8220-10ORDINANCE NO. 8220-10
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO CODE OF ORDINANCES CHAPTER 2,
ADMINISTRATION, ARTICLE III, APPOINTED AUTHORITIES,
BOARDS, COMMITTEES, DIVISION 1; AMENDING SECTIONS
2.061 THROUGH 2.064 AND 2.066 THROUGH 2.068, AND
CREATING SECTION 2.070, REGARDING DEFINITIONS,
BOARD ESTABLISHMENT, QUALIFICATIONS, APPOINTMENT,
TERMS, RULES OF PROCEDURE, STAFF MEMBERS, AND
REMOVAL OF MEMBERS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, it is advisable to make certain changes to Code of Ordinances Chapter
2, Article III, Division 1 regarding appointed authorities, boards, and committees, in order to
provide for improved administrative efficiency; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. That Chapter 2, Article III, Division 1, Code of Ordinances, Sections
2.061 through 2.064 and 2.066 through 2.068, are hereby amended to read as follows:
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 council or by a special act
of the Florida Legislature relating solely to the city, and for which the city 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 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 #9F net
less than six n'nnths in e°rsh ealendaF yea
Sec. 2.062. Establishment of new boards.
New boards shall be established by ordinance or resolution at the discretion of the city
council. An ordinance or resolution establishing a board shall also establish the duties of
the board and the qualifications of its members and may establish a time at which the
Ordinance No. 8220 -10
board will be dissolved or sunsetted. When establishing a board that ig„not of limited
duration terms of members shall be staggered such that no more than two terms expire
in any calendar year.
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:
New board-6-sh.m11--he established by GFdinaRee at the the Gity Gouneil. An
ord-in-nmr--e- e-s#W-hl.shiFig a beaFd shall also establish the duties ef the haard nnd4he
q tali r,ati ens of it.c. mow.h-el:s
(a) The firefighters relief and pension fund also known as the su lementa firefighters
retirement fund) board of trustees shall be appointed or elected as provided in section
2.443.
(b) The fiFemen's firefighters 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 5 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.
(c) The 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.
(d) pensien fund pension advisory committee shall be elected as provided in
section 2.394(d).
(e) The 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).
(f) The Brownfields Advisory Board shall be appointed as provided in section 2.241.
(g) The Clearwater Housing Authority shall be allowed to 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.
(h) 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 that the person referenced in subsection 2.226(2)9 6 must be a
resident of the city.
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Q The Public Art and Design Board shall be appointed as rovided in section 5-
11.02 of the Community Development Code.
The Sister. Cities Board shall be appointed as provided in section 2.251.
(2) Individuals shall be appointed by the
city 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 council, in writing, of upcoming vacancies on the
boards, and shall provide to the city 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 council meeting each month, appointments will be made by
the 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 °ff°^* on the date of appointment be to fill the
remainder of the unexpired term, 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 council to the contrary, a term of office on any
board shall be for four years. This on shall not a.. ply to any Fnerviher of aAy
G grant term of fea.+h sq ,nh member
(2) 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
neighborhood and affordable housing advisory board and the community
development board.
(3) No person shall serve more than two consecutive full terms on an one board
unless there are no other qualified nominees.
3 Ordinance No. 8220-10
Sec. 2.066. Attendance by members at meetings.
W Except as may otherwise be provided by law, a member of any board may be
removed by the city manager for excessive absences. "Excessive absences" shall
mean:
Lal For a board which meets monthly on a regular basis, more than four absences,
excused or unexcused, in any consecutive 12-month period.
For a board which meets less often than monthly on a regular basis, more than
three absences, excused or unexcused, in any consecutive 12-month period.
(c) For a board which meets more often than monthly on a regular basis, more than
five absences, excused or unexcused, in any consecutive 12-month period.
Ll For a board which meets quarterly on a regular basis, more than one absence,
excused or unexcused in an consecutive 12-month period.
(2) The staff liaison for each board shall
submit monthly FepeFts to the Gity G!eFk setting feFth both the eXGU6ed and Unemeused
absences of each m^mbeF of the board notify the city clerk of any board -member having
a record of excessive absences. The city clerk will notify the city manager and request
direction regarding the removal of any such board member
abseRr.es.
Sec. 2.067. Officers and bylaws rules of procedure.
M The boards established by the city shall meet annually elect
one of their members as chairperson and electing other such officers as may be
necessary.
Each board shall adopt rules and Fegulatier}s to govern its proceedings, ineluding
es
and keep provide the city clerk a correct record
thereof. Each board shall adhere to Robert's Rules of Order to the extent that such rules
do not conflict with this ordinance, rules adopted by the board, or applicable state law.
The rules shall include establishing a quorum of at least a majority of the board
members. No meetinas may be called to order and no business be transacted without a
uorum present.
Board members, including any member appointed to a special task force, shall comply
with the public records and public meetings laws and other applicable laws of the State
of Florida. Conflicts of interest shall be declared when the applicable item is
announced.
Sec 2.068. Staff members and ether ex ^youth members.
4 Ordinance No. 8220-10
(1) The city manager shall appoint a staff member to serve as a liaison with each of the
boards established by the city council to assist the board in the performance of its
duties.
(2) The city council shall, when _possible, designate a person between the age of 17
and 22 years, who may or may not be an active student, to serve as a member of each
of the following boards: Tqe parks and recreation board, library board and sister city
board.
Section 2. That Chapter 2, Article III, Division 1, Code of Ordinances, Section
2.070, is hereby created to read as follows:
Sec. 2.070. Removal of members.
The city_ council may remove a member due to misconduct or neglect of duty.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
September 9, 2010
?',Qnt?mhpr 77 _ 70111-1
r
Frank V. Hibbard
Mayor
Approved as to form:
n
Leslie K. Doug - ides
Assistant City A ney
Attest:
rFiNfC'
f X? ?s
Rosemarie Call
City Clerk ???
5 Ordinance No. 8220-10