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HomeMy WebLinkAboutLegislation FRCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16-00371 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY", TO AMEND SECTION 2-885, ENTITLED "TERMS OF OFFICE; TERM LIMIT WAIVER", AND SECTION 2-886, ENTITLED "ATTENDANCE REQUIREMENT", TO PROVIDE THAT BOARD MEMBERS' TERMS MAY ONLY BE EXTENDED FOR ONE (1) ADDITIONAL ONE (1) YEAR TERM; PROVIDING THAT SUCH EXTENSION MUST BE APPROVED BY FIVE (5) MEMBERS OF THE CITY COMMISSION; FURTHER PROVIDING THAT BOARD MEMBERS WILL ONLY BE ENTITLED TO ONE (1) EXCESSIVE ABSENCE WAIVER DURING THEIR TENURE AS A MEMBER OF A BOARD; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 2/Article XI/Division 2 of the Code of the City of Miami, Florida, as amended ("City Code"), is amended in the following particulars: {1} "CHAPTER 2 - ADMINISTRATION ARTICLE XI. - BOARDS, COMMITTEES, COMMISSIONS * * * DIVISION 2. - STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY * Sec. 2-885. - Terms of office; term limit waiver. (a) Unless otherwise specifically provided in the charter or the Code, the terms of office of the members of each board shall be: (1) One year; (2) Until the nominating commissioner leaves office; or (3) Until recommended for removal, at the will of the nominating commissioner, voted upon by the members of the city commission, whichever occurs first. When the nominating commissioner leaves office the board member's term shall expire. Vacancies on boards shall be filled by the commission for the unexpired term. Board members shall continue to serve until City of Miami Page 1 of 3 File Id: 16-00371 (Version: 1) Printed On: 3/14/2016 File Number: 16-00371 their successors have been appointed and qualified. The provisions of this section shall not apply to the downtown development authority. (b) Unless otherwise specifically provided in the Charter or the Code, no board member shall serve more than eight consecutive years on any one board. The provisions of this section shall be applied prospectively to current board members. Nothing set forth in the subsection above shall prohibit any individual from being reappointed to a city board after a hiatus of two years. (c) Unless otherwise specifically provided in the Charter or the Code, the eight -consecutive -years limitation contained in subsection (b) of this section may only be waived once for a particular board member who has completed eight (8) consecutive years to permit such board member to be reconsidered annually for an one (1) additional one-year term by a unanimous vote of the five (5) members of the city commission. Sec. 2-886. - Attendance requirement. (a) Notwithstanding any other provision of this Code, any board member shall be automatically removed if, in a given calendar year: (1) He or she is absent from three consecutive meetings; or (2) He or she is absent from four of the board's meetings; (3) Provided that regardless of their compliance with subsection (a)(1) and (2) hereinabove, members must attend at least 50 percent of all the board meetings held during a year. (b) A member of a city board shall be deemed absent from a meeting when he or she is not present at the meeting at least 75 percent of its duration. (c) The provisions of this section may only be waived once by a four -fifths vote of the members of the full city commission. (d) The provisions of this section shall not apply to municipal board members, as defined in F.S. § 112.501, as amended, and to those individuals who are members of city boards and who are: (1) Reservists in the United States Armed Forces or members of the Florida National Guard, and have been ordered to active military duty for national, state, or homeland defense and due to such duty cannot attend board meetings, or (2) Employees of agencies whose services are considered essential for national, state, or homeland defense and due to such services cannot attend board meetings. Section 3. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor. {2} APPOVED AS TO FORM AND CORRECTNESS: VI( fORIA r 1ENDEZ CITY ATTORNEY City of Miami Page 2 of 3 File Id: 16-00371 (Version: 1) Printed On: 3/14/2016 File Number: 16-00371 Footnotes: {1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are not in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. Ciry of Miami Page 3 of 3 File Id: 16-00371 (Version: 1) Printed 0n: 3/14/2016