2023-02 Code Amendment - Boards and CommitteesORDINANCE NO. 2023-02
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 LIMIT THE
TERM OF THE CHAIRPERSONS, REQUIRE THE SCHEDULING OF MONTHLY
MEETINGS AND MODIFY AND SUPPLEMENT THE PROCEDURES FOR
REMOVAL OF MEMBERS; 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: (1) limit the term of the chairperson
to one year and prohibit consecutive terms as chairperson; (2) require each board or committee to
schedule a meeting once per month; and (3) to revise the procedure for removal of members for absences
and allow the Village Manager to remove members under prescribed circumstances; and
WHEREAS, the Village Council determines that the adoption of this Ordinance is in the interests of the
public health, safety and welfare.
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 s rieke tiff ,,, nh :
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.
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(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.
(h) Terms of members.
(1) The terms of members shall be established in the ordinance creating the
board or committee. Notwithstanding the foregoing, the village council
may, at the time of appointment, modify the term of any member in order
to provide for staggered terms.
(2) Members whose terms have expired shall continue to serve until their
successors are appointed.
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(3) Board and committee members may be reappointed to successive terms.
(4) Appointments to fill vacancies on any board or committee shall be for the
remainder of the unexpired term.
(i) Officers.
(1) All boards and committees shall, at a meeting during the month of May,
elect a chairperson, a vice -chairperson, and any other officers as the board
deems necessary. The chairperson shall preside at board meetings and
shall be the official spokesperson for the board. The term of the
chairperson shall be for one-year, and any person who has served as
chairperson for one term shall not serve as chairperson during the
following_ year. However, beginning one year after termination of his or
her term as chairperson, he or she may again serve as chairperson.
(2) The vice -chairperson shall assume the duties of the chairperson in the
absence of the chairperson. At any meeting where the chairperson and the
vice -chairperson are absent, the board or committee shall appoint a
chairperson pro tempore to assume the duties of the chairperson.
0) Rules. Each board and committee shall adopt rules and regulations
regarding the manner of conducting its meetings, which shall be consistent with the rules
and regulations prescribed by the village council. Each board and committee shall adhere
to the basic rules of parliamentary procedure, which require that:
(1) All items of business and motions that are properly before the board or
committee are fully and freely discussed;
(2) Only one (1) issue or motion be considered at a time;
(3) All members direct their remarks to the chairperson and wait to be
recognized by the chairperson;
(4) While majority rules, the rights of the minority are protected by assuring
them the ability to speak and vote; and
(5) All members refrain from making personal remarks or otherwise attacking
the motives of other members.
(k) Meetings.
(1) All village advisory boards and committees shall e d er- -to schedule a
regular meeting once per month. Meetings shall be held at the call of the
chairperson, at such other times as the board or committee may determine,
or as otherwise provided by law or ordinance. Special meetings may be
called by the chairperson or by written notice signed by a majority of all
members and shall not be held unless at least forty-eight (48) hours notice
is given to each member and to the village clerk.
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(2) Members shall notify the chairperson if they are unable to attend a
meeting. If a quorum will not be present, the scheduled meeting shall be
cancelled.
(3) Minutes shall be kept of the proceedings at each meeting and shall record
the official acts taken by the board or committee. Minutes shall be
transmitted to, and maintained by, the village clerk.
(4) All meetings and public hearings of village boards and committees shall
be open to the public. All meetings shall be governed by Government -in -
the -Sunshine Law, as set forth in F.S. § 286.011.
(5) Absent exigent circumstances, no board or committee meeting shall begin
prior to 5:30 p.m. and all meetings shall be adjourned on or before 11:00
p.m. on the date when the meeting convened.
(1) Quorum and required vote.
(1) Unless otherwise provided by law or ordinance, a quorum for the
transaction of business shall consist of four (4) members.
(2) The affirmative vote of a majority of those present shall be necessary to
take official action. If any motion fails to achieve the affirmative vote of
a majority of those present, then such petition or other matter shall be
deemed denied.
(m) Removal of members.
(1) Unless waived by the village council, any member who no longer resides
within the village during his or her term shall automatically cease to be a
member of the board or committee and shall inform the village clerk's
office.
(2) If any member of a board or committee is absent from three (3)
,-.ansee tiye regular meetings or twenty five
(25) per -cent of the egul—a .
meetings within a twelve-month period (from May 1 st to April 30 th ), the
village clerk shall notify the member in writing that he or she shall be
removed from the board or committee village •„^i' of sueh able
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Within ten (10) days of receipt of notification
of his or her removal, the member may appeal his or removal to the village
manager in writing. The decision of the village manager shall be final.
The village eg manager may, at his or her discretion, remove a member for:
attacking the motives of other board or committee members, members of
village staff or village consultants; making derogatory, abusive, profane,
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threatening or vulgar remarks or comments; or for any other conduct that,
in the village manager's sole determination, reflects poorly upon the
village. The decision of the village manager shall be final.
(n) Resignation of members. Members of boards or committees may resign at
any time, by submitting a written letter of resignation to the village clerk.
(o) Clerical/technical support. The village manager may furnish the board or
committee necessary clerical services and technical assistance.
(p) Dissolution of boards. Unless otherwise provided by law or ordinance, the
village council may dissolve a board or committee if the village council determines that
the board is no longer needed to meet the purposes for which it was established.
Section 3. The provisions of this Ordinance shall become and be made a part of the Code of the
Village of North Palm Beach.
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 12TH DAY OF JANUARY, 2023.
PLACED ON SECOND, FINAL READING AND PASSED THIS 26TH DAY OF JANUARY, 2023.
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