(A) All boards are hereby made subject to the provisions of this subchapter. Except where otherwise provided by the City Charter, general or special law, all boards shall be reviewed by the City Commission each year. The City Commission may either sunset or continue in operation any board by a majority vote except for the following Boards: Civil Service Board, Community Development Advisory Board, Housing Authority, Historic Preservation Board, Planning and Development Board, Unsafe Structures Board, Employees’ Retirement Board, Firemen’s Pension Board and Police Officer’s Pension Board.
(B) Except where otherwise provided by the City Charter, general or special law, all appointees and reappointees to boards shall serve at the pleasure of the Commission notwithstanding that their appointment may be for a specified term. No board member appointed by the City Commission derives any property rights in his or her appointed position. At any time, the City Commission by a majority vote, may remove any board member for any reason or no reason. In the event that any appointed board member fails to follow any of the ethical criteria set forth in F.S. Chapter 112, Chapter 34 of the City of Hollywood Code of Ordinances, or this section, the City Manager may suspend the board member on an emergency basis subject to
review by the City Commission at the next regularly scheduled Commission meeting. This division shall be supplemental to all other penalty provisions contained in state law and in the city’s code.
(C) Except as otherwise expressly provided by Florida Statutes, the provisions set forth in F.S. § 112.3143(3) and (4), and § 34.02(B) of the city’s code regarding conflicts of interest, shall hereby be extended to all members of city boards and for purposes of said sections, board members shall be deemed to be “officers” of the city. This provision shall be supplemental to any applicable state law provisions regarding conflicts of interest.
(1) All city board members shall be required to disclose to their boards in advance of a particular agenda matter their real or apparent conflict of interest with respect to such matter. In accordance with F.S. § 112.3143(3) and (4), board members who have a real conflict of interest on any matter that comes before their board shall not participate in any way or vote on any such matter, unless state law provides an exception for such board member. Any city board member who is unsure of a real or apparent conflict of interest in a matter scheduled before the board shall request an opinion of the City Attorney in advance of the board meeting.
(2) Board members are prohibited from using their official positions as board members to solicit or obtain business for personal remuneration. No board member shall disclose or use information not available to members of the general public and gained by reason of his or her official position for his or her personal gain or benefit or for the personal gain or benefit of any other person or business entity.
(3) All board members shall be required to disclose to their boards, in advance of a quasi-judicial proceeding, any ex parte communications they have had regarding such matter.
(D) Except where otherwise specifically provided to the contrary in the City Charter, general or special law, a member of a city board who has four consecutive absences (whether excused or unexcused) from meetings, or misses more than 50% of the regularly scheduled meetings during any 12-month period (whether excused or unexcused), shall be automatically removed as a member of the board, and the Commission shall appoint a person to fill such vacancy. The liaison to each board shall be responsible for verifying accurate attendance records of all board meetings.
(E) Each and every board of the city shall be required to prepare and submit to the Commission for review an annual report. The annual report shall be submitted on or about February 1 of each year. Such reports shall be given to the City Commission for its review.
(F) In accordance with the State Sunshine Law and the City Charter, all city board meetings shall be open to the public and the press. Notice of all city board meetings shall be conspicuously posted on the Sunshine Board located at City Hall and accurate minutes of each board meeting shall be kept by the board liaison. No member of any municipal board, commission or agency who is present at any meeting of any such body at which an official decision, ruling or other official action is to be taken or adopted, may abstain from voting in regard to any such decision, ruling or action except when, with respect to any such member, there is or appears to be a conflict of interest under the provisions of state or city laws. Any such member who abstains in violation of this section shall be deemed to have vacated his or her position on said board and a vacancy shall be created on said board to be filled in such manner as prescribed by law.
(G) No person may be reappointed to a board if, at the time of re-appointment, the person has served (or, but for resignation, would have served) as a member of that board for nine or more consecutive years. For purposes of applying this division, all service as a board member to fill the remaining term of a board member who has resigned or been removed shall count. For purposes of applying this division only, the term of each person appointed at the annual special meeting of the City Commission to fill board vacancies shall be deemed to commence July 1 when such meeting is held after June 30. No person whose re-appointment to a board is prohibited by this division shall be eligible to serve on that board again until one year has passed since the expiration of his or her most recent term on the board. This division shall apply only to service as a board member on or after July 1, 2009.
