4543 Amendment to City Code - Ethics TrainingOrdinance No. 2020-4543
An Ordinance of the City of Sanford, Florida relating to training
requirements pertaining to City boards and other bodies,
repeal of the Citizens Advisory Board and amendment of the
membership of the Historic Preservation Board; amending
Section 2-122 and Section 3.0. A (Schedule "S" of the Land
Development Regulations) and repealing Section 2-311
through Section 2-311 of the Code of Ordinances of the City of
Sanford; providing for legislative findings and intent;
providing for the taking of implementing administrative
actions; providing for a savings provision; providing for
codification and scrivener's errors; providing for severability;
providing for conflicts and 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 recitals (whereas clauses) to this Ordinance,
the City staff report and City Commission agenda memorandum relating to the
matters as set forth herein.
(b). The amendment to Schedule "S" of the City's Land Development
Regulations as set forth in Section 3 of this Ordinance relates to procedural
matters and not substantive development standards and, accordingly, need not
be processed in a manner that addresses statutory ordinance enactment
procedure pertaining to land development issues.
(c). The City of Sanford has complied with all requirements and
Underlined words shall constitute additions to the current text of the City Code, *** shall
constitute ellipses (spaces where current City Code provisions are omitted for the sake of
the ease of reference), and s*r-i',e thfough shall constitute deletions to current text of the
City Code.
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procedures of Florida law in processing and advertising this Ordinance.
Section 2. City Boards; Training. Section 2-122 of the Code of
Ordinances 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 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
Underlined words shall constitute additions to the current text of the City Code, * * * shall
constitute ellipses (spaces where current City Code provisions are omitted for the sake of
the ease of reference), and strike thfo,,g shall constitute deletions to current text of the
City Code.
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County; provided, however, that this requirement may be waived by a four-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)
Underlined words shall constitute additions to the current text of the City Code, * * * shall
constitute ellipses (spaces where current City Code provisions are omitted for the sake of
the ease of reference), and strike thr-o, ghs shall constitute deletions to current text of the
City Code.
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three 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 may be accomplished administratively
without the vote of a quorum due to inclement weather conditions, emergency
Underlined words shall constitute additions to the current text of the City Code, * * * shall
constitute ellipses (spaces where current City Code provisions are omitted for the sake of
the ease of reference), and strike thfoughs shall constitute deletions to current text of the
City Code.
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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 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 the event of the 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
Underlined words shall constitute additions to the current text of the City Code, *** shall
constitute ellipses (spaces where current City Code provisions are omitted for the sake of
the ease of reference), and strike thfoughs shall constitute deletions to current text of the
City Code.
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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
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
Underlined words shall constitute additions to the current text of the City Code, * * * shall
constitute ellipses (spaces where current City Code provisions are omitted for the sake of
the ease of reference), and strike 4ffoughs shall constitute deletions to current text of the
City Code.
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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.
(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
Underlined words shall constitute additions to the current text of the City Code, * * * shall
constitute ellipses (spaces where current City Code provisions are omitted for the sake of
the ease of reference), and strike thr-oughs shall constitute deletions to current text of the
City Code.
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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 the provisions of the creating City Code provision, ordinance or
resolution. The provisions of Florida law relating to public records, public notices,
participation by the 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
Underlined words shall constitute additions to the current text of the City Code, * * * shall
constitute ellipses (spaces where current City Code provisions are omitted for the sake of
the ease of reference), and strike *",-,,ughs shall constitute deletions to current text of the
City Code.
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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.
(p) Ethics training. The City Attorney and Clerk shall periodically provide all All
a list or online and other resources whichrp ovide training in the areas of open
government, public meetings, public records, ethics, ex parte communications,
quasi-judicial proceedings and related matters. session shy In person training
session shall be scheduled by the City Clerk and City Attorney at adequate times
in order for the first class of each board member to be in person and, thereafter,
may be coordinated by the City Clerk and the City Attorney if such sessions are
determined to be necessary. Without limiting the generality of the preceding
provision, each new member of a City body shall take a course conducted in
Underlined words shall constitute additions to the current text of the City Code, *** shall
constitute ellipses (spaces where current City Code provisions are omitted for the sake of
the ease of reference), and strike thy -e, ghs shall constitute deletions to current text of the
City Code.
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person by the City Attorney at the first opportunity after appointment. Thereafter,
training may be accomplished online as may be authorized by controlling law.
The City Attorney shall offer training in November of each year.
Section 3. Historic Preservation Board; Membership. The provisions
of Section 3.0. A. of the Code of Ordinances of the City of Sanford (Schedule "S"
of the Land Development Regulations) are amended to read as follows:
Section 3.0. - Historic Preservation Board.
A. Establishment of HPB. The City of Sanferd HPB (the "board," generally i
#his -Schedule) has been created and established to conduct activities required in
the historic preservation regulations included in Schedule S. The HPB shall
consist of 5 members and 2 alternates until September 30, 2020 and, effective
October 1 2020, 7 members with the alternate members being new full members
of the HPB with terms ending on September 30 of the year established by the
City Commission. The City Commission may appoint alternate members to serve
on the HPB as may be determined to be advisable from time -to -time.
Section 4. Repealer; Citizens Advisory Board.
Section 2-311 through Section 2-315 of the Code of Ordinances of the
City of Sanford are hereby repealed.
Section 5. Conflicts.
