TO: Mayor and Commissioners
FROM: Lynn Gelin, City Attorney
DATE: April 16, 2024
Title
CONSIDERATION OF REMOVAL OF DDA BOARD MEMBER, RICHARD BURGESS PURSUANT TO ARTICLE 8.2, SECTION 8.2.2(C) OF THE CITY OF DELRAY BEACH LAND DEVELOPMENT REGULATIONS.
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Background:
On March 29, 2024, pursuant to the consensus of the City Commission, a notice was served on Richard Burgess that the City Commission would consider his removal from the Downtown Development Authority (DDA) at its April 16, 2024, regular commission meeting. Mr. Burgess confirmed receipt of this notice.
Section 8.2.2(C) of the Land Development Regulations of the City of Delray Beach provides the following:
the City Commission shall by vote of a majority of its entire membership appoint the members of the Authority, and by vote of four-fifths of its entire membership, after notice specifying the charges and a hearing held not earlier than ten days after personal delivery of notice or mailing thereof by registered or certified mail addressed to the member at his or her latest known residence, the City Commission may remove a member of the Authority for good cause, including willful neglect of duty, incompetence or unfitness to perform his or her duty, or conviction of an offense involving moral turpitude. A member so removed shall be entitled to review by the circuit court of the action taken.
By way of background, an ethics complaint was filed against Mr. Burgess alleging that he falsified information on his application to become a member of the DDA. An investigation was commenced by the Palm Beach County Commission on Ethics (COE) resulting in a negotiated settlement. As part thereof, Mr. Burgess, the respondent, admitted to violating section 2-443(h) of the Palm Beach County Code of Ethics, which states:
Honesty in applications for positions. No person seeking to become an official or employee, or seeking any promotion or job reassignment within the public entity that currently employs them, or seeking to enter into a contract or otherwise seeking to provide goods or services to the county or municipality as applicable, may make any false statement, submit any false document, or knowingly withhold information about wrongdoing in connection with employment by or services to the county or municipality as applicable.
A letter of reprimand was subsequently issued by the COE as part of the negotiated settlement on March 7, 2024.
In order to remove a board member of the DDA, a super majority of the City Commission must find good cause which includes “willful neglect of duty, incompetence or unfitness to perform his or her duty, or conviction of an offense involving moral turpitude.” While there is no definition of “good cause” within Section 8.2.2, good cause typically requires a well-reasoned, articulated justification for taking a certain action; here, the removal of a board member. In the event the City Commission votes to remove Mr. Burgess, the decision can be reviewed by the circuit court, presumably through a Writ of Certiorari.
City Attorney Review:
Approved as to form and sufficiency.