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HomeMy WebLinkAboutItem V (B)Ordinance No. 93-02, relating to Appointment of Members to the Parks and Recreation Advisory Board 7i } Agenda 3-16-93 Item V B FOLEY & LARDNER t III NORTH ORANGE AVENUE,SUITE 1800 POST OFFICE BOX 2193 ♦ ORLANDO. FLORIDA 32802-2193 JACKSONVILLE, FLORIDA TELEPHONE 14071 423-7656 IS A MEMBER OF GLOBALEX TALLAHASSEE. FLORIDA FACSIMILE(4071 648-1743 WITH MEMBER OFFICES IN TAMPA, FLORIDA WEST PALM BEACH. FLORIDA LONDON, ENGLAND MILWAUKEE, WISCONSIN PARIS. FRANCE MADISON. WISCONSIN BERLIN. GERMANY CHICAGO. ILLINOIS STUTTGART, GERMANY WASHINGTON, D.C. DRESDEN, GERMANY ALEXANDRIA. VIRGINIA SINGAPORE ANNAPOLIS, MARYLAND TAIPEI, TAIWAN MEMORANDUM TO: The Honorable Mayor and City Commissioners of the City of Ocoee FROM: Paul E. Rosenthal, Esq. , City Attorney , /f �fy`, DATE: February 26, 1993 RE: Parks and Recreation Advisory Board Pursuant to your direction, attached hereto is a proposed Ordinance changing the composition of the Parks & Recreation Advisory Board and the procedures established for the appointment of members, both voting and non-voting. The proposed Ordinance provides that all voting members of the Parks & Recreation Advisory Board will be appointed by the City Commission. Additionally, the Parks & Recreation Director and a member of the City Commission, as appointed by the City Commission, are designated as non-voting ex officio members of such Board. Please note that the current Ordinance provides that ex officio members are voting members. We believe that voting status is inconsistent with the concept of ex officio membership and also raises a dual office holding question with respect to the City Commission designee to the Board. Accordingly, it is our recommendation, as reflected in the proposed Ordinance, that ex officio members have non-voting status. We have conducted a review of the Ocoee City Code to determine whether there are any other committees or boards appointed by the Mayor, rather than the City Commission. This search has not revealed any other such committees or boards. Of course, if you are aware of any other committees or boards established by the Ocoee City Code whose members are appointed by the Mayor, we would appreciate you bringing such information to our attention. The proposed revision to the appointment procedure for the Parks & Recreation Advisory Board will make such appointment procedure consistent with that utilized for all other City Boards. 0 T O �} •£ inn ` = Y 16) ft S',z 00 on V ''ave. ••~ From time-to-time a member of the City Commission is called upon to serve as a City representative to certain non-City entities (i.e. , Tri-County League, East Central Florida Regional Planning Council) . In some instances, the charters of these non-City entities provide that the Mayor shall serve as a member thereof. In other instances, they are silent as to the appointment procedure. We have not addressed membership by members of the City Commission in such non-City entities. However, to the extent that the charters of such non-City entities call for a member of the City Commission to serve and do not designate the procedure for selecting such member or require that the Mayor be a member, it is our opinion that such member would be appointed by a majority of the City Commission in the absence of a State law to the contrary. Any such member may also be removed by a majority of the City Commission or upon expiration of the term of appointment. cc: Mr. Ellis Shapiro, City Manager Mrs. Jean Grafton, City Clerk CAWPSI\DOCSIOCOE\MEMOS\PARKS.MEM 17126/931 GINNY I PER:ge —2— ORDINANCE NO. 93- 02 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO APPOINTMENT OF MEMBERS TO THE PARIS AND RECREATION ADVISORY BOARD; REPEALING • SECTION 15-4.B OF CHAPTER 15 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE AND ADOPTING A NEW SECTION 15-4.B RELATING TO MEMBERSHIP OF SAID BOARD; ADOPTING SECTION 15-4.B.1 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE RELATING TO EX OFFICIO MEMBERS OF SAID BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. Section 15-4 .B of Chapter 15 of the Code of Ordinances of the City of Ocoee, Florida, is hereby repealed in its entirety. SECTION 3. A new Section 15-4.B of Chapter 15 of the Code of Ordinances of the City of Ocoee, Florida is hereby adopted to read as follows: B. The Parks and Recreation Advisory Board shall consist of seven members appointed by the City Commission. Each member shall be appointed to serve equal terms of two (2) years. Vacancies occurring during the term shall be filled by the City Commission. All members of the Parks and Recreation Advisory Board shall be residents of the City and shall serve without compensation. SECTION 4. Section 15-4.B. 1 of Chapter 15 of the Code of Ordinances of the City of Ocoee, Florida is hereby created to read as follows: B. 1. The Parks and Recreation Director shall be an ex officio member of the Parks and Recreation Advisory Board. Additionally, a member of the City Commission shall serve as an ex officio member of the Parks and Recreation Advisory Board, such member being appointed by the City Commission. All ex officio members of the Parks and Recreation Advisory Board shall be non-voting members. SECTION 5. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, stvch portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 6. Codification. It is the intention of the City Commission of the City that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this ordinance may be renumbered or relettered and the word "ordinance" may be changed to "chapter" , "section", "article" , or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the code is accomplished, sections of this ordinance may be renumbered or relettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. 2 SECTION 7. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 1993 . APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED March 4 , 1993 READ FIRST TIME March 2 , 1993 READ SECOND TIME AND ADOPTED , 1993 . FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this day of , 1993 . FOLEY & LARDNER APPROVED BY THE OCOEE CITY COMMISSION ON THE DATE INDICATED ABOVE UNDER By: AGENDA ITEM NO. City Attorney c:\wrpI\DocMoCoEpARICBD.oRDP/26/93IG1NNYEIP R:m 3