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HomeMy WebLinkAboutVII(H2) Policy Concerning Continued Absences From Board Meetings ' Agenda 4-1 /--2UUl Item VII H-2 "CENTER OF GOOD LIVING•-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER Ocoee S. SCOTT VANDERGRIFT CITYOF O C O E E COMMISSIONERS � t)" 150 N.LAKESHORE DRIVE DANNY HOWELL SCOTT ANDERSON RUSTY JOHNSON OCOEE, FLORIDA 34761-2258 �� (407)905-3100 NANCY J.PARKER OF GOO (407)656-5725 FAX ACTING CITY MANAGER FROM THE OFFICE OF JEAN GRAFTON, CITY CLERK JIM GLEASON MEMORANDUM To: The Honorable Mayor and City Commissioners From: Jean Grafton, City Clerk Date: April 11, 2001 Re: Board Members Absences from Meetings Issue Should the Honorable Mayor and City Commissioners set a general policy concerning board member absences applicable to all City boards? Background Member absences are addressed in provisions for four boards and the City Commission as noted below: Planning and Zoning Commission Some of the provisions in Ordinance No. 89-19 were not incorporated into Article III, § 3-2 of the LDC when it was adopted on July 21, 1992, but P & Z reconfirmed that ordinance as their "Rules of Procedure" on 3-9-93 and § 3.(4) states that if a member fails to attend three (3) consecutive meetings, the City Commission, upon recommendation of the P & Z, shall be empowered to declare the member's office vacant. Citizen Advisory Council for Ocoee Police Department By-Laws were adopted by CACOPD of 2-19-97 and Article III. § 5 provides that membership may be revoked for cause by the affirmative vote of a simple majority of the members present at any duly called meeting of the CACOPD at which a quorum is present. Cause shall include, but not necessarily be limited to, a member's failure to attend sufficient meetings to properly discharge his or her responsibility and duties as a member of the CACOPD. Parks and Recreation Advisory Board Ocoee Code of Ordinances, Chapter 15, § 15-4. E. provides that failure to attend more than two regularly scheduled consecutive meetings without an authorized absence shall be grounds for automatic removal from the Board. 114 Pow1 ._ PI otee;f roce;'s I Igs Re of'F'Cees Code Enforcement Board Ocoee Code of Ordinances, Chapter 7, § 7-5, D. provides that if a Board member fails to attend two (2) of three (3) successive Board meetings without cause and without prior approval of the Board Chairman, the Board will declare the member's office vacant and promptly report the vacancy to the City Commission, which will promptly fill the vacancy. City Commission Ocoee City Charter § C-15 provides that absence from four (4) consecutive regular meetings of the City Commission shall vacate the seat of the member absent, unless such absence is excused by the City Commission by resolution setting forth the fact of such excuse duly entered in the minutes. Recommendation Staff respectfully recommends that the Honorable Mayor and City Commissioners: (1) Give direction to the City Attorney to draft a policy based on the Charter provision dealing with absences for the City Commission to apply to all volunteer board members as well. (2) If Commission wishes to set new policy for only those boards not included above, please give direction on what Commission deems to be justification for absences from meetings. - PLANNING & ZONING COMMISSION (4) If any permanent or alternate P & Z Commission member 4 fails to attend three (3) successive regularly scheduled P & Z Commission meetings, the City Commission, upon recommendation of the Planning and Zoning Commission, shall be empowered to declare the member's office vacant and in such case the term of office of such ' member shall be automatically terminated without any further action by the City Commission. In such event the City Commission shall fill such vacancy within thirty (30) days of its declaration of the vacancy. Appointment to fill a vacancy on the P & Z Commission will be for the remainder of the unexpired term of the vacant office. (5) The presence of four (4) or more members shall constitute a quorum of the P & Z Commission. The chairman and vice chairman shall be entitled to vote. Alternate members shall only be entitled to make a motion, second a motion, and vote when they are filling a seat of an absent member. All vacant seats will be filled by alternates that are present. The senior alternate (by date of appointment) shall fill any vacancy first. Alternates are encouraged to take part in all discussions. (6) Members shall elect a chairman and vice chairman (who will be voting members) from the members annually at the first annual regular meeting. The chairman and vice chairman may be re- elected to successive terms. (7) Members shall serve without compensation and at the pleasure of the City Commission. Members may be reimbursed for travel, mileage, and per diem expenses as authorized by the City Commission. (8) Members shall have the right to formulate, adopt, and amend their Bylaws by a majority vote of all the regular or sitting alternate members, upon thirty (30) calendar day notice to all the members. The P & Z Commission shall conduct its meetings according to Roberts Rules of Order and its duly adopted Bylaws. (9) The city manager shall designate a city employee as clerk for the P & Z Commission. The city manager may designate additional city employees as deputy clerks as the city manager deems appropriate to the efficient conduct of the P & Z Commission's business. Members and the City attorney may not be designated as clerk or deputy clerk. (10) The clerk shall be the custodian of the records of the P & Z Commission, subject to supervision and control of the city clerk. 2.2 Functions, powers, and duties. It shall be the function, power and duty of the Planning and Zoning Commission: (1) To acquire and maintain in current form such basic information as is necessary to an understanding of past trends, present conditions, and forces at work to cause changes in these conditions; (2) To act as the local planning agency for the City of Ocoee as required by the State Local Government Comprehensive Planning Act; (3) To prepare and keep current a comprehensive plan as required by the Local Government Comprehensive Planning Act, specifically including all Development Review proposals and Annexations; (4) To establish principles and policies for guiding action affecting development in the city and its environment; -2- CITIZEN ADVISORY COUNCIL FOR OCOEE POLICE DEPARTMENT ARTICLE III (Membership) 1. Number of Members. The CACOPD shall consist of no less than fifteen (15) and no more than twenty-five (25) members. 