Agenda 01/28/2014 Item #16H 4Irmo
1/28/2014 16.H.4.
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution removing a member from the Black Affairs Advisory
Board and to declare the member's seat to be vacant.
OBJECTIVE: That the Board of County Commissioners (Board) removes Frank Cummings from
the Black Affairs Advisory Board and further declares the member's seat to be vacant.
CONSIDERATIONS: On July 26, 2011, Frank Cummings was appointed to a four -year term on
the Black Affairs Advisory Board. Ordinance 91 -38, which created the Black Affairs Advisory
Board, provides in relevant part that "Members of the board shall be appointed by and serve at the
pleasure of the Board of County Commissioners;" and further, that "Any member of the Black
Affairs Advisory Board may be removed from office, with or without cause, by a majority vote of
the Board of County Commissioners." Mr. Cummings was recently arrested and is facing
multiple serious charges.
FISCAL IWACT: None
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with
this Executive Summary.
LEGAL CONSIDERATIONS: The proposed Resolution was drafted by the County Attorney, is
approved as to form and legality, and requires majority vote for approval. -JAK
RECOMMENDATION: That the Board of County Commissioners adopts the attached Resolution
removing Frank Cummings from the Black Affairs Advisory Board, and further declares the
member's seat to be vacant.
ATTACHMENTS:
Collier County Ordinance 91 -77
Collier County Ordinance 09 -16
Roster of members of the Black Affairs Advisory Board
PREPARED BY: Mike Sheffield
1/28/14
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1/28/2014 16.H.4.
.-� COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.H.16.H.4.
Item Summary: Recommendation to adopt a Resolution removing a member from the
Black Affairs Advisory Board and to declare the member "s seat to be vacant.
Meeting Date: 1/28/2014
Prepared By
Name: BrockMaryJo
Title: Executive Secretary to County Manager, CMO
1/21/2014 2:16:24 PM
Submitted by
Title: Executive Secretary to County Manager, CMO
Name: BrockMaryJo
n 1/21/2014 2:16:26 PM
Approved By
Name: KlatzkowJeff
Title: County Attorney
Date: 1/22/2014 9:17:38 AM
Name: OchsLeo
Title: County Manager
Date: 1/22/2014 9:34:42 AM
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1/28/2014 16.H.4.
RESOLUTION NO. 2014-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, REMOVING A MEMBER FROM THE
BLACK AFFAIRS ADVISORY BOARD.
WHEREAS, Ordinance 91 -38 created the Black Affairs Advisory Board; and
WHEREAS, pursuant to this ordinance, "Members of the board shall be appointed by and
serve at the pleasure of the Board of County Commissioners;" and further, that "Any member of
the Black Affairs Advisory Board may be removed from office, with or without cause, by a
majority vote of the Board of County Commissioners;" and
WHEREAS, for the reasons set forth in the record, the Board hereby elects to remove Mr
Frank Cummings from this Board.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that effective immediately, Mr.
Frank Cummings is no longer a member of the Black Affairs Advisory Board, and that staff
advertise this open position.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring
same this day of
ATTEST:
DWIGHT E. BROCK. CLERK
, Deputy Clerk
Approved as to form and legality:
Jeffrey A. Klatzkow, County Attorney
2014.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
Tom Henning, Chairman.
1
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1/28/2014 16.H.4.
� s �
ORDINANCE NO. 91- 77
ORDINANCE AMENDING COLLIER COUNTY ORDINANCEI,
91 -38 ESTABLISHING THE BLACK AFFAIRS
VISORY BOARD BY AMENDING SECTION TWO TO ;,,:•=
CREASE THE NUMBER OF MEMBERS FROM SEVEN TO !';.•' 1'
NE MEMBERS; REVISING SECTION THREE TO INCLUDE,' ". t"1
E TERMS OF OFFICE FOR NINE MEMBERS; REVISING
CTION FIVE WHICH ESTABLISHES THE NUMBER OF '
MBERS FOR A QUORUM; PROVIDING FOR CONFLICT
D SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.
, the Board of County Commissioners on May 14, 1991
ier County Ordinance No. 91 -38 creating a seven (7)
Affairs Advisory Board; and
the Board of County Commissioners on June 25, 1991
:hat the.Black Affairs Advisory Board should be
nine (9) members.
IEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
tS OF COLLIER COUNTY, FLORIDA, that:
Amendment to Section Two of Collier County Ordinance
No. 91 -38.
i Two of Collier County Ordinance No. 91 -38 is hereby
-ead as follows:
I TWO. Appointment and Composition.
. The Board shall be composed of seven - {4} nine f91
a to be appointed by resolution of the Board of County
sioners.
