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Ordinance 91-037 ORDINANCE NO. 91-. 3--7 · /~9; ~ ~ %~AN ORDINANCE CREATING THE HISPANIC AFFAIRS ADVISORY '~\BOARD; PROVIDING FOR APPOINTMENT AND COMPOSITION; PROVIDING FOR /~ ~~ ~]REMOVAL FROM OFFICE, FAILURE TO ATTEND MEETINGS; \~ ~' ~PROVIDING FOR OFFICERS, QUORUM, RULES OF PROCEDURE; ~^ ~ ~/ PROVIDING FOR REIMBURSEMENT OF EXPENSES; SETTING ~,~ ~.~Y FORTH THE FUNCTIONS, POWERS AND DUTIES OF THE BOARD; ~~0_%%~ SETTING FORTH THE DUTIES OF THE COUNTY MANAGER AND HIS DESIGNEE; PROVIDING FOR REVIEW PROCESS; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE 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, 1991 approved the creation of the Hispanic Affairs Advisory Board as a permanent advisory board; and WHEREAS, it is the desire of the Board of County Commissioners to create the Hispanic Affairs Advisory -o NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNT~ COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECT:~ Creation of the Hispanic Affairs Advisory Board. The Hispanic Affairs Advisory Board (hereinafter referred to as the "Board") is hereby created. SECT. ION TWO. AppoSD%ment ~Dd ComPosition. A. The Board 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 the pleasure of the Board of County Commissioners. 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 se~ forth the date of appointment and the term of office. SECTION T~REE. Terms of Office. The ~nitial terms of okfice 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. 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 FOUR.. RemQval Fro~ Office: Failure to Attend MeetinGs. A. Any member of the Board may be removed from office, with or without cause, by a majority vote of the Board of County Commissioners. B. If any member of the Board fails to attend two (2) consecutive Board meetings without a satisfactory excuse or if a member is absent from more than one-half of the Board's meetings in a given fiscal year, the Board shall declare the member's seat to be vacant and the vacancy shall be filled by the Board of County Commissioners. SEC~~ officers: Ouorum: 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 (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 offJ. cial action, regardless of whether four (4) 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 Board minutes, r~solutions, reports, and exhibits shall be submitted to the Hoard of County Commissioners. D. All Board meetings shall be open to the public. ~F~CTION SI~. Reimbursement of Members of the Board shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the Board of county Commissioners. ~_ECTION SEVEN. Functions, Powers and Duties Of ~he Board. The functions, powers and duties of the Board shall be as follows: A. .The Board shall identify and evaluate problems unique to the Hispanic 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. iThe Board may and is encouraged to have joint meetings witl~ the Black Affairs Advisory Board when deemed necessary to evaluate problems common to both the Hispanic and Black communities. ~ECTION EIGHT._ Duties of the County Manaaer and His Desianees. The duties of the County Manager and His Designees shall be to serve as staff advisers and advise the Board on county plrocedures and provide technical support. ~ECTION NINE. Review Pr~ess, Th~ Board shall be reviewed once every four (4) years commencing in 1995, in accordance with the procedures contained in Collier County Ordinance No. 86-41. ~ECTIQN ~EN. 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 thi~ i n Ordinancel is held invalid or unconstitutional by any court competentI jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect .the validity of the remaining portion. .S EC~Q_~ 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 Boar~ of County Co~issioners of Collier County, Florida, this 14th.day of May , 1991. A~EST: BOARD OF COO~TY CO~ISSIONERS J~ES C. GILES, CLE~ COLLIER COUNTY, FLORIDA ~ATRIClA ANNE GOODNIGHT C~I~ 'Approved as t0 form f,and lega~ sufficiency: Kenneth B. Cuyl~ - ~jeta~ ofjrat.'s Offlcq~a. ~o~ty Attorne~ a~ ack~ledgem~of ~ of~~ ~/ ' STATE OF FLORIDA ) COUNTY OF COLLIER ) I, JAMES C. GILES, Clerk of Courts in and for the T~lentieth Judicial Circuit, Collier County, Florida, do h~.reby certify that the foregoing is a true copy of: Ordinance No. 91-37 which was adopted by the Board of County Commissioners on the 14th day of May, 1991, durin9' Regular Session. WITNESS my hand and the official seal of the Board of Co'~nty Commissioners of Collier County, Florida, this 16th da7 of May, 1991. ~ JAMES C. GILES ~?! Clerk of Courts and Clerk {.L~ Ex--officio to Board of County Commissioners ..' By: /s/Maureen Kenyon Deputy Clerk