Ordinance 96-3060 ORDINANCE NO. 96-3060
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,
AMENDING CITY CODE SECTION 2-1.2.1. ENTITLED
"BOARD AND COMMITTEE MEMBERS-REMOVAL FOR
EXCESSIVE ABSENCES" BY AMENDING SUBSECTION(b)
THEREOF SO AS TO CONFORM SAME TO SUBSECTION
(a) OF THIS SECTION PROVIDING FOR REMOVAL
OF BOARD AND COMMITTEE MEMBERS WITH THREE
(3) ABSENCES WITHIN A CALENDAR YEAR WITHOUT
GOOD AND SUFFICIENT CAUSE; PROVIDING FOR
CODIFICATION; REPEALER; SEVERABILITY AND
EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA:
SECTION 1.
That Section 2-1.2.1 of the Miami Beach City Code entitled"Board and Committee Members
- Removal for Excessive Absences" is hereby amended to read as follows:
2-1.2.1 Board and Committee members - Removal for excessive
absences.
a) It shall be a condition of appointment to and continued
membership on city boards and committees that three absences within
a calendar year without good and sufficient cause therefor by any
member of the board or committee from duly held or called meetings
of said board or committee, shall result in the automatic removal of
such member from that board or committee.
b) Each board and committee shall establish standards as to what
causes for absence shall be deemed good and sufficient. When a
board or committee member has cxcccdcd three absences without
sufficient cause in a calendar year the City Clerk shall send a letter
notifying the member of his/her removal. Such removal shall create
a vacancy in the membership which shall be filled in the same
manner as the original appointment, or according to the governing
legislation if an alternative method is provided.
SECTION 2. CODIFICATION
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the Code
of the City of Miami Beach,Florida. The sections of this ordinance may be renumbered or relettered
to accomplish such intention, and the word "ordinance" may be changed to "section", "article," or
other appropriate word.
SECTION 3. REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
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SECTION 4. SEVERABILITY
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction,then said holding shall in no way affect the
validity of the remaining portions of this ordinance.
SECTION 5. AN EFFECTIVE DATE
This Ordinance shall take effect on the 30th day of November , 1996.
PASSED and ADOPTED this 20th day of No -mber , 19%.
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ATTEST: AMA``
MAYOR
CITY CLERK
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1st reading 11/6/96
2nd reading 11/20/96
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FORM APPROVED
LEGAL DE'T.
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Cate 726._ .
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OFFICE OF THE CITY ATTORNEY
64 tycArmi• Wale%
F L O R I D A
r�Pr Bf'`s
MURRAY H. DUBBIN ;tea,
Telephone: (305) 673-7470
City Attorney " Telecopy: (305) 673-7002
COMMISSION MEMORANDUM NO. 4,tJ 8 -c]to
DATE: NOVEMBER 6, 1996
TO: MAYOR SEYMOUR GELBER,
MEMBERS OF THE CITY COMMISSION AND
CITY MANAGER JOSE GARCIA-PEDROSA
FROM: MURRAY H. DUBBIN/
CITY ATTORNEY
SUBJECT: HOUSEKEEPING ORDINANCE -- AMENDING CITY CODE §2-1.2.1 "BOARD
AND COMMITTEE MEMBERS - REMOVAL FOR EXCESSIVE ABSENCES"
It has recently been brought to the attention of the City Attorney's office that City Code §2-1.2.1
entitled "Board and Committee Members - Removal for Excessive Absences" contains inconsistent
language concerning the number of unexcused absences a City of Miami Beach board or committee
member may have before removal from membership. Specifically, subsection (a) of this Code section
states that three absences within a calendar year without good and sufficient cause shall result in the
automatic removal of the member from a board or committee; conversely, subsection(b)states that"when
a board or committee member has exceeded three absences without sufficient cause in a calendar year,the
City Clerk shall send a letter notifying the member of his/her removal."
Historically, the City Clerk's office has issued a notice of board member removal upon three
unexcused absences of a board member. Accordingly, the attached Ordinance has been prepared as a
housekeeping matter for the purpose of correcting the apparent inconsistency between the subject City
Code section, so as to make it clear that a board and committee member of the City of Miami Beach shall
be removed from board membership upon the occurrence of three unexcused absences within a single
calendar year.
JKO:sct:jean"E"\bd-comm.em
Agenda Item R 5
Date 11 (�
1700 Convention Center Drive— Fourt& oor— Miami Beach, Florida 33139
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