Ordinance 91-038 ORDINANCE NO. 91- 38
~~ AN ORDINANCE CREATING THE BLACK AFFAIRS ADVISORY
/~ ~% -%~ BOARD; PROVIDING FOR APPOINTMENT AND COMPOSITION;
~$~ .~/ PROVIDING FOR OFFICERS, QUORUM, RULES OF PROCED[/RE;
~ ?~ ~! PRO~;IDING FOR REIMBURSEMENT OF EXPENSES; SETTING
~ ~/~/ FOR~?H THE FUNCTIONS, POWERS AND DUTIES OF THE BOARD;
~z~, . %~zY SET~?ING FORTH THE DUTIES OF THE COUNTY MANAGER
AND
%%~ HIS DESIGNEE; PROVIDING FOR REVIEW PROCESS; PROVIDING
FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN
EF?ECTIVE DATE.
WHEREAS, Collier County ordinance No. 86-41 sets forth the
requirements for creating County advisory boards; and
WHEREAS, the Board of County Commissioners on April 2, ~991
approved the creation of the Black Affairs Advisory Board as a
permanent adv,.cory board; and
WHEREAS it is the desire of the Board of County
Commissioners to create the Black Affairs Advisory Board~
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD O~ COUNT~
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. creatioD o~ %he Bl~c~.~ffairs Advisory Board.
The Black Affairs Advisory Board (hereinafter referred to as
the "~oard") is hereby created.
SECTION TWO. ~ppoi~.gnt and Composition.
A. The l~oard shall be composed of seven (7) members to be
appointed by resolution of the Board of County Commissioners.
B. Members of the Board shall be appointed by and serve at
th.~ pleasure of the Board of County Commissioner~. Said members
shall be permanent residents and electors of Collier County.
C. Appointment of members to the Board shall be by
resolution of the Board of County Commissioners, which resolution
shall set forth the date of appointment and the term of office.
SEQTION THREE~. Terms o~ 0~ic~,
The initial terms of office of the Board members shall be as
follows:
A. Three (3) members shall serve for two (2) years.
B. Two (2) members shall serve for three (3) years.
C. Two (2) 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.
Howeve]~, other qualified ~pli=ants 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.
SEC~2LQ_N FOUR. 9emoval From Office: Failure to Attend MeetinGs.
A. Any member of the Board may be removed from office, with
or %,ithout cause, by a majority vote of the Board of County
Commissior~ers.
B. any member of the Board fails to attend two (2)
cons. ecuti Board meetings without a satisfactory excuse or if a
member is bsent from more than one-half of the Board's meetings
in a give fiscal year, the Board shall declare the member's seat
to k.e vacant and the vacancy shall be filled by the Board of
County Co~_ issioners.
SECTI0~LF~ Officers; Ouorum; Rules of Procedure.
A. )%nnually. 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.
E. The presence of four (4) or more members shall constitute
a quorum of the Commission necessary to take action and transact
business.} In addition, an affirmative vote of four (4) or more
members shall be necessary in order to take official action,
regardles~ of whether four (4) or more members of the Commission
are p]~esent at the meeting.
C. The Board shall, by majority vote of the entire
membe]shi~,~ adopt rules of procedure for th~ transaction of
business and shall keep a written record of meetings, resolutions,
findings and determinations. Copies of all Board minutes,
resolutions, reports, and exhibits shall be submitted to the Board
of County Commissioners.
D. AIl Board meetings shall be open to the public.
~z~[-~ B~[mbursement of ExDenses.
~embers of the Board shall serve without compensation, but
shall be entitled to receive reimbursement for expenses reasonably
incurred in tho performance of their duties upon prior approval of
the Board of County Commissioners.
S~CTION SEVEN_~. Functions, powe~s a~d Qut~es o~ the Board.
.Tbg functions, powers and duties of the Board shall be as
follows:
A. The Board shall identify and evaluate problems unique to
the Black community.
B. The Board shall review and recommend ways to ensure open
communication between minorities and Collier County
government to help promote and foster better understanding by
Collier County of the problems facing the minority
population.
c. The Board shall provide periodic reports directly to the
Board of County Commissioners for review.
D. The Board may and is encouraged to have joint meetings
with the Hispanic Affairs Advisory Board when deemed
necessary to evaluate problems common to both the Hispanic
and Black communities.
SECTIgN EIGHT. Duties of the County ManaGer and His DesiGnees.
The duties of the County Manager and His Designees shall be
to serve as Staff advisers and advise the Board on county
procedures and provide technical support.
SECTION NINE~ ~ev~ew Process.
This Board shall be reviewed once every four (4) years
commencing in 1995, in accordance with the p~ocedures contained in
Collier County Ordinance No. 86-41.
~F~C~T~I~)~{_~]_~ C_gnfli~t and Severabil~ty.
: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
Ill
Ordinance is held invalid or unconstitutional by any court cf
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.
~F~LT~ON ELEVEN. 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 14thday of May ,
1991 ,' i]
ATTEST: ' r BOARD OF COUNTY COM24ISSIONERS
JAMES C. ' GI~:.ES, CLERK COLLIER COUNTY, FLORIDA
PATRICIA ANNE GOODNIGHT
CHAIRMAN
~%~proved as to form
and legal sufficiency:
.4~___~(,.G~/~,' ~ This ordinance flied with the
Secretary of_State's Office ~;~2.
Kenn( B'. Cu l. ' -
County Attorne!~ ond oc~ow]edgen~nt of
filing received thl~day
of ,, _
STATE OF FLORIDA )
COUNTY OF COLLIER )
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. 9~-38
which was adopted by the Board of County Commissioners on
the 14th day of May, 1991, during ReGular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 16th
day of May, 1991.
JAMES C. GILES
Clerk of Courts and Clerk , ,
Ex-officio to Board of
County Commissioners ~"
Deputy Clerk
£'43