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4331 Meetings/Minutes11 P a g e 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 Underlined text is added language to City Code and strikethrough text is deleted language to City Code. When all new text is presented, no underlining is shown. 21 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 Underlined text is added language to City Code and strikethrough text is deleted language to City Code. When all new text is presented, no underlining is shown. 3 1 P a .> 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 Underlined text is added language to City Code and strikethrough text is deleted language to City Code. When all new text is presented, no underlining is shown. 41. 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 Underlined text is added language to City Code and strikethrough text is deleted language to City Code. When all new text is presented, no underlining is shown. 51_- a ,f 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 Underlined text is added language to City Code and strikethrough text is deleted language to City Code. When all new text is presented, no underlining is shown. 6�... 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. Underlined text is added language to City Code and strikethrough text is deleted language to City Code. When all new text is presented, no underlining is shown. 71 (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 Underlined text is added language to City Code and strikethrough text is deleted language to City Code. When all new text is presented, no underlining is shown. 8 1 . al g e 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. Underlined text is added language to City Code and strikethrough text is deleted language to City Code. When all new text is presented, no underlining is shown. s1.. (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 AA A .1-1. AIMMUMIR V1. r rr� T- T.!1TTieTi� ..�. ::�.e ........... . � ::.::...rte.'. :....� =,:.ems ���,..:�' -Yf r r �7TS7-1 '72 - r r 1 Underlined text is added language to City Code and strikethrough text is deleted language to City Code. When all new text is presented, no underlining is shown. 101PI 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. Underlined text is added language to City Code and strikethrough text is deleted language to City Code. When all new text is presented, no underlining is shown. 111r -a e (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. Underlined text is added language to City Code and strikethrough text is deleted language to City Code. When all new text is presented, no underlining is shown. 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 Underlined text is added language to City Code and strikethrough text is deleted language to City Code. When all new text is presented, no underlining is shown. 13 1 , P age 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. Underlined text is added language to City Code and strikethrough text is deleted language to City Code. When all new text is presented, no underlining is shown. 141 Page 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 r M City Commission of the City of Underlined text is added language to City Code and strikethrough text is deleted language to City Code. When all new text is presented, no underlining is shown.