Chapter 50 - ORGANIZATION OF BOARDS AND COMMISSIONS

TITLE IV - BOARDS AND COMMISSIONS Chapter 51A - JACKSONVILLE HOUSING AUTHORITY Chapter 50 - ORGANIZATION OF BOARDS AND COMMISSIONS[1]

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State Law reference— Public records generally, F.S. § 119.01 et seq.; notices of meetings and hearings must advise that a record is required to appeal, F.S. § 286.0105; public meetings and records, F.S. § 286.011; voting requirement at meetings of governmental bodies, F.S. § 286.012.

PART 1. - ORGANIZATION

Sec. 50.101. - Scope.

In the absence of provisions to the contrary, the provisions of this Chapter apply to all boards, commissions and councils created by ordinance.

(Ord. 73-1048-513, § 2; Ord. 83-591-400, § 1; Ord. 84-1307-754, § 8)

Note— Former § 49.101.

Sec. 50.102. - Members of boards and commissions.

(a)

General. Members of the boards and commissions shall be appointed by the Mayor, subject to confirmation by the Council, except where otherwise expressly provided with respect to a particular board or commission. Members of the boards and commissions, together with the Planning Commission created by Part 2, Chapter 30, shall continue in office for the term of their respective office, or until they are reappointed and confirmed, or until their qualified successors have been appointed and confirmed. Provided that, no member of any board or commission shall remain a member of the board or commission if they seek employment or a paid position of any kind with the department, agency or entity for which the board or commission has oversight or direct interaction with such department, agency or entity. Once a member submits an application for employment to the department, agency or entity for which the board or commission has oversight or direct interaction, the member shall tender their resignation within 24 hours. No member of any board or commission shall receive compensation for his services as such, except as otherwise provided herein, or be entitled to pension or other retirement benefits on account of such service. However, board or commission members shall receive their actual and necessary pre-approved expenses incurred in the performance of their duties of office, including travel expense reimbursement as provided in Chapter 106.

(b)

Residency Requirement. Except as otherwise specifically provided by ordinance or the Ordinance Code, all board and/or commission members of boards and/or commissions provided for in this Title, or in any other ordinance, whose members are confirmed by Council, shall be permanent residents of Duval County inclusive of Urban Service Districts 2, 3, 4 and 5; or maintain a substantial economic business interest or substantial philanthropic interest as determined by the City Council within Duval County. Failure to establish and maintain residency within Duval County, inclusive of Urban Service Districts 2, 3, 4 and 5, or failure to maintain a substantial economic business interest or substantial philanthropic interest as determined by the City Council within Duval County shall automatically and forthwith divest any member from the appointed board and/or commission and the seat shall be declared vacant.

(c)

Legislation and Justification Requirements. The legislation shall designate whether the appointee is or is not a resident of Duval County, inclusive of the Urban Services Districts 2, 3, 4 and 5. If the appointee does not reside in Duval County, inclusive of Urban Services Districts 2, 3, 4 and 5, the legislation shall clearly state the substantial business, or philanthropic contribution of the appointee, or that the provisions of the code are being waived for any non-resident appointee. The bill sponsor shall appear before the Rules Committee at a meeting separate and prior to the appearance of the appointee, to establish and debate the requirements of the substantial business and/or philanthropic contribution of the appointee and/or the reason for the waiver of the requirements of Section 50.102.

(Ord. 73-1048-513, § 2; Ord. 76-795-396, § 2; Ord. 80-651-349, § 2; Ord. 83-591-400, § 1; Ord. 84-1307-754, § 8; Ord. 95-1184-660, § 1; Ord. 2006-757-E, § 2; Ord. 2015-268-E, § 1; Ord. 2018-165-E, § 1)

Note— Former § 49.102.

Sec. 50.103. - Members may hold more than one office.

A member of any board or commission can hold another nonelective public office or a nonelective position in the Consolidated Government; provided, that:

(a)

The board or commission does not have authority over or make policy decisions which affect or regulate the public office or position in the Consolidated Government held by the person being considered for the appointment; and

(b)

The regularly scheduled board or commission meetings do not conflict with the workday or work duties of the person being considered for the appointment.

(Ord. 73-1048-513, § 2; Ord. 79-764-440, § 1; Ord. 83-591-400, § 1; Ord. 84-1307-754, § 8)

Note— Former § 49.103.

Sec. 50.104. - Vacancies; attendance; limitations on terms of service.

Any vacancy on any board or commission shall be filled for the unexpired term in the same manner as provided for the initial appointment to the board or commission. If any appointed member of a board or commission fails to attend two of three successive meetings of the board or commission without cause and without prior approval of the chairman of the board or commission, the board or commission shall declare the member's office vacant and the vacancy shall be filled as provided for herein. Any member appointed to a board or commission for two consecutive full terms shall not be eligible for the next succeeding term. Alternate member terms shall not be considered full terms for the purpose of term limitation. Any individual appointed to serve on a board or commission for less than 50 percent of the board or commission length of term, at the time of the effective date of the legislation, shall not be considered a first full term. These appointments shall be referred to as partial terms.

(Ord. 73-1048-513, § 2; Ord. 83-591-400, § 1; Ord. 84-1307-754, § 8; Ord. 87-1459-853, § 1; Ord. 2003-1208-E, § 1; Ord. 2006-393-E, § 1)

Note— Former § 49.104.

Sec. 50.105. - Procedure; officers; rules.

Unless otherwise provided with respect to a particular board or commission, each board or commission shall hold regular meetings at least quarterly and may hold more frequent regular meetings as needed. A majority of the membership of a board or commission shall constitute a quorum for the purpose of meetings and transacting business. Each board or commission shall elect a chairman, a vice chairman and a secretary, each of whom shall serve for one year and until his successor is chosen, unless otherwise provided with respect to a particular board or commission. The secretary shall ensure that minutes are taken for every official meeting of their board or commission. Each board may adopt, amend and repeal rules for its further organization, not inconsistent with law.

