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10-009 , , I 1 ORDINANCE NO. 10- 009 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA AMENDING PART II, CHAPTER TWO I 5 ENTITLED "ADMINISTRATION," OF THE CITY OF 6 BOYNTON BEACH CODE OF ORDINANCES TO 7 CREATE A NEW ARTICLE XVIII; PROVIDING FOR 8 THE CREATION OF THE FINANCIAL ADVISORY 9 COMMITTEE; PROVIDING FOR THE PURPOSE AND 10 SCOPE OF DUTIES OF THE FINANCIAL ADVISORY 11 COMMITTEE; PROVIDING FOR FORMATION, 12 APPOINTMENT AND ORGANIZA TION OF THE 13 COMMITTEE; PROVIDING FOR APPOINTMENT OF 14 THE CHAIR AND VICE CHAIR OF THE COMMITTEE; 15 PROVIDING FOR CLARIFICATION OF POWERS 16 DELEGATED AND RESERVATION OF POWERS BY 17 THE CITY COMMISSION; PROVIDING FOR 18 CONFLICTS, SEVERABILITY, CODIFICA TION AND 19 AN EFFECTIVE DATE. 20 21 WHEREAS, the City Commission of the City of Boynton Beach, Florida desires to 22 establish a Finance Advisory Committee consisting of nine 9 members (seven (7) regular and 23 two (2) alternate members) to review the impact of legislative and administrative decisions on 24 the City budget, revenue sources and operational expenditures and make recommendations 25 that may favorably impact the City budget and overall financial condition; and 26 WHEREAS, the City Commission of the City of Boynton Beach, acting in the 27 interest of the citizens and taxpayers of the City amends the Code of Ordinances, Part II, 28 Chapter 2, to provide for a creation of a Financial Advisory Committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 31 Section 1. The foregoing whereas clauses are true and correct and are now ratified 32 and confirmed by the City Commission. 33 Section 2. That Part II, Chapter 2, of the Boynton Beach Code of Ordinances is S:ICAIOrdinances\Ordinance - Financial Advisory Board v3.doc 1 . ' I I hereby amended by creating Article XVIII, entitled "Financial Advisory Committee" to read 1 I ! 2 as follows: 3 ARTICLE XVIII: FINANCIAL ADVISORY COMMITTEE 4 Sec. 2-240 Creation of Committee 5 The City Commission hereby creates and establishes the Financial Advisory 6 Committee. 7 Sec. 2-241 Purpose and Duties 8 That Financial Advisory Committee shall have the general responsibility of reviewing 9 the impact of existing or proposed legislative and administrative decisions on the City 10 budget, revenue sources, and operational expenditures and make recommendations that 11 may favorably impact the City budget and overall financial condition of the City. By 12 way of example, but not limitation, the Financial Advisory Committee will be 13 responsible for reviewing and making recommendations on: 14 1. The City's proposed annual operating and capital budget. 15 2. Budget development systems and procedures. 16 3. Analyzing and recommending sources of revenues. 17 4. Employee salaries and benefits. 18 5. Pension and retirement benefits for City employees. 19 6. Operating expenses and controls. 20 7. Reducing or controlling debt service expenses. 21 8. Intra-fund transfers and loans. 22 The foregoing examples are not intended to limit the scope of financial review that the 23 City Commission may assign to the Committee from time to time. Specific tasks shall S:\CA\Ordinances\Ordinance - Financial Advisory Board v3.doc 2 . . r 1 be delineated by the City Commission by maiority vote. i Sec. 2-242 Ore:anization 2 ! 3 The Financial Advisory Committee shall consist of a total of seven (7) regular 4 members and two (2) alternate members each appointed by maiority vote of the City 5 Commission. 6 Sec. 2-243 Committee Appointment and Membership 7 (a) All members shall be residents of or own property in the City, own a 8 business within the City or be an officer director or manager of a business located 9 within the City. No member of the Committee shall serve on any other City Board or 10 Committee. 11 (b) At least five 5 of the regular members on the Committee shall have one 12 1 of the following qualifications 13 14 1. Certified Public Accountant 15 2. Accounting Professional 16 3. Finance Professional 17 4. Certified Financial Planner 18 5. Investment Advisor 19 6. Insurance Professional (property/casualty or health 20 7. Business Owner/Manager 21 8. MBA or MP A degree (with high levels of accountability/responsibilities with 22 budget and organizational oversight) 23 24 The remaining four (4) members may be at large. 25 26 (c) Staggered Terms for Committee Membership. The initial regular 27 members appointed will serve as follows: three (3) members shall be for a term of 28 three (3) years, two (2) members shall be for a term of two (2) years, and two (2) 29 members shall be for a term of one ( 1) year. Their successors shall be appointed for a S:\CA\Ordinances\Ordinance - Financial Advisory Board v3.doc 3 . , I 1 term of three (3) years. 