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
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May 3, 2007
May 9, 2007
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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.
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May 3, 2007
May 9, 2007
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(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
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May 3, 2007
May 9, 2007
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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.
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May 3, 2007
May 9, 2007
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(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
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May 3, 2007
May 9, 2007
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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.
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May 3, 2007
May 9, 2007
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(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.
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May 3, 2007
May 9, 2007
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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
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