Agenda 10-31-18 CITY OF BOYNTON BEACH
SPECIAL MEETING
DATE: Wednesday, October 31, 2018 TIME: 6:00 PM
PLACE: Intracoastal Park Clubhouse 2240 N. Federal Highway
1. AGENDA ITEMS
A. Call to Order - Mayor Steven B. Grant
I nvocation
Pledge of Allegiance to the Flag led by Commissioner Casello
Roll Call
Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
B. PROPOSED ORDINANCE NO. 18-031 - SECOND READING - City Commission to consider
amending Part 11, Chapter 2, Article I of the Code of Ordinances to create a new subsection
prohibiting board member advocacy and lobbying.
2. ADJOURN
The Board may only conduct public business after a quorum has been established. If
no quorum is established within twenty minutes of the noticed start time of the meeting
the City Clerk of her designee will so note the failure to establish a quorum and the
meeting shall be concluded. Board members may not participate further even when
purportedly acting in an informal capacity.
NOTICE
NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY
COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING,
HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH
PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES
WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL
OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE,
PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE
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CITY CLERK'S OFFICE, (561) 742-6060 OR (TTY) 1-800-955-8771, AT LEAST 48
HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO
REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS
MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE
CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA
AFTER IT IS PUBLISHED ON THE CITY'S WEB SITE CAN BE OBTAINED FROM
THE OFFICE OF THE CITY CLERK.
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1.A.
AGENDA ITEMS
10/31/2018
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
REQUESTED ACTION BY COMMISSION:
Call to Order- Mayor Steven B. Grant
I nvocation
Pledge of Allegiance to the Flag led by Commissioner Casello
Roll Call
Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
EXPLANATION OF REQUEST:
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES?
FISCAL IMPACT:
ALTERNATIVES:
STRATEGIC PLAN:
STRATEGIC PLAN APPLICATION:
CLIMATE ACTION:
CLIMATE ACTION DISCUSSION:
Is this a grant?
Grant Amount:
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1.B.
AGENDA ITEMS
10/31/2018
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 18-031 - SECOND
READING - City Commission to consider amending Part 11, Chapter 2, Article I of the Code of Ordinances
to create a new subsection prohibiting board member advocacy and lobbying.
EXPLANATION OF REQUEST:
Commissioner Casello requested to discuss the topic of prohibiting board members from engaging
in advocacy or lobbying City staff, City Commission, CRA Board on matters that come before that board that
the member serves. At the October 2, 2018 City Commission meeting the Commission directed that the
Ordinance be presented for consideration.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A
FISCAL IMPACT: None
ALTERNATIVES: Do not approve Ordinance
STRATEGIC PLAN:
STRATEGIC PLAN APPLICATION:
CLIMATE ACTION: No
CLIMATE ACTION DISCUSSION:
Is this a grant? No
Grant Amount:
ATTACHMENTS:
Type Description
D Ordinance Ordinance prohibiting board member lobbying
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I ORDINANCE NO. 18-031
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 AMENDING PART IL "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 11, 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.
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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
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53 ) A Board Member may not speak at a City Commission meeting or CRA
54 meeting 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 re2ardin2 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 e)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 b f)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 subiect 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
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70 ) In addition to any penalties provided for in the Palm Beach County Code
71 of Ethics,a violation of the prohibits set forth in this section is grounds for removal
72 by the City Commission of the Board member from the City Board(s)to which the
73 Board 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 day of
86 , 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
99
100 Commissioner—Joe Casello
101
102 VOTE
103 ATTEST:
104
105
106
107 Judith A. Pyle, CMC
108 City Clerk
109
110 (Corporate Seal)
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