O-723-16 ORDINANCE NO. 723-16
AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL, AMENDING CHAPTER 18,
ARTICLE II, SECTION 18-16 PERSONNEL APPEALS BOARD; OF THE VILLAGE CODE OF
ORDINANCES, PERTAINING TO BOARD MEMBERS' APPOINTMENT AND TERMS,
PROVIDING FOR SEVERABILITY, PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Village Council has expressed a desire to institute term limits for the
various Village Boards and Committees; and,
WHEREAS, the Personnel Appeals Board is a Board whose members are periodically
appointed by the members of the Council; and,
WHEREAS, a Code amendment is required in order to accommodate the requested term
limit provisions;
NOW,THEREFORE, BE IT ORDAINED BY THE MIAMI SHORES VILLAGE COUNCIL,that:
Section 1. Chapter 18, Article II, Section 18-16 of the Village Code of Ordinances shall stand
amended to read as follows:
Sec. 18-16. Created; composition; appointment;terms, removal of members.
There is hereby created a personnel appeals board. The committee shall consist of five
members appointed by the council for two-year terms. At least one year of residency in the
Village is a minimum qualification for appointment. Each member shall hold office until his
successor has been duly appointed except when removed by the village council, and any
member may be removed at any time by a majority vote of the village council. Appointments to
fill a vacancy shall be for the remainder of the unexpired term. If any member fails to attend
two of three successive meetings without cause or notice,the board shall declare the member's
office vacant, and the village council shall promptly fill such vacancy for the remainder of the
term.
Notwithstanding any code provisions to the contrary, board members commencing a non-
consecutive term after January 1, 2016 shall serve no more than four consecutive terms.
Incumbent board members holding office on January 1, 2016, regardless of their prior length of
service, may continue to serve on the board until their then existing term expires and shall be
eligible for reappointment by the council. Such reappointment would be deemed the
individual's second term with respect to the term limits set forth herein. Board members may
serve no more than four consecutive two-year terms. Term limited individuals shall vacate their
position for a minimum of one regular term before becoming eligible for reappointment to the
same board.
A 4/5 vote of the Council may override the stipulated term limit or residency requirement.
Section 2. If any section, clause, sentence, or phrase of this Ordinance is for any reason
held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect
the validity of the remaining portions of this Ordinance.
Section 3. All Sections or parts of Sections of the Code or Ordinances, all Ordinances or part
of Ordinances, and all Resolutions or parts of Resolutions, in conflict with this Ordinance are
repealed to the extent of such conflict.
Section 4. This Ordinance shall be effective immediately upon adoption at second and final
reading.
PASSED ON first reading this 19th day of April , 2016.
PASSED AND ADOPTED ON second and final reading this 17th day of May , 2016.
Alice Burch, Mayor
ATTEST:
4"�d
Barbara A. Estep, MMC
Village Clerk
APPROVED AS TO FORM:
Richard Sarafan, Village Attchey