Members of the Board shall be appointed by and serve
pleasure of the Board of County Commissioners. Said
1 shall be permanent residents and electors of Collier
Appointment of members to the Board shall be by
:ion of the Board of County Commissioners, which
:ion shall set forth the date of appointment and the
office.
Amendment to Section Three of Collier County
Ordinance No. 91 -38.
i Three of Collier County Ordinance No. 91 -38 is hereby
-ead as follows: Q
�1 C•45F 3g? ,
1
t- through are deleted; words underlined are added.
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a 1/28/2014 16.H.4.
SECTION THREE. Terms of office.
The initial terms of office of the Board members shall
be as follows:
A. Three (3) members shall serve for two (2)
years.
B. Three (3) members shall serve for three
(3) years.
C. Two -fB} Three (3) members shall serve for four
(4) years.
Thereafter, each appointment or re- appointment shall be
for a term of four (4) years. A member of the Board may be
re- appointed by the Board of County Commissioners for one (1)
successive term. However, other qualified applicants may be
considered for any vacancy. Appointments to fill any
vacancies on the Board shall be for the remainder of the
unexpired term of office.
SECTION THREE. Amendment to Section Five of Collier County
Ordinance No. 91 -38.
Section Five of Collier County Ordinance No. 91 -38 is hereby
amended to read as follows:
SECTION FIVE. officers; Quorum; Rules of Procedure.
A. Annually the membership of the Board shall elect a
chairman and vice chairman from among the members. Officers'
terms shall be for one (1) year with eligibility for
re- election.
B. The presence of four -f4} five f5) or more members
shall constitute a quorum of the Commission necessary to take
action and transact business. In addition, an affirmative
vote of four -f4} five (5) or more members.shall be necessary
in order to take official action, regardless of whether four
f4} five (5) or more members of the Commission are present at
the meeting.
C. The Board shall, by majority vote of the entire
membership, adopt rules of procedure for the transaction of
business and shall keep a written record of meetings,
resolutions, findings and determinations. Copies of all
2 °' (:45 ' 388
Words struck - through are deleted; words underlined are added.
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Board minutes, resolutions, reports, and exhibits shall be
submitted to the Bc.,rd of County Commissioners.
D. All Board meetings shall be open to the public.
SECTION FOUR. Conflict and Severability.
In the event this Ordinance conflicts with any other
ordinance of Collier County or other applicable law, the more
restrictive shall apply. If.any phrase or portion of this
Ordinance is held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and such holding shall not
affect the validity.of the remaining portion.
SECTION FIVE. Effective Date.
This Ordinance shall become effective upon receipt of notice
from the Secretary of State that this Ordinance has been filed
with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this /-?'� day of ,
9i :•�A�J �, ;
y�
J=EST:,'," � BOARD OF COUNTY COMMISSIONERS
- ;JAMES C. GILE6', CLERK COLLIER COUNTY, FLORIDA
�.' •.
BY Atti�
PATRICIA ANNE GOODNIGAT
vr/ T,1��11��. CHAIRMAN
Ap rove as. to form
and.legal.sufficiency:
David C. e"
Assistant County <Jttorney
This ordinance filed with the
Secretory of State's Office y
�/Jdoy of
and ocknowiedge ent of that
filing received this a /vim
' By
�r Grt
® U45 rv� 389
3
Words struck - through are deleted; words underlined are added.
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1'•
Y,1
STATE OF FLORIDA )
COUNTY OF COLLIER )
M
I, JAMES-C. GILES, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true copy of:
Ordinance No. 91 -77
W'1 /28/2014 1
which was adopted by the Board of County Commissioners on
the 13th day of August, 1991, during Regular Session.
WITNESS'my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 15th
-day of August, 1991.
JAMES C. GILES
Clerk of Courts and Clerk
Ex- officio to Board of
County Commissioners
/s /Maur�,,yon
Deputy Clerk
L145 1390
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1/28/2014 16.H.4.
ORDINANCE NO. 2009-_1_6_
AN INANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
CORIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2001-55,
NDED, WHICH ESTABLISHED STANDARDS FOR CREATION
REVIEW OF COUNTY BOARDS, BY AMENDING SECTION FIVE,
"QUALIFICATIONS AND REQUIREMENTS FOR MEMBERSHIP ON
BOARDS," TO ALLOW SERVICE ON MORE THAN TWO COUNTY
BOARDS SIMULTANEOUSLY, BY AMENDING SECTION SEVEN,
"TERM OF OFFICE," TO ELIMINATE TERM LIMITS; AND BY
DELETING SECTION NINE, "REVIEW OF BOARDS" IN ITS
ENTIRETY; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in keeping with its policy to promote economy, efficiency an�ij�prfwe
service in the transaction of the public business by County Boards, the Board WTi oij!gy
Commissioners, through adoption of Ordinance No. 2001 -55, established standards :CbuVreAoftn
C
n �
and review-of County boards; and �n
WHEREAS, Ordinance 2001 -55 was subsequently amended through the adoption of
Ordinance No. 2006 -39 and Ordinance No. 2007 -58; and
WHEREAS, the Board of County Commissioners desires to further amend Ordinance
No. 2001 -55, specifically, Section Five entitled, "Qualifications and Requirements for
Membership on Boards," to allow persons to serve on more than two County Boards
simultaneously; Section Seven entitled, "Term of Office," to eliminate terms limits; and to delete
Section Nine, "Review of Boards" in its entirety.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION FIVE OF ORDINANCE NO. 2001 -55,
AS AMENDED.
