8003-08
ORDINANCE NO. 8003-08
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING CHAPTER 2, ARTICLE III, CODE
OF ORDINANCES, RELATING TO APPOINTED
AUTHORITIES, BOARDS, COMMITTEES; UPDATING
LANGUAGE TO REFER TO "CITY COUNCIL" AND
MAKING OTHER CLERICAL CORRECTIONS; AMENDING
SECTION 2.063 REGARDING QUALIFICATIONS AND
APPOINTMENT OF MEMBERS; AMENDING SECTION
2.064 REGARDING TERMS OF MEMBERS; AMENDING
SECTION 2.069 REGARDING RESIGNATION OF
MEMBERS; REPEALING DIVISION 3, BEAUTIFICATION
COMMITTEE AND DIVISION 4, COMMUNITY
RELATIONS BOARD; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Chapter 2, Article III, Division I, Code of Ordinances, is hereby
amended as follows:
DIVISION 1. GENERALLY
Sec. 2.061. Application of article; definitions.
(1) The provisions of this article shall apply to all appointive boards of the
City, except as otherwise provided in this Code.
(2) As used in this article:
(a) "Board of the City" or "board" means a board, committee,
authority, or other entity established by an ordinance or resolution
adopted by the city commission councilor by a special act of the
Florida Legislature relating solely to the city, and for which the city
commission council has the authority to establish the qualifications
for membership. The term does not include an agency of the state
or of the county, or an agency established by interlocal agreement,
notwithstanding that the city commission council may appoint one
or more members to the board of such agency.
(b) "Resident" means a natural person who resides within the City
of Clearwater for not less than six months in each calendar year.
Ordinance No. 8003-08
Sec. 2.062. Establishment of new boards.
New boards shall be established by ordinance at the discretion of the city
commission council. An ordinance establishing a board shall also establish the
duties of the board and the qualifications of its members.
Sec. 2.063. Qualifications and appointment of members.
(1) In addition to other qualifications which may be specified for board
membership, a person appointed to a board shall be a resident of the city
at the time of appointment and shall maintain residency within the city
during the term of the appointment as a condition of eligibility to hold
office. No employee of the city shall be appointed to membership on a
board of the city. As exceptions to the requirements of this section:
(a) The Community Relations Board shall appointed as provided in
Section 2.121.
fG1-- @l The Firefighters Relief and Pension Fund Board of Trustees
shall be appointed or elected as provided in Section 2.443.
(Gt {Ql The Firemen's Pension Fund Board of Trustees shall be
elected or, in the case of the mayor and chief of the fire
department, assume office as provided in Section 4 of Article I of
the Related Laws of the City, derived from Chapter 30658, Laws of
Florida, Special Acts (1955). or as may be amended from time to
time.
~ f9The Gas Fitter's Examining Board shall be appointed as
provided in the Gas Code of the City of Clearwater, Florida, 1965,
as adopted by Ordinance 1070 on December 6, 1965, or as may be
amended from time to time.
tat .lQlThe Pension Fund Pension Advisory Committee shall be
elected as provided in Section 2.39~(d).
ff1 @lThe Police Officers Pension Trust Fund (also known as the
Supplementary Police Officers' Retirement Fund) Board of Trustees
shall be appointed or elected as provided in Section 2.473(1).
ffi1 illThe Brownsfields Advisory Board shall be appointed as
provided in section 2.241.
W {g}The Clearwater Housing Authority shall be allowed to appoint
have members that are residents of Pinellas County who are
employed within the city limits. This exception shall be limited to not
more than two members serving concurrently.
fij-fb.L The persons appointed to the Neighborhood and Affordable
Housing Advisory Board need not be residents of the city as long
as they meet the qualifications set forth in Section 2.226(2), except
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Ordinance No. 8003-08
that the person referenced in Subsection 2.226(2)9. must be a
resident of the city.
