TO: Mayor and Commissioners
FROM: R. Max Lohman, City Attorney
DATE: September 7, 2017
Title
ADOPTION OF ORDINANCE NO. 31-17 AMENDING CHAPTER 32, “DEPARTMENTS, BOARDS AND COMMISSIONS” AMENDING SECTION 32.15, “DEFINITIONS,” SECTION 32.17, “GROUNDS FOR REMOVAL”; AND REPEALING SECTION 32.18, “PROCEDURE”. (SECOND READING)
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Recommended Action:
Recommendation
Motion to Approve Ordinance No. 31-17 on second reading.
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Background:
This proposed ordinance seeks to amend Chapter 32, specifically, section 32.15, “Definitions,” section 32.17, “Grounds for Removal,” and section 32.18, “Procedure.” Currently, City Board Members may only be removed for cause, after notice and hearing before the City Commission. This amendment eliminates the requirement of specific grounds for removal as well as the rigorous method required to remove a City Board Member. Rather, as a result of this change to Chapter 32, City Board members would serve at the pleasure of the Commission and could be removed without cause by a majority vote of the Commission. The removal of a City Board Member would take effect immediately.
All City Board Members would be subject to removal without cause by a majority vote of the Commission with the exception of the City’s Boards that are governed by state statute or special law (Code Enforcement Board, Community Redevelopment Agency, Downtown Development Agency and the Delray Beach Housing Authority).
City Attorney Review:
Approved as to form and legal sufficiency.