(H) When considering the appointment or reappointment of a city board member, the City Commission shall consider the applicant’s record of real and apparent conflicts of interest.
(I) The following rules shall govern boards:
(1) The City Manager will appoint a liaison to each board unless otherwise provided.
(2) Except where otherwise specifically provided to the contrary by ordinance or resolution, a quorum is a majority of the entire membership of a board without regard to vacancies.
(3) A member who is not able to attend a meeting may participate via teleconference if the board finds the existence of extraordinary circumstances and a quorum is physically present at the site of the meeting.
(4) Members of the board shall determine meeting dates in coordination with the liaison. A minimum of ten monthly meetings is recommended, however, some boards will meet as necessary or as required by law.
(5) Boards may create subcommittees to conduct fact finding or study specific issues and make recommendations back to the board. All subcommittee meetings must follow the rules for boards.
(6) Notices of all meetings of boards and copies of minutes of meetings shall be sent to all board members and appropriate staff.
(7) All correspondence between the liaison and members is public record. Members are prohibited from engaging in an email dialogue with each other on any topic that could foreseeably be discussed by the board.
(8) Members shall not communicate with each other in reference to board business except at a publicly noticed meeting in compliance with state sunshine laws.
(9) Except as otherwise provided in the governing statutes, ordinances and/or resolutions, each year a board shall annually elect from its membership a chair and a vice-chair who shall serve at the will of the board. The officers of the boards may be designated as follows:
(a) Chair.
1. Conducts board meetings;
2. Serves as spokesperson for the board;
3. Acts as primary liaison with city staff;
4. Appoints working committees.
(b) Vice-chair.
1. Assists chair in conduct of meetings ensuring compliance with rules and procedures;
2. Conducts meetings in absence of chair.
(10) The liaison shall develop an agenda prior to the meeting unless otherwise provided by law. Each meeting agenda should include:
(a) Reading and approval of minutes;
(b) Reports of officers/committees;
(c) Reports of special committees/special presentations;
(d) Staff report;
(e) Old business;
(f) New business;
(g) Member comments;
(h) Adjournment.
(11) The board shall follow parliamentary procedure in conducting meetings.
(12) A board takes action by passing motions.
(a) A member makes a motion after being recognized by the chair.
(b) Another member must second the motion for it to be considered.
(c) The board can then discuss the motion and take a vote.
(d) All members present must cast a vote, except that a member who has a voting conflict of interest shall abstain and a member who has an appearance of a possible conflict of interest may abstain. In either case, a member who abstains must file the required form. The chair will announce the outcome after taking the vote.
(e) Once the vote has been taken, no additional discussion may occur unless the motion is formally reconsidered or rescinded.
(13) On an annual basis, each board shall receive a presentation by the City Attorney (or his or her designee) on the laws pertaining to public records and public meetings.
(14) No board shall have authority to direct staff and, except for the three Pension Boards and the Housing Authority, no board shall have authority to expend funds.
(15) In an alternate member participates in a matter and the matter is continued to a later date, the alternate member shall continue to participate in the matter until its conclusion, including voting, notwithstanding the availability of a regular member to participate on the later date.
(Ord. O-91-11, passed 3-6-91; Am. Ord. O-92-28, passed 5-20-92; Am. Ord. O-96-07, passed 2-28-96; Am. Ord. O-96-33, passed 9-18-96; Am. Ord. O-97-39, passed 10-15-97; Am. Ord. O-98-12, passed 6-3-98; Am. Ord. O-2000-12, passed 2-16- 00; Am. Ord. O-2000-14, passed 3-22-00; Am. Ord. O-2001-31, passed 9-5-01; Am. Ord. O-2009- 34, passed 11-4-09; Am. Ord. O- 2011-15, passed 5-4-11; Am. Ord. O-2015-12, passed 6-17-15)