-167 Limitation on Appointments
18
19 addition to the requirements of Sec 2-16 of the of Ordinances:
20
21 1. No person shall be appointed by the Cit' ssion to a City quasi-judicial Board
22 unless the person has filed, no less (10) days prior to the date of appointment,
23 an application for appointment with City Clerk as required in Sec 2-16(g) of the
:4 Code of Ordinances.
5 ~ ~v,'~ I~ c,~
,6 2. ~o City employee shall be ap :ed to or serve on a Board that conducts quasi-
27 judicial heatings.
28
29 3. No person may serve on one (1) quasi-judicial Board.
30
31 2-168 Rules of Proced
32
33 shall conduct their in accordance with Roberts Rules of Order. A Board,
34 tg approval by the C Commission, may use alternate or supplemental rules of
35
36
37 udicial hearings s be conducted in a manner consistent with law and which
38 all interested with the opportunity to offer testimony, evidence, and cross-
39 witness. All must testify under oath or affirmation.
40
41 2-169 Eth
42
43 Board subject to the standards of ethics for public officers set forth in Part
44 of Chapter 11: Statutes.
45
-6 SEI 2. Severability. Should any section, provision, paragraph, sentence, clause
· 7 word of ~ Ordinance or portion hereof be held or declared by any court of competent
48 urisdiction be unconstitutional or invalid, in part or application, it shall be considered as
3
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1 and shall not affect the validity of the remaining portions or of this
2 e.
3
4 SECTION 3. Conflicts. That all Ordinances or parts of Ordin Resolutions or
5 thereof in conflict herewith, be and the same are hereby the extent of such
6 :onflict.
7
8 SECTION 4. Codification. It is the intention of the Ci' ssion of the City of
9 Beach, that the provisions of this Ordinance shall bec~ and made a part of the Code
10 Ordinances of the City of Boynton Beach, Florida, and the Sections of this Ordinance
11 be renumbered, re-lettered and the word "Ordin. may be changed to "Section,"
12 "Article" or other word or phrase in order to accomplish s~ intention.
13
14 SECTION5. Effective Date. This Ordin~ shall become effective immediately
15 its passage and adoption.
16
17 FIRST READING this t'? day of 2004.
18 SECOND, FINAL READING AND this day of 2004.
19 ~
20
21 CITY OF BOYNTON BEACH, FLORIDA
22
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:4 Mayor
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27 Vice Mayor
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29
30 Commissioner
31
32
33 Commissioner
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35 Commissioner
3{5 ~.
37
38
39 Clerk
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42
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