Ordinance 2006-39
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~ \ t.\III" tt\ t ORDINANCE NO. 2006- 39
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~~ DINANCE AMENDING COllIER COUNTY ORDINANCE NO.
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AND REQUIREMENTS FOR MEMBERSHIP BY AMENDING
SUBSECTION E TO AllOW FOR EXEMPTIONS AND WAIVERS
FOR CERTAIN CANDIDATES; PROVIDING FOR CONFLICT
AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE
OF LAWS AND ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on June 20, 2006, the Board of County Commissioners approved an
amendment to Collier County Ordinance No. 2001-55, which amendment would allow
for certain Committee members who become candidates for elective office to be able to
remain on their current committee during their candidacy.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Amendment to Section Five, Qualifications and Requirements
for Membership on Boards.
Section Five, Subsection E, of Ordinance No. 2001-55 is amended to read as
follows:
SECTION FIVE: Qualifications and Requirements for Membership on
Boards.
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 Boards' Ordinances as qualifications
for Board membership are considered to be primarily directory and
not mandatory.
D. No person shall serve on more than two County Boards
simultaneously. If application is made for service on a third Board,
the applicant must resign simultaneously from one of his or her
current Board positions, or the application for a third Board shall be
disqualified. This provision, however, may be waived to allow for
service on additional Boards provided the Commission votes
unanimously to waive such provision.
E. 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 become ~
c;:mdid;Jte 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
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.
F. 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.
G. 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
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Words underlined are added; Words struck through are deleted.
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: 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 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 THREE: 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," 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 FOUR: 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 thisdO'th day of July, 2006.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA.
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By: _~~~'"
FRANK A. HALAS, Chairman
Approved as to form
and legal sufficiency:
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David C. Weigel
County Attorney
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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 copy of:
ORDINANCE NO. 2006-39
Which was adopted by the Board of County Commissioners on
the 25th day of July 2006, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 28th day
of July 2006.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Comm1Ssioners
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Teresa Dillard,
Deputy Clerk