The City Manager, or designee, is hereby authorized to take all necessary
actions relative to implementing the provisions of this Ordinance.
Section 6. Conflicts.
All ordinances or part of ordinances in conflict with this Ordinance are
Underlined words shall constitute additions to the current text of the City Code, * * * shall
constitute ellipses (spaces where current City Code provisions are omitted for the sake of
the ease of reference), and strike *h..,,, ghs shall constitute deletions to current text of the
City Code.
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hereby repealed.
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 determined to
be invalid, unlawful, or unconstitutional.
Section 8. Savings; Effect Of Ordinance.
The prior actions of the City of Sanford in terms of the matters relating to
any and all actions and activities of the City pertaining to the ethics training
activities relating thereto, the Historic Preservation Board and the Citizens
Advisory Board, or any related or associated matters, are hereby ratified and
affirmed.
Section 9. Codification; Scrivener's Errors.
(a). Section 2 and Section 3 of this Ordinance shall be codified, and all
other sections shall not be codified; provided, however, that all necessary
codification actions shall be implemented by the Code codifier.
(b). The sections, divisions and provisions of this Ordinance may be
renumbered or re -lettered as deemed appropriate by the Code codifier.
Underlined words shall constitute additions to the current text of the City Code, * * * shall
constitute ellipses (spaces where current City Code provisions are omitted for the sake of
the ease of reference), and sti:i me thfoughs shall constitute deletions to current text of the
City Code.
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(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 endorsement of the City Manager, or
designee, without the need for a public hearing.
Section 10. Effective Date.
This Ordinance shall become effective immediately upon enactment.
Passed and adopted this 27th day of April, 2020.
Attest:
Traci Houchin, City Clerk, CMC, FCRM
Approved as to form and legal sufficien c
William L. Colbert City Attorney
City Commission of the City of
Sanford, Florida (\,,
By:
riplett,
OPP-
cJ
Underlined words shall constitute additions to the current text of the City Code, * * * shall
constitute ellipses (spaces where current City Code provisions are omitted for the sake of
the ease of reference), and stfike throu hs shall constitute deletions to current text of the
City Code.
p$1V0,915
CITY COMMISSION MEMORANDUM 20-063
APRIL 27, 2020 AGENDA
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Traci Houchin, City Clerk, CMC, FORM, and
Lonnie N. Groot, Assistant City Attorney
SUBMITTED BY: Norton N. Bonaparte, Jr., City Manager
SUBJECT: Amendment To City Code; Ethics Training F r City Board,
Membership Of Historic Preservation Boa ; Repeal Of Citizens
Advisory Board; Ordinance No. 2020-4 3
SYNOPSIS:
A proposal for the City Commission to enact Ordinance No. 2020-4543 which would amend
the City Code with regard to ethics, etc., training for City board members, modify the
membership of the Historic Preservation Board (HPB), and repeal the existence of the defunct
Citizens Advisory Board is being submitted for approval.
FISCAL/STAFFING STATEMENT:
The actions taken herein should result in either a savings relative to the costs of training or result
in cost -neutral actions. Increasing the membership of the HPB is designed to achieve the goal
of increasing the efficiency and effectiveness of the HPB and the repeal of City Code provisions
relating to the defunct Citizens Advisory Board will eliminate administrative confusion and
reduce the volume of the codified version of the City Code by eliminating unneeded text.
BACKGROUND:
The enactment of proposed Ordinance No. 2020-4543 by the City Commission would result in
the accomplishment of the 3 following actions:
(1). The City Commission has expressed its commitment to high ethical standards in
government by requiring in the City Code that City board members, etc., engage in annual
training relative to ethics and governmental transparency. Many courses are available online
using various non -cost sources although the City Commission has expressed a desire that board
members, at least for their initial training, be afforded in-person training which is currently
being accomplished by the City Clerk in collaboration with the Assistant City Attorney. The
proposed Ordinance No. 2020-4543 would modify the existing City Code requirements to
implement that policy direction of the City Commission.
(2). Currently, the City's historic preservation regulations included in. Schedule "S" of the
City's Land Development Regulations within the City Code provide that the HPB shall consist
of five (5) members. The HPB, in order to increase the efficiency and effectiveness of the HPB,
has recommended that the HPB membership be modified to have 5 member and 2 alternates
until September 30, 2020 and, thereupon, effective October 1, 2020, the HPB would consist of
7 members with the alternate members becoming new full members of the HPB with terms
ending on September 30`h of the year established by the City Commission. The City
Commission could also appoint alternate members to serve on the HPB as may be determined
to be advisable from time -to -time.
(3). The Citizens Advisory Board has become a defunct and inactive body. Its purpose is no
longer needed. The repeal of Section 2-311 through Section 2-315 of the City Code would
eliminate the unnecessary body.
LEGAL REVIEW:
The City Attorney's office has reviewed this matter and drafted Ordinance No. 2020-4543. The
City Attorney has stated that the provisions of the proposed ordinance relating to the HPB are
not substantive provisions of the City's Land Development Regulations which would require
review and recommendation by the Planning and Zoning Commission in that they are
procedural changes that need not be reviewed for consistency with the City's Comprehensive
Plan.
The City Commission approved the first reading of Ordinance No. 4543 on March 9, 2020.
The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on March 15,
2020.
RECOMMENDATION:
Staff recommends the adoption of Ordinance No. 2020-4543.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 2020-4543."
Attachment: Ordinance No. 2020-4543