Ordinance 96-3031 ORDINANCE NO. 96-3031
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,
AMENDING MIAMI BEACH CITY CODE SECTION 2-1.3
THEREOF ENTITLED "SERVING ON MORE THAN ONE
BOARD OR COMMISSION PROHIBITED" BY PROVIDING
THAT A PERSON MAY SERVE ON MORE THAN ONE
BOARD OR COMMISSION WHEN SUCH OTHER
MEMBERSHIP(S) IS ON AN "AD HOC" BOARD OR
COMMISSION CREATED TO CARRY OUT A SPECIFIED
TASK TO BE ACCOMPLISHED WITHIN A STATED TIME
PERIOD (NOT TO EXCEED ONE YEAR) AT WHICH TIME
IT AUTOMATICALLY CEASES TO EXIST,OR WHEN SUCH
OTHER MEMBERSHIP(S) IS ON A BOARD OR
COMMISSION CREATED BY THE MAYOR AS A
"MAYOR'S BOARD OR COMMISSION", 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. AMENDMENT OF CITY CODE SECTION 2-1.3
That Miami Beach City Code §2-1.3 entitled "Serving on More Than One Board or
Commission Prohibited" is hereby amended to read as follows:
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 serving on another City board or commission when such service
by persons holding a particular board membership is required by law or by contract,
nor shall this section prohibit a person from serving on more than one board or
commission when such other membership(s)is on a board or commission designated
as "Ad Hoc" which is defined as a board or commission which is created to carry out
a specified task to be accomplished within a stated time period (not to exceed one
year) at which time it automatically ceases to exist, or when such other
membership(s) is on a board or commission created by the Mayor as a "Mayor's
Board or Commission".
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. 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
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validity of the remaining portions of this ordinance.
SECTION 4. REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 5. AN EFFECTIVE DATE
This Ordinance shall take effect on the 3rd day of February , 1996.
PASSED and ADOPTED this 24th day of January , 1996.
ATTEST: A1111L_a
MAYOR
G.44.4.- PaA.cJJA
CITY CLERK
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FORM APPROVED
LEGAL D T
By /
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OFFICE OF THE CITY ATTORNEY
624 dy:IPAwni Wald
F L O R 1 D A
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MURRAY H. DUBBIN soh Telephone: (305) 673-7470
City Attorney °`" Telecopy: (305) 673-7002
COMMISSION MEMORANDUM NO. 3 e -`"I G.
TO: MAYOR SEYMOUR GELBER DATE: JANUARY 24, 1996
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JOSE GARCIA-PEDROSA
FROM: MURRAY H. DUBBIN
CITY ATTORNEY
SUBJECT: AMENDING MIAMI BEACH CITY CODE SECTION 2-1.3 ENTITLED
"SERVING ON MORE THAN ONE BOARD OR COMMISSION
PROHIBITED" TO PROVIDE FOR "AD HOC" AND "MAYOR'S BOARD
OR COMMISSIONS" EXEMPTIONS
Attached is an Ordinance which was passed on first reading on January 10, 1996, which
Ordinance incorporated an exception for" Ad Hoc" Committee membership from City of Miami
Beach City Code Section 2-1.3's prohibition on persons serving on more than one board or
committee;as a result of Commission discussion on this item,the following additional language has
been included:
1)clarifying the length of term of an "Ad Hoc" board or committee to not exceed a
one year period; and
2)exempting from the Code proscription concerning service on more than one board
or commission membership on a "Mayor's Board or Commission".
The additional language does not constitute a material change in the Legislation from that presented
to the City Commission on January 10, 1996--accordingly,the Ordinance is ready for Commission
review of this matter on second reading.
AGENDA \ 1 fs
ITEM
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DATE
1700 Convention Center Drive—Fourth Witr—Miami Beach,Florida 33139
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