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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2007-013Temp. Ord. #2140 May 3, 2007 May 9, 2007 Page 1 of 8 ORDINANCE NO. 0-2007- AN ORDINANCE OF THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 2, ARTICLE III OF THE TAMARAC CODE, ENTITLED BOARDS, COMMITTEES, COMMISSIONS, TO PROVIDE FOR THE PROCESS FOR APPOINTING INDIVIDUALS TO THE CITY'S ADVISORY BOARDS AND COMMITTEES; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Tamarac desires to encourage full participation by all individuals who are interested in serving on the City's various Advisory Boards and Committees; and WHEREAS, in order to ensure full participation, the City Commission desires to enact specific procedures by which individuals may apply to become members of a City Advisory Board or Committee, and procedures by which the City Commission appoints individuals to the City's Advisory Boards and Committees; and WHEREAS, in order to provide for a more streamlined process, the City Commission desires to implement a board appointment process which will allow the formulation of a list of nominees for each City Advisory Board and Committee which can be placed before the City Commission to be voted on by the City Commission in one motion, in compliance with Section 286.011, Florida Statutes, also known as the "Florida Sunshine Law"; and 1 Temp. Ord. #2140 May 3, 2007 May 9, 2007 Page 2 of 8 WHEREAS, the City Commission finds that a uniform application form and appointment process for the City's Advisory Boards and Committees is in the best interest of the welfare of the citizens and residents of the City of Tamarac. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: Section 1: The foregoing WHEREAS clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. Section 2: Section 2, Article III, of the City of Tamarac Code of Ordinances, entitled Boards, Committees, Commissions, be and the same is hereby amended to read as follows: 1. APPOINTMENT PROCESS FOR CITY ADVISORY BOARDS AND COMMITTEES. The City Commission shall adopt the following process for the appointment of regular members and alternate members to City Advisory Boards and Committees. With respect to any Advisory Board or Committee created after the adoption of this Code Section, the applicable resolution or ordinance shall specify whether the processes as stated in this Section applies to the appointment of Advisory Board or Committee members. 2. APPLICATION PROCESS. (A) The City Commission shall request that individuals who meet the qualification requirements for a specific Advisory Board and/or Committee submit an application for appointment to a specific Advisory Board. The City Clerk shall provide notice of the City Commission's request for applications for appointment to the City's Advisory Boards and Committees through notices posted at City Hall, on the City's web site, and in a local newspaper of general circulation. Temp. Ord. #2140 May 3, 2007 May 9, 2007 Page 3 of 8 (B) Once all applications are submitted, the City Clerk shall provide copies of all of the applications for each prospective member to the Mayor and Commissioners for their review. (C) Following a review of the applications, the Mayor and each Commissioner shall forward to the City Clerk a list of their nominees to fill the membership positions on the respective Advisory Boards and Committees. The Mayor and the Commissioners' lists shall include only individuals who meet the qualification requirements for the specific Advisory Board and/or Committee within their District. In conformance with Section 286.011, Florida Statutes, (the "Sunshine Law"), as may be amended from time to time, the Mayor and Commissioners shall provide a copy of their list of nominees to the other Commissioners and the Mayor only as a means to advise the other Commission members of their recommendations. The Mayor and commissioners may not discuss the contents of their respective lists of nominees outside of a duly noticed City Commission meeting. (D) The City Clerk shall review the list of prospective members submitted by the Mayor and each Commissioner, and develop a list of proposed members for each respective Advisory Board and Committee. In the event the Mayor and Commissioner nominate the same individual for the same Board or Committee, the Commissioner's nomination shall take precedence, and the City Clerk shall move to the next individual on the Mayor's list. Once the list of regular members and alternate members is prepared, the City Clerk shall forward the lists to the City Manager for inclusion on an upcoming City commission agenda. (E) The list of nominated members (the "List") for each respective Advisory Board and Committee shall be approved by a majority vote of the city Commission. In the event the Mayor or Commissioner has an objection to any specific individual, the Mayor or Commissioner shall move to remove that individual from the List. In order to remove an individual from the List, the motion must be approved by an affirmative vote of four members of the City Commission. If an individual is removed from the List, the Commissioner who nominated that individual may then nominate Temp. Ord. #2140 May 3, 2007 May 9, 2007 Page 4 of 8 another person to the respective Advisory Board or Committee. The Commission will then consider the List of proposed members until the List is approved by a majority vote of the City Commission. (F) Following the first advertisements and application submittals, in the event a Commissioner is unable to nominate a qualified individual to be a member of a specific Advisory Board and/or Committee, the Commissioner shall notify the City Clerk of the need to re -advertise for the specific Advisory Board and/or Committee position for that Commissioner's District. The City Clerk shall then re -advertise for that specific Advisory Board and/or Committee member position. Following the re -advertisement, if the Commissioner is still unable to nominate a qualified individual to be a member of the specific Advisory Board and/or Committee, the Commissioner may nominate an individual who resides outside of the Commissioner's district to the respective Advisory Board and/or Committee. (G) For Boards or Committees with five regular members the Mayor shall appoint one member from the City at large, and each Commissioner shall appoint one individual who meets the qualification requirements for the specific Advisory Board and/or Committee. (H) For Boards and Committees with seven members, the Mayor shall appoint two regular members from the City at large. Each Commissioner shall appoint one individual who meets the qualification requirements for the specific Advisory Board and/or Committee within their District to serve as a regular member. The Commissioner for District 1 will appoint a second regular member the first year, District 2 shall appoint a second member the next year, and District 3 and District 4 Commissioners shall appoint a second