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HomeMy WebLinkAbout760 Commissions, Boards & CommitteesORDINANCE NO. 760 AN ORDINANCE OF THE CITY OF MERIDIAN ADOPTING A NEW TITLE 4, CHAPTER 1, COMMISSIONS, OF THE REVISED AND COMPLIED ORDINANCES OF THE CITY OF MERIDIAN BY THE ADDITION OF NEW CHAPTER TO BE KNOWN AS CHAPTER 1, TO SET FORTH AND ESTABLISH A PROCEDURE FOR THE MAYOR AND CITY COUNCIL TO CREATE COMMISSIONS, BOARDS AND/OR COMMITTEES OF THE CITY FOR ANY SUCH COMMISSIONS, BOARDS, OR COMMITTEES, DEEMED NECESSARY BY THE CITY COUNCIL; ESTABLISHING DUTIES; ESTABLISHING THE TERM OF OFFICE OF EACH MEMBER OF SUCH ENTITIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 50-210, Idaho Code, states that the Mayor and City Council shall have authority to appoint such boards, commissions and committees as may be deemed necessary or expedient to assist the Mayor and City Council in better carrying out the responsibilities of their offices. WHEREAS, Chapter 1 of Title 4, Planning Commission, was repealed because the Planning and Zoning Commission was re- established in the Zoning Ordinance. WHEREAS, the Mayor and the City Council of the City of Meridian, State of Idaho, have concluded that it is in the best interest of the City to amend Title 4, Chapter 1, of the Revised and Compiled Ordinances of the City of Meridian, by adopting and asserting a procedure for the creation and establishment of any Commission's, Boards, or Committees, desired to be created and established by the Mayor and City Council and setting forth requirements for those people who are appointed to serve on the COMMISSIONS, BOARDS AND/OR COMMITTEES ORDINANCE PAGE 1 Commissions, Boards or Committees. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Title 4, Chapter 1, of the Revised and Compiled Ordinances of the City of Meridian, is hereby re- established and reenacted to set forth the procedure for creating commissions, boards, and committees, which shall read as follows: 4-101: CREATION OF A COMMISSION, BOARD, OR COMMITTEE: The Mayor and City Council may create a Commission, Board or Committee (hereafter referred to as "ENTITY"), by the passage of an Ordinance, which Ordinance shall set forth the duties, responsibilities, and rights of the ENTITY. The Mayor and City Council shall, in the Ordinance creating the ENTITY, state whether the ENTITY is permanent or temporary, and if it is temporary, state the dates and times of operation. 4-102: CREATION OF SUB -COMMITTEES: The formation of a Sub- committee by any Commission, Board, or Committee shall be subject to approval by the City Council. 4-103: NOMINEE RESIDENCY REQUIREMENTS: If the ENTITY is required to only have City residents as members, the Mayor shall only nominate people who have been residents of the City for at least FOUR years. If the ENTITY is allowed to have members who are not City residents, those persons nominated must have been residents within the Urban Service PlannJ_ng Area or Area of Impact, for at least FOUR years. 4-104: NOMINATION, VOTE AND APPOINTMENT: The Mayor shall nominate a person who shall be confirmed by a one-half (1/2) plus one vote, a majority vote, of the City Council to serve as a member of an ENTITY. The person nominated by the Mayor must be confirmed by the City Council by a majority a vote. If the council shall refuse to confirm any nomination the Mayor shall then, within ten (10) days after his previous nomination, nominate another person to fill the office and he may continue to nominate until his nominee is confirmed. If the Mayor fails to nominate an additional person within ten (10) days after his previous nomination, the City Council may select a person to serve on the ENTITY'S board by majority vote. Each person nominated to be a member of the ENTITY shall be individually approved without other nominated persons being approved at the same time. If a nominee is approved he shall take office. COMMISSIONS, BOARDS AND/OR COMMITTEES ORDINANCE PAGE 2 4-105: MEMBERSHIP QUALIFICATIONS: a. For ENTITY''S requiring that all members be residents of the CITY: Members must have been, a resident of the CITY for FOUR (4) years b. For ENTITY'S allowing both CITY residents and non-residents: The total entity shall not be comprised of more than one-third of members who are not residents of the City. Those members who are required to be residents of the City must have resided in the City for four (4) years. Those members who are not required to be residents of the CITY must meet two of the following three residency requirements: 1) Have previously :resided within the City limits for four (4) years; 2) Have resided within the Urban Service Planning Area for Lour (4) years; or 3) Have resided within the Meridian Area of Impact for four (4) years, or a combination of the latter two requirements. C. Members shall be selected without respect to sex, age as long as they are adults, profession or political affiliation, and shall represent a broad cross-section of the respective ENTITIES' interests in the area under the ENTITIES' concern or jurisdiction, if any. 4-106: TERM OF OFFICE: Original appointments shall be for terms of one to six years, at the discretion of the Mayor and City Council, in order to provide for the number of members and for staggering terms. At the expiration of each member's term he or she must be reappointed, or a different individual must be selected by the Mayor and confirmed by the City Council by a majority vote to replace him or her. Members shall relinquish all voting rights upon the expiration of their term unless reappointed. All subsequent appointments made to fill vacancies occurring otherwise than through the expiration of the members terms shall be appointed for the period of time remaining in the term of the person he or she is replacing. 