Section Five is hereby amended to read a follows:
SECTION FIVE: Qualifications and Requirements for Membership on Boards.
Words Underlined are added; Words StpaskThFettgh— are deleted.
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A. All members of County Boards shall be permanent residents and electors of
Collier County and should be reputable and active in community service. The
foregoing requirement may be exempted, however, if an ordinance creating a
board specifies the need for membership outside Collier County's boundaries. In
addition, all Board members should have demonstrated an interest in the activity
or service, which is the purpose of the Board. The provisions of this paragraph
may be exempted, however, if an ordinance creating a board specifies the need for
membership outside Collier County's boundaries.
B. Any member of a County Board who ceases to be a resident of Collier County
during his or her term of office shall immediately advise the Commission of such
change in status. Upon such notice, the Commission shall declare the position to
be vacant and shall promptly fill same pursuant to the provisions of Section Six,
herein.
C. The Commission's primary consideration in appointing Board members shall be
to provide the Board with the technical, professional, financial, business or
administrative expertise necessary to effectively accomplish the Board's purpose.
Categories of expertise referenced by County Board's Ordinances as qualifications
for board membership are considered to be primarily directory and not mandatory.
E D. No member of any County Board shall become a candidate for an elective
political office and continue to serve on such board during his or her candidacy
unless such Board member /candidate is running unopposed for a non-
remunerative elective position or an elective position receiving nominal
remuneration, such as the Mosquito Control District Board or a fire district board.
Should any County Board member compete for an elective non - remunerative
political office or a nominally- remunerative political office on the date
applications for candidacy expire, such candidacy shall be deemed a tender of
Words Underlined are added; Words Sisk Thm are deleted.
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allewfer- dditieaa4 Reafds— pFaNided the
Ga tes
E D. No member of any County Board shall become a candidate for an elective
political office and continue to serve on such board during his or her candidacy
unless such Board member /candidate is running unopposed for a non-
remunerative elective position or an elective position receiving nominal
remuneration, such as the Mosquito Control District Board or a fire district board.
Should any County Board member compete for an elective non - remunerative
political office or a nominally- remunerative political office on the date
applications for candidacy expire, such candidacy shall be deemed a tender of
Words Underlined are added; Words Sisk Thm are deleted.
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resignation from such Board and the Board shall immediately advise the
Commission in writing of said resignation. No Board Member shall be required
to resign or deemed to have tendered his or her resignation unless such candidacy
is being opposed. The Commission shall deem the position vacant upon receipt of
written notice of said resignation. The Board member shall not serve at any
meetings after his or her position becomes vacant pursuant to this Ordinance.
This provision shall not apply to candidates who currently serve in elected
positions and who are seeking re- election.
F-. E. The commencement of a legal challenge by a Board member as a plaintiff in a
lawsuit against Collier County shall constitute a conflict of interest with Collier
County and shall be deemed a tender of resignation from such Board. The
County Board member's position shall automatically be considered vacant and the
Commission shall promptly fill same pursuant to the provisions of Section Six,
herein.
6- F. No member of any County Board, as defined herein, shall print or create, or have
printed or created, or use or distribute any business or informational card
^ depicting the County logo or in any way representing such Board member as a
representative of Collier County or as a County Board member. The County
Manager or his or her designee may, upon request and prior approval in writing,
authorize the County Board members to obtain a County photo identification card
identifying such members as a County advisory Board member.
SECTION TWO: AMENDMENT TO SECTION SEVEN OF ORDINANCE NO. 2001 -55,
AS AMENDED.
Section Seven is hereby amended to read a follows:
SECTION SEVEN: Term of Office.
A. Terms of office shall be staggered.
Words Underlined are added; Words ask T4o g are deleted.
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. MGM. J Vl J
"tefm "
of
s
Words Underlined are added; Words ask T4o g are deleted.
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! _ . _ ..
F-. B. All members of Boards created by the Commission shall serve at the pleasure of
the Commission and may automatically be removed by a majority vote of the
quorum of the Commission.
SECTION THREE: DELETION OF SECTION NINE, ENTITLED "REVIEW OF
BOARDS," OF ORDINANCE NO. 2001-55, AS AMENDED.
