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HomeMy WebLinkAboutOrdinance No. 17-1992*NOTE: ORDINANCE NO. 17 -92, MOTION FOR FIRST READING FAILED BY 2 TO 2 VOTE AT REGULAR CITY COUNCIL MEETING HELD ON AUGUST 21, 1992. ORDINANCE NO. 17 -92 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REVISING ARTICLE XXIV, SECTION 8, NEPOTISM, OF THE CITY OF CAPE CANAVERAL CHARTER; PROVIDING A STATEMENT OF POLICY; REQUIRING THAT NO MEMBER OF THE IMMEDIATE FAMILY OF THE MAYOR OR MEMBER OF CITY COUNCIL TO BE ELIGIBLE TO BE A MEMBER OF ANY APPOINTIVE BOARD, COMMISSION OR SPECIAL DISTRICT; REQUIRING THAT ONLY ONE FAMILY MEMBER TO BE A MEMBER OF ANY BOARD, COMMISSION OR SPECIAL DISTRICT; PROVIDING DECLARATION BY APPLICANTS OF FAMILY RELATIONSHIP; PROVIDING FOR THE SUBMISSION TO THE ELECTORS OF THE CITY OF CAPE CANAVERAL THE PROPOSED AMENDMENT TO ARTICLE XXIV, SECTION 8 OF THE CITY OF CAPE CANAVERAL CHARTER; PROVIDING FOR A SUBMISSION CLAUSE TO APPEAR ON THE BALLOT OF THE REFERENDUM ELECTION AT WHICH THE PROPOSED AMENDMENT TO THE CITY CHARTER SHALL BE VOTED UPON; PROVIDING FOR NOTICE OF PROPOSED AMENDMENT; PROVIDING FOR PRESERVATION OF EXISTING TERMS OF OFFICE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Cape Canaveral, Florida as follows: Section 1. Statement of Policy. (a) The City Council finds that the successful operation of City Government and its appointive boards, commissions and special districts is dependent upon the independent exercise of judgement by each member of any such board, commission or special district. (b) The City Council has determined that the inclusion of family members of the Mayor or members of the City Council on such appointive boards, commissions, and special districts may impair the independent exercise of judgement of the Mayor or the members of City Council or the members of such appointive boards, commissions, and special districts. (c) The City Council has further determine • that the inclusion of more than one (1) family member on any appointive board, commission or special district will limit the depth and breadth of views and experience that the City requires and desires in the composition of said boards, commissions or special districts. (d) The City Council finds that, in order to carry out its policy with respect to the composition of its appointive boards, commissions and special districts, each applicant should be required to disclose whether any family member serves on the City Council or on any appointive board, commission or special district. Section 2. Article XXIV, Section 8, Nepotism, of the City of Cape Canaveral Charter is hereby amended to read as follows: ARTICLE XXIV SECTION 8, NEPOTISM No member of the immediate family of the Mayor or a member of the City Council shall be eligible to hold a salaried position with the City of Cape Canaveral. No member of the immediate family of the Mayor or a member of the City Council shall be eligible to be a member of any board, commission, or special district of which the members are appointed by the City Council. Only one (1) immediate family member may serve on any such board, commission, or special district at one time. Each applicant for any such board, commission or special district must declare under oath that no immediate family member is the Mayor, a member of City Council, of a member of any such board, commission or special district in order to be eligible for appointment. Immediate family shall be deemed to include spouse, parent, child, grandparent, grandchild, and sibling of the whole or half blood. Section 3. This Ordinance shall be submitted for approval to the qualified electors of the City of Cape Canaveral at the general election be held on November 3, 1992. This Ordinance shall not become effective unless a majority of the qualified electors of the City of Cape Canaveral vote in favor of the proposed amendment to the City Charter as described in Section 2 of this Ordinance at the next general election held in the City of Cape Canaveral on November 3, 1992. In the event a majority of the qualified electors of the City of Cape Canaveral vote in favor of the proposed amendment contained in Section 1 of this Ordinance, the amendment to Article XXIV, Section 8 of the City of Cape Canaveral Charter shall be effective on January 1, 1993. Section 4. The voting machines and paper ballots for the November, 1992 general election at which the proposed amendment to Article XXIV, Section 8 of the City of Cape Canaveral shall carry the following designation, which shall be the submission clause: CHARTER AMENDMENT SHALL THE CHARTER OF THE CITY OF CAPE CANAVERAL BE AMENDED TO INCLUDE A MORE DEFINITIVE NEPOTISM POLICY? "Shall the City of Cape Canaveral Charter, article XXIV, City of Cape Canaveral, Florida Ordinance No. 17 -92 Page 3 Section 8, Nepotism, be amended to prohibit immediate family members of the Mayor and members of City Council from serving as members of any board, commission or special district, who are appointed by the City Council, to prohibit more than one family member from serving on appointive boards, to require an oath regarding family memberships, and to provide a definition of immediate family member ?" YES - For Approval Charter Amendment NO - For Rejection Charter Amendment Each elector of the City of Cape Canaveral voting at said election and desirous of voting for or against said amendment shall indicate his or her choice by depressing the appropriate counter of the voting machine which indicates the word "Yes" or the word "No ", or by so signifying on a paper ballot, if and when used. Section 5. The proper officials of the City of Cape Canaveral shall give notice of the proposed amendment to be presented at the November 3, 1992 general election, which notice shall be published in the manner and for the length of time required by law. Section 6. If any provision, paragraph, word, section, or article of this Ordinance is invalidated by any court of competent jurisdiction, the remaining portions, paragraphs, words, sections, and articles shall not be affected thereby and shall continue in full force and effect. Section 7. All Ordinances and parts of Ordinances inconsistent or conflicting with any part of this Ordinance are hereby repealed to the extent of such inconsistency or conflict. Section 8. This Ordinance, as an act of the City Council submitting the proposed amendment to Article XXIV, Section 8 of the City of Cape Canaveral Charter, shall take effect immediately upon its adoption, subject to the vote of the qualified electors of the City of Cape Canaveral at the November 3, 1992 general election. This Ordinance shall not be construed to shorten, terminate, or otherwise limit the term of office of any member of any appointive board, commission, or special district presently serving in office. The appointment by the City Council of any member of any board, commission, or special district occurring on or after January 1, 1993, shall be in conformity with this Ordinance. City of Cape Canaveral, Florida Ordinance No. 17 -92 Page 4 ADOPTED BY the City Council of the City of Cape Canaveral, Florida this ATTEST: day of , 1992. Faith G. Miller, CITY CLERK Approved as to Form: John R. Kancilia, CITY ATTORNEY 1 Joy C. Salamone, MAYOR