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93-2888 Ordinance ORDINANCE NO. 93-2888 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE SECTION 2-1.3 ENTITLED "SERVING ON MORE THAN ONE BOARD OR COMMISSION PROHIBITED" BY EXEMPTING FROM THE DUAL SERVICE PROHIBITION INDIVIDUALS WHO ARE APPOINTED TO BOARD MEMBERSHIP BY VIRTUE OF THEIR MEMBERSHIP ON OTHER CITY BOARDS OR COMMITTEES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Miami Beach City Code section 2-1.3 entitled "Serving on More Than One Board or Commission Prohibited" is hereby amended to read as follows: section 2-1.3. Serving on More Than One Board or Commission Prohibited. No person shall be appointed or elected to, or serve on, more than one board or commission of the City whether such board or commission now existing or hereafter created or constituted under the State Constitution, act of legislature, the Charter of the City, or any ordinance or resolution of the City Commission. Any person hereafter appointed or elected to and accepting appointment or election to more than one board or commission, whether appointive or elective, shall be deemed to have forfeited forthwith all appointment or election to any and all prior boards or commissions in which he shall have been a member. This section shall not apply to city employees who are appointed or elected to city boards or committees which pertain to city personnel or City pension funds~. nor shall this section prohibit a city board member from servinq on another city board or commission when such service by persons holdinq a particular board membership is required by law or by contract. SECTION 2. REPEALER All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. 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 4. EFFECTIVE DATE This ordinance shall take effect ten (10) days after its adoption, on December 10 , 1993. PASSED and ADOPTED this , 1993. - MAYOR ATTEST: FORM APP OVED lE~ PT. _d # BY\ ~ Date /1 / ~/13 I { ~..J. [,f~ CITY CLERK 1st reading 11/17/93 2nd reading 12/1/93 JO/ks (a:resord3\dualbd.ord) 2 OFFICE OF THE CITY ATTORNEY ~ rI JI(iomi 7J<<uA F L o R o A CITY ATTORNEY POBOX 0 MIAMI BEACH, FLORIDA 33119-;?032 TELEPHONE (305) 673-7470 TELECOPY (305) 673-7002 LAURENCE FEINGOLD COMMISSION MEMORANDUM NO. 6 7 ~ - q3 TO: MAYOR SEYMOUR GELBER DATE: NOVEMBER 17, 1993 MEMBERS OF THE CITY COMMISSION CITY MANAGER ROGER M. CARLTON FROM: LAURENCE FEINGOLD - V ( ~ CITY ATTORNEY \~~/ ~:7, ' SUBJECT: AMENDMENT TO CITY CODE SECTION 2 -1. 3 REGARDING "SERVING 011 MORE THAN ONE BOARD OR COMMISSION PROHIBITED" Miami Beach City Code section 2-1.3 entitled "Serving on More Than One Board or Commission Prohibited" presently prohibits any person from serving simultaneously on more than one City board or commission, whether appointive or elective. Exclusions to Code section 2-1.3 are limited to "City employees who are appointed or elected to City boards or committees which pertain to City personnel or city pension funds." In view of the fact that several 'city boards and committees require the membership of other individuals by virtue of their membership on another City board or committee, an additional exemption to the Code's prohibition is suggested in light of the involuntary nature of such dual service. The attached Ordinance would also exempt the members of the Board of Trustees of the Bass Museum wherein the formation of said membership has been predetermined and is, due to that predetermination, involuntary. The attached Ordinance is thus ready for commission review. JO/ks (a.r..ord3\dualbd.ca) 11 AG~~~-R - 3 -C _ DATE 12-J-q3 '-00 CONVENTION CEN'TEP DRIV= - ;C0P""r1 ;_80R - MIAMI BEACH FLORIDA 33139