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Ordinance No. 2015- 4331
An ordinance of the City of Sanford, Florida relating to processes,
meeting notices, agendas, open government and minutes pertaining
to City boards, commissions or committees; providing for the
amendment of Sections 2 -122 and 2 -121 of the City Code of the City
of Sanford, providing for legislative findings and intent; providing for
processes and procedures; providing for implementing
administrative actions and responsibility for implementation;
providing for a savings provision; providing for conflicts; providing
for severability; providing for codification as well as the correction of
scrivener's errors; providing for severability and providing for an
effective date.
Be It Enacted By The People Of The City Of Sanford, Florida:
Section 1. Legislative findings and intent.
(a). The City Commission of the City of Sanford hereby adopts and
incorporates into this Ordinance the City staff report and City Commission agenda
memorandum relating to this Ordinance.
(b). The City Commission of the City of Sanford hereby reaffirms its
commitment to being a government that operates "in the Sunshine" for the benefit of its
citizens and the general public.
(c). The provisions of this Ordinance are enacted pursuant to the statutory and
home rule powers of the City to establish and maintain the appropriate operations of
City to ensure the utmost engagement of the public in City decision making processes
and transparency of actions for the benefit of the public.
(d). The City Commission of the City of Sanford appreciates the public service
provided by the members of the various City boards, commissions and committees and
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desires and directs that such bodies operate under normative and consistent
administrative processes and procedures and receive the training and support that they
require in order to accomplish the role and function of local government assigned to
each such body.
(e). The City of Sanford has complied with all requirements and procedures of
Florida law in processing and advertising this Ordinance.
Section 2. Amendment to Section 2 -122, City Code relating to
organizational provisions pertaining to City boards, commissions or committees.
Section 2 -122 of the City Code of the City of Sanford, Florida is amended to read as
follows:
Sec. 2 -122. - Organizational provisions.
(a) Applicability. This section applies to all boards, commissions or
committees, except to the extent otherwise specified in state statute or otherwise
provided in this Code, as well as the actions, insofar as practicable, of a City special
magistrate, hearing officer or staff person assigned an adjudicative duty. This section
shall not apply to the city's canvassing boards as may be established from time -to -time,
to the special events review committee, to the development review committee, the plans
review committee or entities of a similar nature, when so specified by the City
Commission; provided, however, that the provisions of state law relative to public
records, public meetings, public notices, participation by the public, the creation and
approval of minutes and similar procedural requirements shall be applicable.
(b) Positions; qualifications; residency. Each member shall be appointed to a
specific numbered position. Absent a controlling provision in federal, state, county or
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city law, ordinance, rule or regulation, every appointee must, to the extent practicable as
determined in the sole discretion of the City Commission, at the time of appointment, be
a resident of the city and an elector of Seminole County; provided, however, that this
requirement may be waived by a fourth -fifths vote of the City Commission. A member
who ceases to meet a requirement for qualification, shall be deemed to have resigned
upon the failure to maintain the qualification for office and shall be replaced at any time
thereafter by the City Commission, but may continue to serve on an interim basis until a
successor is qualified and appointed if the member's interim service is approved by the
City Commission.
(c) Terms. Each position shall have a four -year term of office with each
beginning on October 1 of a calendar year. Each member appointed shall serve for the
specific term, or the unexpired portion thereof, of the specific position to which the
member is appointed. A qualified member shall also serve after the expiration of a term
of office until a successor is appointed. The provisions of this subsection relating to
terms of four years shall not apply to the board of trustees of the firefighters' retirement
system and the board of trustees of the police officers' retirement system.
(d) Vacancies. In the event of death, resignation, removal from office or any
other vacancy, a successor shall be appointed to serve the remaining unexpired portion
of the specific term of office of the vacant position. `
(e) Removal. The City Commission may, by majority vote, remove a member
for cause upon written charges after notice and public hearing by reason of (i) three
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unexcused absences within a 12 -month period as determined by the City Commission
or (ii) misfeasance, malfeasance or dereliction of duty or such other conduct that
provides for removal under a controlling provision of law including, but not limited to, the
"City of Sanford Governmental Public Officials Ethics Ordinance ".
(f) Officers. The City Commission may, from time -to -time, designate one
member as the presiding officer who shall serve until another presiding officer is
designated. A chairperson and vice - chairperson shall be elected from the members at
the first meeting of each calendar year.
(g) No compensation. Members shall receive no compensation for their
services.