Section Nine, entitled "Review of Boards," is hereby deleted in its entirety and the
remaining Sections of Ordinance No. 2001 -55, as amended, are renumbered accordingly.
SECTION FOUR: CONFLICT AND SEVERABILITY.
h1 the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FIVE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or
relettered to accomplish such, and the word 'ordinance" may be changed to "section," "article,"
Words Underlined are added; Words 84raslE -Vmeulgh- are deleted.
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or any other appropriate word. All references in the Code of Laws and Ordinances to Ordinance
No. 86 -41 and its amendments shall be changed to reflect the number assigned to this Ordinance.
SECTION SIX: EFFECTIVE DATE.
This Ordinance shall become effective upon receipt of notice from the Secretary of State
that this Ordinance has been filed with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this L444-,day of 2009.
ATM -- - „F ,,,�p�' r,.., BOARD OF COUNTY COMMISSIONERS
�R
1 T'�: LERK COLLIER COUNTY, FLORIDA
t3
;y rr Clerk DO ,
Approved as to form
and gal sufficiency:
Jeffrff A.
This ordinance filed with the
SecMnry of State's Office the
Xn” of Ap6j- -, 2009
and acknowledgement of that
fil' received this 2-TM day
of
°"uq' `""`
Words Underlined are added; Words ,Stpask 44iFeugh are deleted.
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2009 -16
Which was adopted by the Board of County Commissioners
on the 14th day of April, 2009, during Regular Session.
WITNESS my hand and the official seal of the Board of n
County Commissioners of Collier County, Florida, this 15th
day of April, 2009.
P
jC' -•
DWIGHT E. BROCK r�
Clerk of Court;, *W R
Ex- officio t -di `oa .of,.
County Commi.svi
t Y
/7r1
By: Marthalea era
Deputy`Cherk
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Black Affairs Advisory Board
work Phone
Appt'd
Exp. Date
Term
Name Home Phone
DateRe -appt
2ndExpDate
2nd Term
Ms. Debra J. Johnson Hubbard
03/13/12
06/25/13
1Year
2335 18th Ave. NE 229 -8757
9/10/13
6/25/17
4 years
Naples, FL 34120
E -Mail: naplesloveparrot @yahoo.com
District. 5
Category: n/a
Ms. LaVerne C. Franklin
7705 Kiwi Place
Naples, FL 34112
E -Mail:
District. 1
Category:
Vacant Vacant
Naples, FL
E Mail:
District.
Category: n/a
Mr. Vaughn Young
23 5 Manor Blvd., # 1607
Naples, FL 34104
E Mail: wer2bless @yahoo.com
District. 4
Category: n/a
Ms. Diann Keeys
1811 19th Street S.W.
Naples, FL 34117
E Mail: diannja @gmail.com
District. 5
Category: n/a
352 -2868 04/11/00 06/25/03 3 Years
9/13/11 6/25/15 4 Years
06/25/17
7/26/11 6/25/15 4 Years
206 -1910
39) 249 -9738 9/10/13 06/25/14 9 mos.
39) 348 -7809
Tuesday, January 21, 2014 Page 1 of 3
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Name
1/28/2014 16.H.4.
Black Affairs Advisory Board
Work Phone Appt'd Exp. Date Term
Home Phone DateRe -appt 2ndExpDate 2nd Term
Mr. Frank L. Cummings 269 -8870
4974 18th Court S.W. 384 -1634
Naples, FL 34116
E -Mail: frankcummings50 @yahoo.com
District. 3
Category: n/a
VACANT VACANT
TBD
Naples, FL
E Mail: TBD
District.
Category:
Ms. Darling Smith
2190 Arbour Walk #2212 39) 771 -6971
Naples, FL 34109
E -Mail: dsmith106289 @gmail.com
District. 2
Category: n/a
Ms. Jennifer W. Williams
1732 49th Street SW 353 -0067
Naples, FL 34116
E Mail: jenny- 46 @hotmail.com
District: 3
Category: n/a
7/26/11 6/25/15 4 Years
00 /00 /00 6/25/14
6/25/13 6/25/17 4 Years
7/26/11 06/25/14 3 Years
Tuesday, January 21, 2014 Page 2 of 3
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Black Affairs Advisory Board
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe -appt 2ndExpDate 2nd Term
This 9 member board was created on May 14, 1991, by Ord No. 91 -38 & 91 -77, to identify and
evaluate problems unique to the Black Community, review and recommend ways to ensure open
communication between minorities and Collier County Government and provide periodic reports
to the Board of County Commissioners. Amended on 08/13/91 by Ord. 91 -77 to increase
membership from 7 to 9 member. Terms are 4 years.
FL STAT. none
Staff• Rhomda Cummings: 252 -8941
Tuesday. January 21, 2014 Page 3 of 3
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