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HomeMy WebLinkAbout2024-05 Code Amendment - Prohibiting Remote Participation by Members of Village Boards and CommitteesORDINANCE NO. 2024-05 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE I, "IN GENERAL," OF CHAPTER 2, "ADMINISTRATION," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 2-1, "BOARDS AND COMMITTEES," TO PROHIBIT REMOTE PARTICIPATION BY MEMBERS OF VILLAGE BOARDS AND COMMITTEES; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 2-1 of the Village Code of Ordinances governs the appointment and operation of Village boards and committees; and WHEREAS, the Village Council wishes to amend Section 2-1 to reinstate the prohibition against advisory board and committee members participating as a member or voting by telephone, video conferencing, or any other electronic means; and WHEREAS, the Village Council determines that the adoption of this Ordinance is in the best interests of the Village and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. Section 2. The Village Council hereby amends Article I, "In General," of Chapter 2, "Administration," of the Village Code of Ordinances as follows (additional language is underlined and deleted language stricken through): Sec. 2-1. Boards and committees. (a) Purpose. The purpose of this section is to establish procedures for village boards and committees. Except as specifically provided by law or ordinance, all boards and committees are advisory only and the existence of such advisory boards and committees does not diminish or alter the statutory or constitutional authority of the village council. (b) Scope. The provisions of this section shall apply to all village boards and committees an shall govern the conduct of all members of such boards. (c) Creation of advisory boards. The village council may, by ordinance, create a board or committee in connection with any function of the village. The ordinance creating such board shall specify the purpose, powers, and duties of the board. Nothing set forth herein shall prevent the village council from creating ad hoc committees of limited duration by resolution. Page 1 of 3 (d) Records. Each board and committee shall maintain attendance records and voting records of each member and shall forward such information to the village clerk. The records shall include the reason given by the board or committee member for any absence. (e) Compensation of members. Board and committee members shall serve without compensation except as may be provided by ordinance or resolution of the village council. (f) General provisions. Members of village boards and committees: (1) Shall serve at the pleasure of the village council and may be removed with or without cause by a vote of the village council; (2) Shall be a resident of the village and maintain residency in the village during the term of appointment (unless waived by the village council) and meet such other eligibility requirements as may be established by the village council; (3) Shall not hold any employment or office in village government or any contractual relationship with the village; (4) Shall serve on only one village board or committee where membership on two boards or committees would violate the constitutional dual office - holding prohibition; (5) Shall not appear before the board or committee on which they serve or the village council as an agent or attorney on behalf of any person or entity; (6) Shall not have or hold any employment or contractual relationship that will create a continuing or frequently recurring conflict between their private interests and the performance of their public duties or that would impede the full and faithful discharge of their public duties; and (7) Shall not initiate any grievance or complaint against any person appearing before the board or committee on which they serve without the approval of the village manager:; and M Shall attend all meetings in person and shall not participate as a member of any board or committee or vote on anv matter by telephone, video conferencing, or any other electronic means. *** Section 3. The provisions of this Ordinance shall become and be made a part of the Code of the Village of North Palm Beach. Page 2 of 3 Section 4. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative, or void, such holding ( shall not affect the remainder of this Ordinance. Section 5. All Ordinances or parts of Ordinances or resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 6. This Ordinance shall take effect immediately upon adoption. PLACED ON FIRST READING THIS 11 TH DAY OF APRIL, 2024. PLACED ON SECOND, FINAL READING AND PASSED THIS 25TH DAY OF APRIL, 2024. ATTEST: /VILLAG1 CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VILLAGE ATTORNEY MAYOR Page 3 of 3