18-019 6.
1 ORDINANCE NO. 18-019 r
2 ,,,i D�
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, f
4 AMENDING PART II. "CODE OF ORDINANCES," CHAPTER 2,
5 "ADMINISTRATION," ARTICLE I, "IN GENERAL," SECTION 2-16 BY
6 CREATING A NEW SUB-SECTION (5) PROHIBITING BOARD
7 MEMBER LOBBYING; PROVIDING FOR DEFINITIONS,
8 CODIFICATION, CONFLICTS, SEVERABILITY, AND AN EFFECTIVE
9 DATE
10
11 WHEREAS from time to time the City's staff reviews its Code of Ordinances to
12 determine whether such ordinances may be made more efficie and
13 WHEREAS, upon the recommendation of staff, the y Commission deems it to
14 be in the best interest of the citizens and residents of the ' ityto amend Part II, Chapter 2,
15 Article 1, "In General", of the Code of Ordinances, Se,tion'2-16 to add sub-section(5)
16 prohibiting board members from lobbying.
17 NOW THEREFORE,BE IT RESOLVED B THE CITY COMMISSION
18 OF THE CITY OF BOYNTON BEACH,FLORIDA, S FOLLOWS:
19
20 Section 1. The foregoing "Whereas" clause are hereby ratifi and confirmed as
21 being true and correct and are hereby made a part a f this Ordinance.
22
23 Section 2. Part II, Chapter 2, "Administration" Article I, "In Gen ral," Section 2-
24 16 is hereby amended by creating a new sub-p.,agraph(5)to read as fo ows:
25
26 Sec. 2-16. City boards and commissions; mi mum qualifications for appointment,
27 membership.
28 (a) In order to qualify for appointment o and to serve as a member of any board or
29 committee of the city, an individual must •- an elector of Palm Beach County, Florida.
30 (b) In selecting individuals to serve o boards and committees of the city, preference
31 shall be given to individuals who are re.idents of the City of Boynton Beach, provided
32 however, that non-residents who own . d operate businesses located within the city may
33 also qualify for appointment provided hey possess qualifications or experience uniquely
34 suited to deal with the subject matt: over which the board or committee has subject
35 matter review or power.
36 (c) No currently serving member of any board or committee shall be disqualified for
37 falling to meet the minimum qualifications set forth in this section. However, at the
38 expiration of the term of each current board of committee member, the vacancy created
39 by that expiring term shall be filled with an individual qualified in accordance with the
40 provisions of this section.
1
1 (d) Notwithstanding any other provision of city code or procedural rule, no alternate
2 member of any city board may serve in the capacity of its Chairperson, Vice Chair, Chair
3 Pro-Tem, or hold any other office on said board.
4 (e) No alternate member may be moved to a regular member of the Board unless
5 appointed by the City Commission.
6 (f) When a member of any Board, with the exception of those Boards that have
7 regularly scheduled meetings more than once a month, has missed three regular monthly
8 meetings for any reason within one annual board term, that member will be notified that
9 one additional absenc will cause his/her Board membership to be terminated and a
10 replacement will be a ointed at the time of the nem . .sence. Those boards that have
11 regularly scheduled r i etings more than once a , on shall be permitted to have six
12 absences during any . e annual board term. Th- seven absence shall result in removal
13 from the board.
14 (g) No person s . 1 e appointed to a Ci :oard w' hout the person first submitting an
15 application for ap.oin ent. No applicat'.n for app.lntment shall be considered by the
16 City Commission til the application .rm has bee fully completed and signed by the
17 applicant. All ap. icati ns for appoint ent to a City Board shall be on a form authorized
18 by the City Co issio . The City erk shall rev'-w all applications for completeness
19 prior to submitti g them o the City t ommissioners or consideration.
20 (1) Prior to appointment, a Ci Commissione may request written confirmation of
21 the qualifications listed by any applicant for appointment. 'When a request for
22 confirmation o' the qualifications is made by a Cit Commissioner prior to appointment,
23 the appointme t shall be delayed until the informai'on requested is submitted and made
24 available to th0members of the City Commission. o person shall be appointed to a City
25 Board when /that person is unable to substantiate the qualifications listed on their
26 application.
27 (2) A ember of the City Commission may request written confirmation of
28 qualification of a person who has been appointed by the Commission to a City Board. A
29 request for 9onfirmation shall be made by the City Commissioner to the City Clerk. The
30 City Clerk hall make written request to the Board member. A copy of the Clerk's written
31 request sha 1 be provided to all members of the City Commission.
32 (3) E cept as otherwise provided by law, a Board member who does not submit
33 document tion of the qualifications listed on the Board member's application for
34 appoint nt within thirty (30) days of receipt of the Clerk's written request, or who
35 submits ocumentation which contradicts, negates, or fails to substantiate the information
36 listed o the Board member's application shall automatically be removed from their
37 Board osition.
38 (4) A person who is removed from a City Board pursuant to the procedures set forth
39 in this section shall not be subject to reappointment to any City Board for a period of
40 thirty-six (36) months.
41 (i) The City Commission shall fill vacancies on city boards by making appointments
42 in December following the city's November commission elections, commencing with the
43 City Commission election of November, 2007. To the extent necessary to transition from
44 April to November appointment, the term of office for any board appointee which would
45 expire in April, 2008 or any April thereafter shall instead expire in the preceding
46 November.
2
1 moms.
1
2 (5) No Board Member shall lobby or otherwise advocate privately or publicly with
3 City staff member, member of the City Administration, member of the City
4 Commission or the Commission as a whole,— member of the Community
5 Redevelopment Board or the CRA Board as a whol , for or against the interest of an
6 individual, partnership, corporation, or other usiness entity which has an
7 application, request, or any other matter pendin for review or approval with the
8 City. No Board Member shall speak at City Com ission or CRA Board meeting on
9 any matter which has been before the Board on w ich the Board Member serves.
10
11
12 Section 3. All Ordinances' or parts of Ordinances, Resolutions or parts of
13 Resolutions in conflict herewith be and the same are hereby repealed to the extent of such
14 conflict.
15
16 Section 4. If any clau , section, or othe part or application of this Ordinance
17 shall be held by any court of co petent jurisdiction o be unconstitutional or invalid, such
18 unconstitutional or invalid part r application shall b- considered as eliminated and so not
19 affecting the validity of the re aining portions or apelications remaining in full force and
20 effect.
21
3
1
2 Section 5. This Ordinance shall become eff Qtive on passage.
3
4 FIRST READING this 7th day of gust, 2018.
5
6 SECOND, FINAL READING ND PA SAGE this day of
7 , 2018.
8
9 ,CITY OF B U YNTON BEACH, FLORIDA
10
11 YES NO
12
13 Mayor—Ste en B. Grant _
14
15 Vice Mayor Christina L. Romelus
16
17 l Commissioner— Mack McCray
18
19 Commissioner—Justin Katz
20
21 Commissioner—Jo- . -110 _
22
23
24 VOTE
25 ATTEST:
26
27
28
29 Judith A. Pyle, CMC
30 City Clerk
31
32
33
34
35
36
37 (Corp ate Seal)
4