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and the same are hereby repealed.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
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OFFICE OF THE CITY ATTORNEY
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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.
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AG~~~-R - 3 -C _
DATE
12-J-q3
'-00 CONVENTION CEN'TEP DRIV= - ;C0P""r1 ;_80R - MIAMI BEACH FLORIDA 33139