(h) Quorum. A quorum is half the number of the voting membership, including
alternate members who are participating as voting members, of the board, commission
or committee. After a meeting is called to order, the only appropriate action in the event
of a non - quorum is to continue the meeting; provided, however, that the attending
members of the body may discuss matters of a non - quasi - judicial nature and matters
that are not, and will not be the subject of a noticed public hearing. No voting shall take
place absent a quorum. Continuances of meetings and hearings undeF exigent „r
may be accomplished administratively without the vote of a
quorum due to inclement weather conditions, emergency circumstances and
administrative necessity when the Chairperson of the body concurs in such action
proposed by City staff and in such circumstances, the designated City staff liaison to
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that board shall attend the meeting, if possible, and announce a continuance of the
meeting or hearing to a date that is approved by the Chairperson in
unavailability of the Chairperson to make decisions as set forth in this Subsection, the
Vice - Chairperson or, if no Vice - Chairperson is in office, the member with the longest
service on the body shall make such determinations. In the event of a continuance
under the provisions of this Subsection, City staff shall take all reasonable and
appropriate actions to notice the meeting or hearing and to ensure that all affected
parties are advised of the new date of the meeting or hearing_
(i) Term limits. No member shall serve more than three consecutive terms on
the same board, commission, or committee. This term limitation shall not apply to the
Firefighters Retirement System Board of trustees and the police officers retirement
system board of trustees.
0) Absences. Each regular member and each alternate member shall notify
the designated city staff liaison when it is anticipated that the member will be absent
from a meeting. At the meeting, the body may vote to excuse the absence provided that
the staff liaison was notified at least 24 hours prior to the scheduled meeting; provided,
however, that less notice will be acceptable in the event of exigent circumstances facing
the member and causing the absence.
(k) Alternate members. In addition to appointing regular members, the City
Commission may also appoint alternate members in such numbers as it deems
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appropriate to serve in the event of absences by regular members; provided, however,
that this provision shall not apply to appointments to the Firefighters Retirement System
Board of Trustees and the Police Officers Retirement System Board of Trustees.
Alternate members shall have all of the rights and privileges of regular members and
shall be subject to the same requirements as regular members. Alternate members may
attend all meetings of the body to which appointed, but may only vote when filling the
position of an absent member either for an entire meeting or a particular vote or set of
votes at a meeting depending upon the duration of the absence of a member; provided,
however, that once a member is absent from a meeting, that member shall not regain
his or her seat on the body unless a quorum is lacking in the meeting subsequent to his
or her absence. Alternate members shall not participate in the debate on matters that
are quasi - judicial in nature when not sitting as a voting member, but the chairperson, in
his or her discretion, may permit participation of alternate members when matters are
advisory in nature. Alternate members may serve in the absence of a member of the
body whether for an entire meeting or for a particular vote or set of votes at a meeting. If
more than one alternate is appointed to a body, they shall serve in a rotational method
or by means of the order of appointment if no rotation has been established with the first
appointed alternate member serving first. It is the duty of members to advise the staff
liaison of their expected absence from a meeting as early as possible.
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(1) Method of creation. Advisory bodies shall be created by resolution as
opposed to ordinance except in unusual circumstances or in the event that controlling
law requires otherwise.
(m) District representation. In appropriate circumstances the City Commission
shall make every reasonable effort to ensure that City Commission districts are as
equally represented as practicable.
(n) Rules of procedure. All proceedings shall be guided by the latest edition of
Roberts Rules of Order in a manner which allows the body to function in an organized
manner, but without technical adherence thereto. Motions for reconsideration may only
be heard at the next session of a body occurring after the meeting at which the vote
desired to be reconsidered occurred. Any member of the body, regardless of whether
he or she voted at the prior meeting, may move for reconsideration provided that such
moving member did not vote on the non - prevailing side at the prior meeting with regard
to such vote. If a matter that was determined at an advertised public hearing is later
determined to be reconsidered, public notice shall be published consistent with the
requirements that were applicable when the vote that is to reconsidered was taken and
an explanation of the reconsideration process shall be incorporated into the public
notices relating to the matter.
(o) Bylaws; applicable laws. Unless otherwise empowered by federal, state,
county or city law, ordinance, rule or regulation, no bylaws shall be adopted by the body
and matters within the jurisdiction of the body shall be implemented in accordance with
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the provisions of the creating City Code provision, ordinance or resolution. The
provisions of Florida law relating to public records, public notices, participation by
public, the creation and approval of minutes and public meetings shall apply to all city
boards, commissions and committees except to the extent explicitly provided otherwise
in state law. If federal law requires certain processes and procedures, then the board,
commission or committee subject to such requirement, shall ensure that full compliance
is maintained. Each body shall cause its designated secretary to provide approved
executed minutes for each meeting to the City Clerk at the end of the month following
the month during week a meeting occurred and to ensure that minutes for all meetings
are posted upon the City's meetings Web page. Each body shall cause its designated
secretary to post all meeting notices and agendas in accordance with controlling law,
upon the City's Web page calendar and as otherwise is required by the procedures and
processes promulgated by the City Clerk in conjunction with the City Attorney. All
actions and activities of each body shall be accomplished in full compliance with the
requirements of open and transparent government under the guidance of the City
Attorney who shall also guide and direct adherence to the requirements of law relative
to quasi -judicial proceedings of all bodies. The City Clerk shall endeavor to maximize
public notice of meetings and hearings of the City as well and public information relative
to the actions taken at such meetings and hearings to include, but not be limited to, the
use of technology for the provision of notices and records relating to the boards,
commissions or committees of the City insofar as practicable.
