Ordinance 2007-58
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~ tn oi ORDINANCE NO. 2007-58
\ RteEN ~ DINANCE AMENDING COLLIER COUNTY ORDINANCE NO.
~$'c'>..... 01.,'0 001-55, AS AMENDED, THE COUNTY'S GENERAL ADVISORY
-q:z"zz\.'t BOARD ORDINANCE; AMENDING SECTION FIVE,
QUALIFICATIONS 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 12, 2007, the Board of County Commissioners approved an
amendment to Collier County Ordinance No. 2001-55, as amended, which amendment
would allow for certain Committee members who are candidates running for-re-election
to be able to remain serving 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 Member.
Section Five, Subsection E, of Ordinance No. 2001-55, as amended, is hereby
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 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.
This orovision shall not aoolv to candidates who currentlv serve
in elected oositions and who are seekina re-election.
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
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Words underlined are added; Words straek threHgh are deleted.
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: 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 re-Iettered 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 this :J.l-tfk day of July, 2007.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA.
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Attf;~t~.lo' win. iPariu~ Clerk
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By:
JAMES COLETTA, Chairman
Approved as to form
and legal sufficiency:
Ifo-'hJ ej~ iJ
David C. Weigel ~..
County Attorney
This ordinance filed with the
~fltary oWtate'S Office the
~ day a ~lJ~t (}f)D"J
and acknowledgeme~f that
~~ r~ceived thisU day
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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 2007-58
Which was adopted by the Board of County Commissioners
on the 24th day of July, 2007, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 27th
day of July, 2007.
'.'{
,DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners I
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By: Ann Jennejohn,
Deputy Clerk