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18-031 1 ORDINANCE NO. 18-031 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING PART H. "CODE OF ORDINANCES," CHAPTER 2, 5 "ADMINISTRATION," ARTICLE I, "IN GENERAL," SECTION 2-15 6 "LIMITATION ON BOARD MEMBER ADVOCACY AND 7 LOBBYING"; PROVIDING FOR DEFINITIONS; PROVIDNG FOR 8 PENALTY FOR VIOLATION; PROVIDING FOR CODIFICATION, 9 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE 10 11 WHEREAS, individuals who serve on City Boards by appointment of the City 12 Commission hold a trusted position which requires them to adhere to more stringent rules of 13 conduct and to avoid any appearance that a Board Member is using his or her position to 14 influence others to take or fail to take any action or to secure a special privilege, benefit, or 15 exemption for himself, herself, or any others; and 16 WHEREAS, the Commission finds that the benefits of limiting City Board Member's 17 right to speak at City Commission and Community Redevelopment Agency meetings 18 outweighs the rights of those Member's to speak as individuals on matters which come before 19 the Board on which the Member serves; and 20 WHEREAS, the City Commission deems it to be in the best interest of the citizens 21 and residents of the City to amend Part II, Chapter 2, Article 1, "In General", of the Code of 22 Ordinances, Section 2-16 to add sub-section (5) limiting Board Members from advocating or 23 lobbying on matters which have come or will come before the Board Member's Board. 24 25 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS: 27 28 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being 29 true and correct and are hereby made a part of this Ordinance. 30 31 Section 2. Part II, Chapter 2, "Administration" Article I, "In General," Section 2-15 is 32 hereby amended as follows: 33 34 Sec. 2-15 Limitation on Board Member advocacy and lobbying. 35 36 a) For purposes of this section the term "advocate" means to communicate without 37 economic consideration for the passage or defeat of any measure that comes before 38 the City Commission or CRA Board for approval. c:\users\stanzionet\desktop\limiting_board_member_advocacy_v2_(clean)=_ordinance.docx 39 40 b) For purposes of this section the terms "lobbying" and "lobbyist" have the same 41 meaning as set forth in the Palm Beach County Code of Ethics. 42 c) The prohibitions and penalties set forth in this section are supplemental to the 43 lobbying prohibitions and penalties set forth in the Palm Beach County Code of 44 Ethics. 45 d) A City Board Member may not advocate privately or publicly with a City staff 46 member, member of the City Administration, member of the City Commission or 47 the Commission as a whole, CRA staff member, member of the Community 48 Redevelopment Board or the CRA Board as a whole, for or against the interest of 49 an individual, partnership, corporation, or other business entity which has an 50 application, request, or any other matter pending for review or approval with the 51 City when the matter has come before the Board on which the Board Member sits 52 or it is reasonably foreseeable that the matter will come before the Board. 53 e) A Board Member may not speak at a City Commission meeting or CRA meeting 54 on any matter which has been before the Member's Board or is reasonably 55 expected to come before the Member's Board unless: 56 57 1. A Member of the City Commission requests that the Board Member 58 answer questions regarding the Board's action; or, 59 2. The Member's Board has voted in the affirmative to request that the 60 Board Member address the City Commission. 61 62 f) Violation of the rules set forth in this Section constitutes grounds for removal of a 63 Board Member by the City Commission, following notice and opportunity to be 64 heard. 65 g) A City Board Member is prohibited from acting as a lobbyist, as that term is 66 defined by the Palm Beach County Code of Ethics, if the subject of the Member's 67 lobbying activity may foreseeably be presented for consideration to a City advisory 68 board, the City Commissioners or CRA Board. 69 c:\users\stanzionet\desktop\limiting_board_member_advocacy_v2_(clean)_-_ordinance.docx 70 h) In addition to any penalties provided for in the Palm Beach County Code of Ethics 71 a violation of the prohibits set forth in this section is grounds for removal by the 72 City Commission of the Board member from the City Board(s) to which the Board 73 Member has been appointed. 74 75 Section 3. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions 76 in conflict herewith be and the same are hereby repealed to the extent of such conflict. 77 Section 4. If any clause, section,or other part or application of this Ordinance shall be 78 held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 79 or invalid part or application shall be considered as eliminated and so not affecting the validity of 80 the remaining portions or applications remaining in full force and effect. 81 Section 5. This Ordinance shall become effective on passage. 82 83 FIRST READING this 16th day of October, 2018. 84 85 SECOND, FINAL READING AND PASSAGE this NI"day of 86 dcto/'fes , 2018. 87 88 CITY OF BOYNTON BEACH, FLORIDA 89 90 YES NO 91 92 Mayor— Steven B. Grant 93 94 Vice Mayor—Christina L. Romelus 95 96 Commissioner—Mack McCray � ,�,>! 97 98 Commissioner—Justin Katz f` 99 100 Commissioner—Joe Casello 101 102 VOTE 103 ATTEST: • 104 • 105 p 106 t 107 Judith'. Pyle, CMC 108 City Clerk 109 110 (Corporate Seal) c:\users\stanzionet\desktop\limiting_board_member_advocacy_v2_(clean)__ordinance.docx