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1 ORDINANCE NO. 10- 009
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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.
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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
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I hereby amended by creating Article XVIII, entitled "Financial Advisory Committee" to read
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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
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1 be delineated by the City Commission by maiority vote.
i Sec. 2-242 Ore:anization
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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
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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)
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24 The remaining four (4) members may be at large.
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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
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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
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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
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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.
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1 FIRST READING this ~O"'Jay of lipriL-, 20 10.
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2 SECOND, FINAL READING AND PASSAGE this L day of~, 2010.
3 CITY OF BOYNTON BEACH, FLORIDA
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18 Vice Mayor - Marlene Ross
19 ATTEST:
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