member the following two years, respectively. The appointment of the second regular member by the respective Commissioner shall then return to the Commissioner from District 1 the next year, to continue on a rotating basis from year to year. (1) For Boards and Committees with nine regular members, the Mayor shall appoint one individual who meets the qualification requirements from the City at large as a regular member. Each Commissioner shall appoint two individuals who meet the qualification requirements for the specific Advisory Board and/or Committee within their District as regular members. Temp. Ord. #2140 May 3, 2007 May 9, 2007 Page 5 of 8 (J) For Boards and Committees with 15 regular members, each Commissioner shall appoint three individuals who meet the qualification requirements for the specific Advisory Board and/or Committee within their District as regular members. The Mayor shall appoint three individuals who meet the qualification requirements from the City at large as regular members. (K) For Boards and Committees where the number of regular members is less than five and/or the regular members are to be representatives from a specific organization, trade group, school, or other entity, the Mayor and Commissioners shall review the applications for those member positions and provide the City Manager, in writing, their order of preference for the individuals to fill the respective member positions. The City Manager, or his designee, will review the rankings and provide a list of the appointments in order of preference. The complete list of appointees will then be presented to the City Commission in the same manner as stated above. (L) To the extent that alternates are required to be appointed to any Advisory Board or Committee, the City Commission shall appoint a qualified individual to the respective alternate position by majority vote. (M) If the regular member of any City Advisory Board or Committee vacates his or her position, an alternate member of the respective Advisory Board or Committee shall be appointed to be a regular member of the respective Advisory Board or Committee by majority vote of the City Commission, and shall serve the unexpired portion of the term of the regular member who vacated their position. At the time the alternate member is appointed as regular member, the City Commission shall also appoint a qualified individual to the respective alternate position by majority vote. If the new regular member is not from the same District as the member who vacated their position, the new alternate member shall be from the same district as the regular member who vacated their position. 3. TERMS OF APPOINTEES TO CITY ADVISORY BOARDS AND COMMITTEES. (A) Except where otherwise provided by or inconsistent with the City's Charter, general or special law, all appointees to Advisory Boards and Committees shall serve at the pleasure of the nominating member of the city Commission, or until the nominating Temp. Ord. #2140 May 3, 2007 May 9, 2007 Page 6 of 8 member of the City Commission vacates his or her office for any reason. (1) If the nominating member of the city Commission vacates his or her office for any reason, the terms of the respective Advisory Board/Committee members nominated by the member of the City Commission shall terminate at the time the new member of the City Commission appoints a replacement member to the Advisory Board or Committee. (2) Upon certification of an election in which a new Mayor or City commissioner has been elected, the City Clerk shall notify all Advisory Board and Committee members nominated by the outgoing Mayor/Commissioner of the expiration of their terms. (3) Best efforts shall be employed to ensure that membership of all City Advisory Boards and Committees will fairly represent the diverse population and demographics of the City. (4) In the event that the Mayor or a member of the City Commission is reelected, all Advisory Board and Committee members appointed by said Mayor/Commissioner shall need to be reappointed upon reelection in order to continue their term. The newly reelected Mayor/Commissioner shall have the option of appointing different Advisory Board and Committee members at the commencement of their new term. (B) Except where otherwise provided by or inconsistent with the City Charter, ordinance, resolution, or general or special law, a person appointed to a board or committee: (1) Shall meet the qualification requirements for the specific Advisory Board and/or Committee, and maintain those qualifications for the duration of the term of the appointment. (2) If appointed by a Commissioner, the individual shall maintain the qualifications in the district from which they were appointed. Temp. Ord. #2140 May 3, 2007 May 9, 2007 Page 7 of 8 (3) Shall be prohibited from simultaneously serving as an appointee of another City Board/Committee, unless the City Commission approves the appointment of the individual to the second board or committee by super majority vote of the full City Commission. (C) Except where otherwise provided by or inconsistent with the City Charter, general or special law, any appointee who fails to meet the requirements for his or her appointment to a Board/Committee, including residency if required to live in the district, shall immediately cease to be a member of his or her Board/Committee. 4. ANNUAL REVIEW On or before May 1st of each year, the respective Advisory Board or Committee shall forward to the City Commission a summary of the Advisory Board's or Committee's accomplishments during the prior year. SECTION 3: It is the intention of the City Commission of the City of Tamarac, Florida that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Tamarac, Florida, and that the Sections of this Ordinance may be renumbered, re -lettered and the word "Ordinance" may be changed to "Section," "Article" or such other word or phrase in order to accomplish such intention. SECTION 4: If any clause, section, or other part or application of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and so not affecting the remaining portions or applications remaining in full force and effect. Temp. Ord. #2140 May 3, 2007 May 9, 2007 Page 8 of 8 SECTION 5: All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. SECTION F: This Ordinance shall become effective immediately upon adoption, and shall be applied prospectively commencing June 2007. PASSED AND ADOPTED on first reading this ?'Tay of , 2007. PASSED AND ADOPTED on second reading thiso23 day of f , 2007. Beth Flansbaum-Talabisco Mayor ATTEST: 74RECORD OF COMMISSION VOTE: 1st Reading rMARION SWEN ON, CMC MAYOR FLANSBAUM-TALABISCO —� wa` CITY CLERK DIST 1: COMM. PORTNER 2 DIST 2: COMM. ATKINS-GRAD DIST 3: V/M SULTANOF DIST 4: COMM. DRESSLER 0 I HEREBY CERTIFY that I have approved this ORDINANCE as to form. RECORD OF COMMISSION VOTE: 2"d Reading MAYOR FLANSBAUM-TALABISCO DIST 1: COMM. PORTNER DIST 2: COMM. ATKINS-GRAD DIST 3: V/M SULTANOF DIST 4: COMM. DRESSLER �JS TY A%GOREN RNEY 1