2 (d) Reappointment, RemovaL Vacancy. All members may be reappointed, 3 without limitation as to the number of terms served. Members may, at the discretion of 4 the City Commission, be removed with or without cause. A member shall be removed 5 without action of the City Commission for missing more than four (4) meetings per 6 year. Members that have been removed for cause may not be reappointed for a period 7 of thirty-six (36) months. If there is a vacancy in the membership, the City 8 Commission shall appoint a new member to fill the vacancy. 9 (e) Privileges, Duties and Responsibilities. 10 (i) Privileges. Members will have voting privileges as set forth herein. 11 Members shall create and implement rules, policies and procedures necessary to 12 carry out the financial Advisory Committee's purpose, in conformance with the 13 provisions of the City's Code of Ordinances and State Law. 14 (ii) The City Commission shall vote to appoint a Chair, who shall preside 15 over the meetings of the Financial Advisory Committee, and also vote to 16 appoint a Vice-Chair who shall serve in the absence of the Chair. 17 (f) Alternate Members. Pursuant the City of Boynton Beach Code of 18 Ordinances, the City Commission shall appoint two alternate members. Alternate 19 members will serve to fill a temporary vacancy or permanent removal in the Financial 20 Advisory Committee. Alternate members shall be appointed in the same manner as 21 regular members, and shall meet the qualifications set forth for regular members. 22 When serving in their capacity as a alternate member, alternate members shall have the 23 same privileges, duties and responsibilities as a regular member, with the exception that S:\CA\Ordinances\Ordinance - Financial Advisory Board v3.doc 4 I 1 no alternate member may serve in a capacity as Chair or Vice-Chair, nor may any 2 alternate member be moved to a regular member unless appointed by the City 3 Commission pursuant to the procedure set forth herein. The alternate member's term of 4 membership shall run only through the term of the vacancy they have filled. 5 Sec. 2-244 Meetine:s 6 The Financial Advisory Committee shall arrange for an appropriate time and place for 7 meetings. 8 Sec. 2-245 Procedure for enactment and votine:. 9 All actions subiect to a vote shall be enacted as set forth below. 10 (a) Quorum. The financial Advisory Committee may not take any action 11 unless a quorum is present. A quorum shall consist of the physical presence of no less 12 than four (4) voting members of the Financial Advisory Committee. 13 (b) Voting. An affirmative vote ofa maiority of the voting members present 14 shall be required in order for the financial Advisory Committee to take any official 15 action. No voting by proxy is allowed. On final passage, the vote of each member of 16 the Financial Advisory Committee shall be entered on the official record kept for the 17 meeting. 18 Sec. 2-246 Powers 19 Nothing in this article shall be construed as restricting, curtailing any of the 20 powers of the City Commission, or the Charter powers of the City Manager, or as a 21 delegation to the Financial Advisory Committee of any of the authority or express or 22 discretionary powers vested and imposed by law in the City Commission. The City 23 Commission declares that the public interest, convenience and welfare required by the S:\CA\Ordinances\Ordinance - Financial Advisory Board v3.doc 5 I 1 I appointment of the financial Advisory Committee to act in a purely advisory capacity 2 to the City Commission for the purposes set forth in this article. Any power delegated 3 here to the Financial Advisory Committee to adopt rules and regulations shall not be 4 construed as a delegation of legislative authority, but purely a delegation of 5 administrative authority. 6 Section 3. All laws and ordinances applying to the City of Boynton Beach in 7 conflict with any provision of this ordinance are hereby repealed. 8 Section 4. Should any section or provision of this Ordinance or any portion 9 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 10 affect the remainder of this Ordinance. II Section 5. Authority is hereby given to codify this Ordinance. 12 Section 6. This Ordinance shall become effective immediately. 13 14 15 {REMAINDER OF PAGE INTENTIONALLY LEFT BLANK} S:ICA IOrdinanceslOrdinance - Financial Advisory Board v3.doc 6 . . I 1 FIRST READING this ~O"'Jay of lipriL-, 20 10. 1f\ 2 SECOND, FINAL READING AND PASSAGE this L day of~, 2010. 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 7 8 9 10 II 12 13 14 15 ~~ 16 17 18 Vice Mayor - Marlene Ross 19 ATTEST: 20 21 22 23 24 25 26 27 28 29 7