2. Qualifications for Membership. Only those persons who are legal residents of the City of Ocoee, or who own real property in Ocoee, or who are members of the Ocoee Police Department or who are owners of businesses located in Ocoee, shall be eligible for membership. 3. Manner of Selection of Members. Those persons having been appointed by the City Commission to serve on the CACOPD and who at the time of the adoption of these By- laws are serving on the CACOPD shall be members of the CACOPD until such time as their appointed term shall expire. Thereafter, members shall be appointed to the CACOPD by majority vote of the City Commission of the City of Ocoee, Florida. Nominations to the CACOPD may be forwarded to the Commission by the CACOPD, by the Chief of Police, by the Mayor, and by any City Commissioner. 4. Term of Appointment. Members shall be appointed for a term of three (3) years and may be reappointed, irrespective of the number of terms previously served. 5. Termination of Membership. A member may have his or her membership revoked for cause by the affirmative vote of a simple majority of the members present at any duly called meeting of the CACOPD at which a quorum is present. Cause shall include, but not necessarily be limited to, a members failure to attend sufficient meetings to properly discharge his or her responsibility and duties as a member of the CACOPD. A member shall automatically have his or her membership revoked should such member cease to be qualified for membership pursuant to these By-laws. A notice of termination shall be promptly sent by the CACOPD secretary to any member who's membership is terminated. 6. Responsibilities of Membership. The membership of the CACOPD shall have the following general responsibilities: a. to meet and confer as a committee with police department personnel on problems of law enforcement in the City of Ocoee; 2 PARKS AND RECREATION ADVISORY BOARD § 15-4 PARKS AND RECREATION ADVISORY BOARD § 15-4 C. The Parks and Recreation Advisory Board shall make recommendations on issues concerning the city's parks and recreation facilities, both on its own and as requested by the City Manager or the Parks and Recreation Director. D. The Parks and Recreation Advisory Board shall have no authority to contract or otherwise pledge or commit revenues of the city without prior City Commission approval. E. The Parks and Recreation Advisory Board shall elect a Chairperson and such other officers as shall be deemed advisable. Failure to attend -�C more than two regularly scheduled consecutive meetings without an authorized absence shall be grounds for automatic removal from the Board. 1503 i-1-99 CODE ENFORCEMENT BOARD MEM § 7-4 ENFORCEMENT OF CODE § 7-5 CODE INSPECTOR — Any authorized agent or employee of the city who has, as a duty or as a part of his duties, the duty to assure compliance with the Code or any portion thereof. REPEAT VIOLATION — A violation of a provision of a code or ordinance by a person who the Board has previously found to have violated the same provision within five (5) years prior to the violation. § 7-5. Membership of Board; terms of office; organization. [Amended 11-21-1989 by Ord. No. 89-43; 3-7-1995 by Ord. No. 95-06] A. The City Commission will appoint a seven-member Board and a Board Attorney. The City Commission may appoint up to two (2) alternate members to serve on the Board in the absence of Board members. Board members will be residents of the city. Appointments will be made on the basis of experience or interest in Code enforcement, in the sole discretion of the City Commission. Board membership will, when practicable, include an architect, a businessman, an engineer, a general contractor, a subcontractor and a realtor. B. The initial appointments to the Board will be as follows: (1) Two (2) members shall be appointed for terms of one (1) year each. (2) Three (3) members shall be appointed for terms of two (2) years each. (3) Two (2) members shall be appointed for terms of three (3) years each. C. All subsequent regular appointments to the Board will be for terms of three (3) years. D. If a Board member fails to attend two (2) of three (3) successive Board meetings without cause and without prior approval of the Board 4 Chairman, the Board will declare the member's office vacant and promptly report the vacancy to the City Commission, which will promptly fill the vacancy. Appointment to fill a vacancy on the Board will be for the remainder of the unexpired term of the vacant office. E. Board members will serve without compensation and at the pleasure of the City Commission. Board members may be reimbursed for 708 5-10-95 CITY COMMISSION § C-14 OCOEE CODE § C-17 the City Commission shall be necessary to adopt any ordinance or resolution. The vote of each member of the City Commission shall be recorded and entered in the minutes. § C-15. Absence from meetings. Absence from four (4) consecutive regular meetings of the City Commission Alt shall vacate the seat of the member absent, unless such absence is excused by the City Commission by resolution setting forth the fact of such excuse duly entered in the minutes. § C-16. Compensation; expenses. The City Commission may determine the annual salary of the Mayor, the Mayor Pro Tem and the Commissioners by ordinance, but no ordinance increasing such salary shall become effective until the date of commencement of the terms of members of the City Commission elected at the next regular city J''� election, provided that such election follows the adoption of such ordinance by at least six (6) months. Members of the City Commission shall receive their actual and necessary expense incurred in the performance of their duties of office. § C-17. Vacancies; forfeiture of office; filling of vacancies. A. Vacancies. The office of a member of the City Commission shall become vacant upon the member's death, resignation, forfeiture of office or removal from office in any manner authorized by law. B. Forfeiture of office. Any member of the City Commission shall forfeit his office if he lacks at any time during one's term of office any qualification for the office prescribed by this Charter or by law or is convicted of a felony or any crime involving moral turpitude. The provisions of this subsection shall be exercised in accordance with the provisions of § C- 10. C. Filling of vacancies. If any vacancy, other than the Office of Mayor, occurs in the City Commission, an eligible person shall be selected by the City Commission within thirty (30) days of the vacancy to serve C16