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HomeMy WebLinkAboutItem #38 - First Reading OrdinanceAN MINANCE AMENDING SECTION 14-29, ENTITLEb "bOWNTOWN DEVELOPMENT AUTHORITY BOARD - REMOVAL OP MEMBERS110 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENbEb, BY RENUMBERING THE EXIST- I ING SECTION TO READ SUBSECTION (s) AND BY ADDING NEW SUBSECTIONS (b) AND (c), THEREBY PROVIDING FOR THE MRCISE BY THE BOARD OF THE DOWNTOWN DEVELOPMENT AUTHORITY OF THE POWER TO REMOVE BOARD MEMBERS FOR NONATTENDANCE AT BOARD MEET- INGS AND PROVIDING AN APPEAL PROCEDURE TO THE i CITY COMMISSION BY ANY MEMBER REMOVED FOR SUCH NONATTENDANCE, FURTHER CONTAINING A REQUIREMENT THAT PRIOR WRITTEN NOTICE BE GIVEN ANY MEMBER WHOSE REMOVAL IS THE SUBJECT OF CONSIDERATION AT A CITY COMMISSION MEETING; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Section 14-29 of the Code of the City of Miami, l/ Florida, as amended, is hereby amended in the following particulars: "Sec. 14-29. S-ame--Removal of members. (a) ur�uant to notice a d an opportunity to be heard, an appo ntFd member of the o rd may be removed for cause by the city commission. such removal shall be subject to r�ieyt' by th c - it urt of the circuit having juris- dict n. (b)'fi) Pursuant to notice and an opportunity to be heard, an appointed member may be removed by the board for nonattend- ance at board meek ence of a board membe& from 3 consective regu- lar meetin s of -tile board without idence of extenuating circumst nce shall constitute pri acie proof of_good cause for his or her rep6val tom he rd Absence of a board member from 5 -n s f far u a eriod of 12 conse ive onths without evidence of extenuati cir- cumstance shall al o constitute prima facie proof of od cause for his or h'er removal from the board. (iii) An affirmative vote of a maj"o—rity of all oard` - members shall be required prior to tKe removal by thd board for nonattendance. (iv) Removal under the proisions of this bsection shall be final and conclusive exc t that withi 5 calen- dar days after notice of such removal has been sent by certi- fied mail, return receipt requested, to said member, he or she shall have the right to appeal in writing, through the filing of said appeal with city clerk, to the city commission which may by an affirmative vote of four -fifths of the members of the commission disapprove such removal. Upon failure of the city commission to disapprove the removal after its con- sideration of the same, said removed member shall have the right to have the removal reviewed by a court of proper iuria- diction. -------------------------------v —r CITY COMMISSION 1/ Underscored words and/or figu MEETING OF posed. Remaining provisions QEC14i981 changed, - pRDIMN Np+..,•.. ..»..•ice» � .' �7 . i RE DIN .•n••M�.w j toawls ...............»........ !`