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Ordinance 2006-39 ( ....,..)JOI1Z n, ", ... ".:" .... .. S ~ \ t.\III" tt\ t ORDINANCE NO. 2006- 39 \ U\i\'h.u : ~~ DINANCE AMENDING COllIER COUNTY ORDINANCE NO. S~S?:n~~'.1J O~~-::NC~~~M~~~~~'~E~I~~~~VE~D~~~~~C:T~~~~ 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 2 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. ?::c By: _~~~'" FRANK A. HALAS, Chairman Approved as to form and legal sufficiency: &~1fv ~&,~ David C. Weigel County Attorney Tr;5 !^'j",,'.~~,_ :.'Qnc-~. ,. l ,. - ,",' --- 'i-' .~,'~ ,,'i t, (J.~ :3,;,":.,n::to rv nt \fc',^, ".,'" (-, "','-..f ~.", I,",' ~ ' '. .,.' ,.. .. . ~~ ~jIJYjf(J""~_., .?Ddc (;!"lC (1cknZ;W'jf?(:~t.j2n~ (:-'r:~ ,-\{ t~ r," 'f + ,: 1"0 rec e I ':led ~-h i s ':J.4-I. , . Of~~,~~:~ ~ o..pll!y Ck!rl: 4:::... 3 Words underlined are added; Words struek through are deleted. 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 . ~~tL- Teresa Dillard, Deputy Clerk