4-107: LENGTH OF TERM: The term of office of members shall not be longer than six ( 6 ) years and no member shall serve longer than two (2) consecutive full terms. COMMISSIONS, BOARDS AND/OR COMMITTEES ORDINANCE PAGE 3 4-108: MEETINGS: A Commission, Board, or Committee shall hold regular meetings, as designated. A majority of the appointive members of an entity shall be necessary to constitute a quorum at any meeting. All meetings shall be open to the public. A written record of its meetings, resolutions, recommendations, findings and determinations shall be kept and submitted to the City Clerk, which shall be a public record. 4-109: DISQUALIFICATION FOR CAUSE: No ENTITY shall have the right to terminate an ENTITY member, for cause or otherwise, and such termination may only be performed by the City Council. A member may only be removed for cause by a vote of the City Council on a one-half plus one vote, following an opportunity for hearing by the City Council; the member subject to the disqualification proceedings shall be informed of the basis for the disqualification in writing at least seven (7) days prior to the hearing and shall have the right to participate in the hearing and may be represented by an attorney. The City Council shall make, and enter into the record of the proceedings, a written decision. The hearing shall be recorded and any party may appeal to the Fourth Judicial District Court. 4-110: BLUE RIBBON COMMITTEES: The Mayor may establish BLUE RIBBON COMMITTEES whose members shall be nominated by the Mayor and approved by the City Council by a vote of one-half (1/2) plus one, and the committee shall only be for a particular purpose and shall expire and terminate when the purpose is completed. The Ordinance or Resolution creating the Committee shall state the following: The purpose, when and where it shall meet, the length of duration, the determination or management of any matter, the examination or inspection of any matter, whether findings of fact and conclusions of law or a report or a recommendation are required, or any other requirement placed on the Committee in the Ordinance or Resolution creating the Committee. Members of a BLUE RIBBON COMMITTEE shall receive no compensation or consideration for serving on a committee, but their expenses shall be paid. SECTION 2: EFFECTIVE DATE: WHEREAS, there is an emergency therefor, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. COMMISSIONS, BOARDS AND/OR COMMITTEES ORDINANCE PAGE 4 PASSED AND APPROVED this 'dayof �Q , 1997. CITY OF MERIDIAN D. CORRIE - MAYOR ATTEST: n WILLIAM G. BERG, JR. - C TY CLERK 11/06/97-Changed and Final `J`����or- {1341fill�l yi,�J t BE L 'A Y . COMMISSIONS, BOARDS AND/OR COMMITTEES ORDINANCE PAGE 5 121 ORDINANCE NO. 760 AN ORDINANCE OF THE CITY OF MERIDIAN ADOPTING A NEW TITLE 4, CHAPTER 1, COMMISSIONS, OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN BY THE ADDITION OF NEW CHAPTER TO BE KNOWN AS CHAPTER 1, TO SET FORTH AND ESTABLISH A PROCEDURE FOR THE MAYOR AND CITY COUNCIL TO CREATE COMMISSIONS, BOARDS AND/OR COMMITTEES OF THE CITY OF ANY SUCH COMMISSIONS, BOARDS, OR COMMITTEES, DEEMED NECESSARY BY THE CITY COUNCIL; ESTABLISHING DUTIES; ESTABLISHING THE TERM OF OFFICE OF EACH MEMBER OF SUCH ENTITIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 50-210, Idaho Code, states that the Mayor and City Council shall have authority to appoint such boards, commissions and committees as may be deemed necessary or expedient to assist the Mayor and City Cour-cil in better carrying out the responsibilities of their offices. WHEREAS, Chapter 1 of Title 4, Planning Commission, was repeated because the Planning and Zoning Commission was re-established in the Zoning Ordinance. WHEREAS, the Mayor and the City Council of the City of Meridian, State of Idaho, have concluded that it is in the best interest of the City to amend Title 4, Chapter 1, of the Revised and Compiled Ordinances of the City of Meridian, by adopting and asserting a procedure for the creation and establishment of any Commissions, Boards, or Committees, desired to be created and established by the Mayor and City Council and setting forth requirements for those people who are appointed to serve on the Commissions, Boards or Committees. NOW, THEREFORE, BE iT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Title 4, Chapter 1, of the Revised and Compiled Ordinances of the Cityof Meridian, is hereby reestablished and re-enacted to set forth the procedure for creating Commissions, Boards, and Committees, which shall read as follows: ~ 4-101: CREATION OF A COMMISSION, BOARD, OR COMMITTEE: The Mayor and City Council may create a Commission, Board or Committee (hereafter referred to as "ENTITY"), by the passage of an Ordinance, which Ordinance shall set forth the duties, responsibilities, and rights of the ENTITY. The Mayor and City Council shall in the Ordinance creating the ENTITY, state whether the ENTITY is permanent or temporary, and if it is temporary, state the dates and times of operation. 4-102: CREATION OF SUB-COMMITTEES: The formation of asub-committee by any Commission, Board, or Committee shall be subject to approval by the City Council 4-103: NOMINEE RESIDENCY REQUIREMENTS: If the ENTITY is required to only have City residents as members, the Mayor shall only nominate people who COMMISSIONS, BOARDS AND/OR COMMITTEES ORDINANCE PAGE 1 122 have been residents of the City for at least FOUR years. If the ENTITY is allowed to have members who are not City residents, those persons nominated must have been residents within the Urban Service Planning Area or Area of Impact, for at least FOUR years. 