§ 2-76. Members generally; advisory members.

(a)

All voting members of city boards, agencies, authorities, committees and commissions shall be residents of the city, unless the provisions of the Code specifically authorize a nonresident to serve.

(b)

Nonresidents of the city may be appointed to boards, agencies, authorities, committees, and commissions in an advisory capacity and shall not receive reimbursement for expenses under section 2-78.

(c)

Each commissioner and the mayor may appoint to each board, agency, authority, committee, and commission one (1) nonresident having expertise or professional experience relating to the area of responsibility of the board, agency, authority, committee or commission.

(d)

Employees are not eligible for appointment to or to serve on any city board, agency, authority, committee or commission established pursuant to the Charter, ordinance, this Code or resolution. For the purpose of this section, the term "employee" shall refer to any part-time, full-time, temporary or permanent personnel who receive wages from the city for work performed, including elected officials, as well as professional consultants who have contracts with the city.

(e)

Two (2) members of the same family, including husband, wife, sons and daughters in any combination, cannot serve as members of the same city board, agency, authority, committee or commission at the same time.

(f)

All applicants for or voting members of city boards shall be subject to a comprehensive background check to include areas set forth in subsections (h)(1) through (3) below, and shall sign all paperwork necessary to enable the city to perform said background check. Should any sitting member of a city board, agency, authority, committee or commission be found to have a criminal history, the city commission may remove him or her from his or her position.

(g)

Any member missing three (3) consecutive meetings or three (3) non-consecutive meetings in any calendar year without notification to the applicable board liaison prior to the meeting, shall be automatically removed from his or her position. The applicable board liaison shall notify the city clerk that a member has been removed. The original appointer shall then appoint a new member to fill the vacant position.

(h)

Any member appointed to a city board shall forfeit his or her office, and said office will become vacant, if said person has or is determined by applicable law or by a majority vote of the city commission:

(1)

Violated any standard of conduct or code of ethics established by law for public officials; or

(2)

Violated any standard of conduct or code of ethics established by law for any profession regulated by the State of Florida or any other state.

(i)

Background checks will be conducted on all prospective members prior to their appointment to a city board. Prospective members who have charges pending or who have ever been convicted of a felony or a crime of moral turpitude shall not be appointed. Prospective members with a misdemeanor may be appointed if they are not convicted of the misdemeanor or if the date of offense is five (5) years or more from the date of appointment. If the date of offense is within five (5) years of the date of appointment, prospective members shall not be appointed if the charge is pending or if they have been convicted of the misdemeanor. Members of a city board who are charged with any crime while appointed to a city board shall have an obligation to report the crime to the city clerk and the member shall be automatically removed from the city board by operation of this section. Members who are convicted of any crime while on a city board shall automatically forfeit their appointment to the city board by operation of this section. For the purpose of this section any person who pleads "guilty" or "nolo contendere" or who is found guilty shall be deemed to have been convicted notwithstanding a suspension of sentence or a withholding of adjudication. A member who is found "not guilty" may be reappointed to the city board.

(j)

Nothing in this article shall be deemed to prevent someone from serving on a board, agency, authority or committee if the person has been convicted, pled guilty, or pled no lo contendere to one (1) or more of the following crimes, as the statutes currently exist or may be renumbered, or of the equivalent statute in another jurisdiction: driving while license suspended (F.S. § 322.34(2) or F.S. § 322.03(5)); no valid driver's license (F.S. § 322.03(1)); operating a commercial vehicle without an appropriate license (F.S. § 322.03(b)); restricted license (F.S. § 322.16); having more than one (1) license (F.S. § 322.03(1)(b)); expired registration (F.S. § 320.07(3)(c)); attaching tag not assigned (F.S. § 320.261); no valid registration (F.S. § 320.02); no motorcycle endorsement (F.S. § 322.03(4)); reckless driving (F.S. § 316.192); unlawful display of license/failure to surrender license (F.S. § 322.03), and permitting an unauthorized person to drive (F.S. § 322.36).

(Ord. No. 484, § 1, 11-6-07; Ord. No. 484-08-B, § 2, 12-9-08; Ord. No. 484-11-A, § 2, 7-12-11; Ord. No. 484-14-A, § 2, 4-22-14; Ord. No. 586, § 2, 12-9-14)