(2) Any person appointed to any board of the city shall be appointed by
the city commission council in the following manner:
(a) Any person meeting the qualifications of office and wishing to
serve on a board shall submit his or her name and a brief resume
to the city clerk.
(b) The city clerk shall notify the city commission council, in
writing, of upcoming vacancies on the boards, and shall provide to
the city commission council the names and brief resumes of the
persons who have expressed an interest in serving on each board
having a vacancy.
(c) At the first regular city commission council meeting each
month, appointments will be made by the commission council to fill
the vacancies.
(d) Board members whose terms have expired shall continue to
serve until their successors are appointed.
(e) When a vacancy due to resignation, removal, or death is filled,
the appointment of a replacement member shall take effect on the
date of appointment, except as may otherwise be provided by state
law. A vacancy due to expiration of a term shall be filled
approximately 30 days in advance, with the appointment effective
as of the beginning of the next term.
Sec. 2.064. Terms of members.
(1) Except as may be required by state law, and notwithstanding any
other provision of this code or a resolution of the city commission council
to the contrary, a term of office on any board shall be for four years. This
provision shall not apply to any member of any board who is presently
serving a term of greater or less than four years until the expiration of such
term, but this provision shall apply upon the expiration of the current term
of each such member.
(2) No person shall serve more than two consecutive full terms on any
one bo::ud, and no No person shall serve concurrently on more than one
board unless the second board is an ad hoc board, except that a person
may serve concurrently on both the Neiqhborhood and Affordable Housinq
Advisory Board and the Community Development Board.
(3) Once a person has served t'NO full and consecutive terms on a board,
that person shall not be eligible for reappointment to the same board for a
length of time equal to one full term on the board.
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Sec. 2.065. Compensation of members.
Board members shall serve without compensation except as may be
provided by ordinance or resolution of the commission council.
*****
Sec. 2.068. Staff members and other ex officio members.
(1) The city manager shall appoint a staff member to serve as a liaison
with each of the boards established by the city commission council. City
employees shall provide support for a board upon invitation only or as
their official duties may require.
(2) The city commission council shall designate a person between the
age of 17 and 22 years who mayor may not be an active student to serve
as a member of each of the following boards: The community relations
board, parks and recreation board, library board and sister city board
beautification committee.
Sec. 2.069. Resignation of members.
Members of boards may resign at any time. l\ member who resigns 'Nil I
not be eligible for appointment to the same board for a period of time equal to a
full term of that board.
Section 2. Chapter 2, Article III, Division 3, Beautification Committee,
Code of Ordinances, reading as follows, is hereby repealed and shall be of no
further force and effect:
DIVISION 3. BEAUTIFICATION
COMMITTEE
Sec. 2.101. Creation.
There is hereby created a beautification committee.
Sec. 2.102. Composition.
The beautification committee shall be composed of five members who shall be
residents of the city.
Sec. 2.103. Terms of members.
The members of the beautification committee shall have four-year staggered
terms, staggered such that not more than three terms shall expire in any
calendar year.
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Sec. 2.104. Powers and duties.
The beautification committee shall encourage the beautification and aesthetic
enhancement of the city, review selected city projects, advise the city manager
and other municipal officials regarding such projects, and submit reports of its
recommendations to the city commission.
Section 3. Chapter 2, Article III, Division 4, Community Relations Board
Code of Ordinances, reading as follows, is hereby repealed and shall be of no
further force and effect:
DIVISION 4. COMMUNITY RELATIONS BOARD
Sec. 2.121. Creation; composition.
(1) The community relations board is hereby created and shall be composed of
five citizens of the city, appointed by the city commission to serve for terms of
four years, staggered such that not more than two terms shall expire in any
calendar year. In addition to minority representation on such board, the board
shall have one non-voting member representing the Clearwater Police
Department, and shall be chosen to ensure representation for varying diverse
ages, races, genders, religious backgrounds, etc.