4-104: NOMINATION, VOTE AND APPOINTMENT: The Mayor shall nominate a person who shall be confirmed by a one-half (1/2) plus one vote, a majority vote, of the City Council to serve as a member of an ENTITY. The person nominated by the Mayor must be confirmed by the City Council by a majority vote. If the Council shall refuse to confirm any nomination the Mayor shall then, within ten (10) days after his previous nomination, nominate another person to fill the office and he may continue to nominate until his nominee is confirmed. If the Mayor fails to nominate an additional person within ten (10) days after his previous nomination, the City Council may select a person to serve on the ENTITY's Board by majority vote. Each person nominated to be a member of the ENTITY shall be individually approved without other nominated persons being approved at the same time. If a nominee is approved he shall take office. 4-105: MEMBERSHIP QUALIFICATIONS: a. For ENTITY's requiring that all members be residents of the CITY: Members must have been a resident of the CITY for FOUR (4) years b. For ENTITY's allowing both CITY residents and non-residents: The total entity shall not be comprised of more than one-third of members who are not residents of the City. Those members who are required to be residents of the City must have resided in the City for four (4) years. Those members who are not required to be residents of the CITY must meet two of the following three residency requirements: 1) Have previously resided within the City limits for four (4) years; 2) Have resided within the Urban Service Planning Area for four (4) years, or a combination of the latter two requirements. c. Members shall be selected without respect to sex, age as long as they are adults, profession or political affiliation, and shall represent a board cross- section of the respective ENTITIES' interests in the area under the ENTITIES' concern or jurisdiction, if any. 4-106: TERM OF OFFICE: Original appointments shall be for terms of one to six years, at the discretion of the Mayor and City Council, in order to provide for the number of members and for staggering terms. At the expiration of each member's term he or she must be reappointed or a different individual must be selected by the Mayor and confirmed by the City Council by a majority vote to replace him or her. Members shall relinquish all voting rights upon the expiration of their term unless reappointed. All subsequent appointments made to fill vacancies occurring otherwise than through the expiration of the members terms shall be appointed for the period of time remaining in the term of the person he or she is replacing. 4-107: LENGTH OF TERM: The term of office of members shall not be longer than six (6} years and no member shall serve longer than two (2) consecutive full terms. 4-108: MEETINGS: A Commission, Board, or Committee shall hold regular meetings, as designated. A majority of the appointive members of an entity shall be necessary to constitute a quorum at any meeting. All meetings shall be open to the public. A written record of its meetings, resolutions, recommendations, findings and determinations shall be kept and submitted to the City, which shall be a pubic record. COMMISSIONS, BOARDS AND/OR COMMITTEES ORDINANCE PAGE 2 123 4-109: DISQUALIFICATION OF CAUSE: No ENTITY shall have the right to terminate an ENTITY member, for cause or otherwise, and such termination may only be performed by the City Council. A member may only be removed for. cause by a vote of the City Council on a one-half plus one vote, following and opportunity for hearing by the City Council; the member subject to the disqualification proceedings shall be informed of the basis for the disqualification in writing at least seven (7) days prior to the hearing and shall have the right to participate in the hearing and may be represented by an attorney. The City Council shall make and enter into the record of the proceedings, a written decision. The hearing shall be recorded and any party may appeal to the Fourth Judicial District Court. 4-110: BLUE RIBBON COMMITTEES: The Mayor may establish BLUE RIBBON COMMITTEE whose members shall be nominated by the Mayor and approved by the City Council by a vote of one-half (1/2) plus one, and the committee shall only be for a particular purpose and shall expire and terminate when the purpose is completed. The Ordinance or Resolution creating the Committee shall state the following: The purpose, when and where it shall meet, the length of duration, the determination, or management of any matter, the examination or inspection of any matter, whether findings of fact and .conclusions of law or a report or a recommendation are required, or any other requirement placed on the Committee in the Ordinance or Resolution creating the Committee. Members of a Blue. Ribbon Committee shall receive no compensation or consideration for serving on a committee, but their expenses shall be paid. SECTION 2: EFFECTIVE DATE: WHEREAS, there is an emergency therefore, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. PASSED AND APPROVED this 5th day of November, 1997. CITY OF MERIDIAN BERT D. CORRiE, MAYOR ATTEST: s~~trrit~ar i~ ,~"*,~' ~J f ~.~.L ~~ w~~ i ~~ > ,~` i~ ~~i O(( ~'~~~11771li -115' COMMISSIONS, BOARDS AND/OR COMMITTEE ORDINANCE PAGE 3