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(p) Ethics training. All members of each body shall, unless otherwise required
to do so by controlling law, attend an ethics and Sunshine Law training session each
calendar year which training session shall be coordinated by the City Clerk and the City
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Section 3. Amendment to Section 2 -121, City Code relating to creation and
operational provisions pertaining to City boards, commissions or committees.
Section 2 -121 of the City Code of the City of Sanford, Florida is amended to read as
follows:
Sec. 2 -121. - Boards, commissions and committees.
(a) Permanent bodies. The following boards, commissions and committees of
the City of Sanford currently exist aFe GUFFently existiRg in accordance with the
provisions of this Code and other controlling law:
(1) Planning and Zoning Commission.
(2) Sanford Airport Authority which is a dependent special district created by
special act of the Florida Legislature.'
(3) Community Redevelopment Agency which is a dependent special district
created under the provisions of controlling general law of the State of Florida with both
City and County appointees.2
(5) Historic Preservation Board.
(66) (5) Firefighters Retirement System Board of Trustees.3
(7) (6) Police Officers Retirement System Board of Trustees.4
1 See Chapter 71 -924, taws of Florida, as amended by Chapter 2005 -306, taws of Florida.
z See PART III, Chapter 163, Florida Statutes, and resolutions of the Board of County Commissioners of Seminole
County delegating authority to the City under Section 163.410, Florida Statutes.
3 See Chapter 175, Florida Statutes.
4 See Section 66 -33, City Code.
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(9) M Sanford Housing Authority which is an independent special district created
under the provisions of controlling general law of the State of Florida.5
(S) (8) Sanford Museum Board.
(4-8) Impact fee advisory committees which are appointed from time -to -time.
(b) Other bodies. Other boards, committees, and commissions, by whatever
name (such as task forces) may be created or appointed from time -to -time under
authority of the City Commission and the actions of a City special magistrate, hearing
officer or staff person assigned an adjudicative duty shall be subject to the provisions of
this Code and controlling State law relative to the noticing of hearings /meetings and the
maintenance of minutes of such activities.
(c) Staff support; compliance with controlling law. The City Manager may
provide staff support and other operational support to a board, committee or
commission consistent with a determination as to the needs of the body and the
availability of staff and other resources. The City Attorney shall provide legal guidance
to all boards, committees, and commissions to ensure that each body, in accordance
with the processes and procedures promulgated by the City Clerk, provides approved
and executed minutes for each meeting, that all agendas and minutes comport with
controlling law, that public participation is allowed in all appropriate circumstances and
that the controlling provisions of law relating to open government are honored and
respected. The city manager shall be responsible for appointing a city staff liaison for
5 See PART I, Chapter 431, Florida Statutes.
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each board, commission or committee. Designated staff liaisons are authorized to
provide support and assistance for each board, commission or committee, including
expenditures budgeted for that purpose. Only the city commission or city manager may
authorize the city attorney or any outside consulting engineer to provide services for a
board, commission or committee.
Section 4. Implementing Administrative Actions.
The City Manager, City Clerk and City Attorney are hereby authorized and
directed to implement the provisions of this Ordinance and to take any and all
necessary administrative actions to bring into effect the provisions of this Ordinance and
to provide support, training and guidance to the boards, commissions or committees of
the City as such Charter officials may deem appropriate in their respective roles and
functions under the City Charter.
Section 5. Savings.
The prior actions of the City of Sanford relating to the operations and actions of
all City boards, commissions and committees, as well as any and all related matters and
processes and procedures of the City pertaining thereto, are hereby ratified and
Section 6. Conflicts.
All ordinances or part of ordinances in conflict with this Ordinance are hereby
repealed. Whenever the requirements or provisions of this Ordinance are in conflict
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with the requirements or provisions of any other lawfully adopted ordinance or
statute, the most restrictive requirements shall apply.
Section 7. Severability.
If any section, sentence, phrase, word, or portion of this Ordinance is determined
to be invalid, unlawful or unconstitutional, said determination shall not be held to
invalidate or impair the validity, force or effect of any other section, sentence, phrase,
word, or portion of this Ordinance not otherwise to be invalid, unlawful, or
unconstitutional.
Section 8. Codification; Scrivener's Errors.
(a). The provisions of this Ordinance shall be codified; provided, however, that
the provisions of Sections 1, 5, 6, 7, 8 and 9 shall not be codified and the sections of
this Ordinance may be renumbered or relettered and that the word "Ordinance" may
be changed to "section ", "article" or some other appropriate word or phrase to
accomplish codification.
(b). Regardless of whether this Ordinance is ever codified, the division and
provisions of this may be renumbered or relettered.
(c). Typographical errors and other matters of a similar nature that do not
affect the intent of this Ordinance, as determined by the City Clerk and City Attorney,
may be corrected with the authorization of the City Manager, or designee, without the
need for a public hearing.
Section 9. Effective Date.
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This Ordinance shall take effect immediately upon passage and adoption.
Passed and adopted this 12th day of January, 2015.
Attest: , p
Cynthia Porter, City Clerk
Approved as to form and
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City Commission
of the
City of
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