(2) Members' terms shall be set up on an overlapping basis and members may
not be appointed to serve more than two consecutive terms. Vacancies shall be
filled in the same manner as the original appointments. Each member shall serve
without compensation and may be removed without cause by the city
commission at any time. Members of the community relations board shall appoint
a chairperson and vice-chairperson and the board may promulgate rules and
regulations for the conduct of its meetings and affairs.
Sec. 2.122. Officers.
(1) The chairperson of the community relations board serves for a term of two
years and has the following duties:
(a) Call board meetings and set the agenda for the same;
(b) Preside at board meetings;
(c) Appoint one or more panels of not less than three board members to
exercise board powers, as provided in section 2.125;
(d) Appoint and define the role of such committees as are necessary or
expedient to advise the board or its director;
(e) Perform such other functions as the board may assign by rule or order.
(2) The vice-chairperson serves for a term of two years, the term to run
concurrently with that of the chairperson. The vice-chairperson performs the
duties of the chairperson in the chairperson's absence and performs other such
duties as the chairperson may assign.
(3) If a vacancy occurs in the office of chairperson, the vice-chairperson shall
become the chairperson for the unexpired term of the chairperson. If a vacancy
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occurs in the office of vice-chairperson, the board will select another member to
fill the unexpired term of the vice-chairperson.
Sec. 2.123. Meetings.
(1) The community relations board shall be required to hold at least four
meetings each year and may meet more frequently. Notice of the time and place
of the meeting shall be given to all board members and all parties scheduled to
be heard, and shall be made public. The chairperson may call an unscheduled
meeting, and meetings may also be called by written notice signed by three
members of the board. All meetings shall be public. The city manager shall
provide such staff as may reasonably be required in his discretion to assist the
board in the performance of its duties. The city manager shall provide a regular
meeting place for the board.
(2) A majority of the active members or not less than three members of the
board shall constitute a quorum for the conduct of board business. A majority of
the members of a panel or committee shall constitute a quorum for the conduct of
business assigned to a panel or committee. In the presence of a quorum, board
or panel business shall be conducted by a majority vote.
Sec. 2.124. Objectives.
(1) The objectives of the community relations board shall be to:
(a) Promote and encourage fair treatment and equal opportunity for all persons
regardless of race, creed, color, sex, national origin, age, disability, or marital
status, and mutual understanding and respect among members of all economic,
social, racial, religious, and ethnic groups and shall endeavor to eliminate
discrimination against and antagonism between religious, racial and ethnic
groups and their members;
(b) Cooperate with governmental and nongovernmental agencies and
organizations having like or kindred functions;
(c) Make such investigations and studies in the field of human relations as in the
judgment of the board will aid in effectuating its general purposes;
(d) Assist various groups and agencies of the community to cooperate in
educational programs and campaigns devoted to the elimination of group
prejudices, racial tension, intolerance, disrespect for diversity, or discrimination;
(e) Aid in permitting the city to benefit from the fullest realization of its human
resources; and
(f) Recommend that the city accept grants and contracts from foundations and
other sources for the purpose of carrying out the above-listed functions, subject
to the approval of the city manager.
(2) The objectives set forth in subsection (1) of this section are not to be
construed as duties and the board shall have the discretion to determine when
each objective is implemented.
Sec. 2.125. Powers and duties.
The powers and duties of the community relations board shall be to:
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. .
(1) Develop and implement programs/materials, and the fostering of mutually
beneficial relationships, through the Human Relations Department, in order to
facilitate the reduction of prejudice and tension in relation to all matters involving
race, creed, color, sex, national origin, age, disability, or marital status and
disorder occasioned thereby.
(2) Propose reasonable rules and regulations as are necessary to effectuate the
policies of this chapter. Such rules and regulations shall become effective upon
approval by the city commission.
Section 4. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
September 18. 2008
PASSED ON SECOND AND FINAL
READING AND ADOPTED
October 2, 2008
~/~
F<rat1k V. Hibbard
Mayor
Approved as to form:
Attest:
fluv Cynt
1Y City
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Ordinance No. 8003-08