(Ord. 73-1048-513, § 2; Ord. 83-591-400, § 1; Ord. 84-1307-754, § 8; Ord. 2015-268-E, § 1)

Note— Former § 49.105.

Sec. 50.106. - Budgets.

Each board or commission shall submit, through the Finance and Administration Department, within the time and in the manner provided in the Budget and Accounting Code, an annual legislative budget for the public funds which it deems necessary for the performance of its functions. If a budget is appropriated by the Council, it shall be administered as a part of the appropriations to the Executive Office of the Mayor for advisory and regulatory boards. The requirements of this Section shall not be prejudicial to other ordinances making other provisions for the submission or administration of a budget by a particular board or commission.

(Ord. 73-1048-513, § 2; Ord. 83-591-400, § 1; Ord. 84-1307-754, § 8; Ord. 2016-140-E, § 16)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Note— Former § 49.106.

Sec. 50.107. - Boards and commissions subject to certain laws.

Each board and commission is subject to the provisions of F.S. Ch. 119 and F.S. Ch. 286 (the Public Records Law and the Government in the Sunshine Law, respectively) and any exceptions as provided for by Florida law, specifically Section 112.324 (Commission on Ethics). Each prospective member of a board or commission of the City shall be provided with a summary of F.S. Ch. 119 and F.S. Ch. 286, prepared by the Office of Ethics, Compliance and Oversight and the Office of General Counsel, by the nominating authority prior to the prospective member's acceptance of such nomination. Furthermore, each prospective member shall acknowledge receipt of these documents and shall acknowledge an understanding of the duties and responsibilities of such membership, as imposed by such laws, prior to confirmation of the prospective member by the Council. The rules of each board and commission shall designate a custodian of the records of the board or commission, who shall be responsible for their safekeeping and administration according to F.S. Ch. 119 and Part 2, Chapter 124.

(Ord. 83-591-400, § 1; Ord. 88-131-50, § 1; Ord. 2010-172-E, § 1; Ord. 2015-268-E, § 1)

Sec. 50.108. - Duties of boards and commissions.

In order for each person appointed to a board or commission to understand the duties and responsibilities for that office, each prospective member of a board or commission of the City shall be provided with a copy of the ordinance, statute or order creating that board or commission by the nominating authority prior to the prospective member's acceptance of such nomination. Furthermore, each prospective member shall acknowledge receipt of these documents and shall acknowledge an understanding of the duties and responsibilities of such membership, as imposed by such laws, prior to confirmation of the prospective member by the Council.

(Ord. 91-127-254, § 1)

Sec. 50.109. - Ethics Training.

Every Board and Commission member shall attend an Ethics Training program within the first six months of confirmation of his/her appointment. Upon fulfillment of this requirement, each member will be issued a certificate of completion by the Ethics Office. This certification is valid for a period of four years. Each member shall also be required to review any annual training updates posted online. The Ethics Training program shall be created and delivered by the Office of Ethics, Compliance and Oversight with assistance from the Office of General Counsel. Training topics may include but are not limited to:

(1)

Ethics in government;

(2)

ADA compliance;

(3)

Chapter 50 (Boards and Commissions) and Chapter 58 (Advisory Boards and Commission) of the Ordinance Code;

(4)

Public Records and Sunshine Law;

(5)

Methods for elimination of discriminatory practices.

(Ord. 2015-268-E, § 1)

Sec. 50.110. - Review of Boards and Commissions, Sunsetting and Reporting.

(a)

Review and Sunsetting of Certain Boards and Commissions. Beginning on July 1, 2016 (or shortly thereafter) and at least every four years thereafter, the Rules Committee, or the council committee assigned to such related matters, shall begin the process of reviewing each of the boards and commissions created by Ordinance Code or boards or commissions created by the City pursuant to state law (but not statutorily mandated boards or commissions)(together described hereinafter "Boards and Commissions"), as identified in Appendix A, to assess whether such Board or Commission continues to perform a valuable service or fulfill a valuable function for our City, whether any restrictions placed on membership of the Board or Commission are appropriate or should be diminished or enhanced, whether the duties and responsibilities of the Board or Commission should be revised, and any other relevant matter with respect to the operation and purpose of such Boards and Commissions and the need for continuation of such Boards and Commissions. The first review shall follow a schedule created by the Rules Committee Chair and shall be completed by June 30, 2017. Thereafter every four years, the Rules Committee shall complete the review within the same Council calendar year as initiated. Following the review of the Boards and Commissions identified in Appendix A, as may be amended from time to time, the Rules Committee shall make a recommendation as to which, if any, should sunset and shall proffer legislation to sunset any of said Boards and Commissions, which individual legislation shall be assigned to the standing committee(s) charged with matters delegated to that subject matter of certain Boards and Commissions;

(b)

Reporting. In addition to the requirements of Chapter 58, Ordinance Code, all Boards and Commissions described in subparagraph (a) above, and Boards or Commissions requiring joint appointment by the Council and Mayor, including those of the independent authorities, shall submit an annual report to Council, filed with the Council Secretary, with supporting documentation, no later than June 30 of each year. The annual report shall contain a summary of the board or commissions' prior year activities, including how often the board or commission met, the current members of the board or commission, identification of any vacancy positions, and its individual assessment of the effectiveness of the particular board or commission.

APPENDIX A\BOARDS AND COMMISSIONS

Ordinance Code Boards

Art in Public Places Committee

BCAB-Building Codes Adjustment Board

BJP FAC-Better Jacksonville Plan Financial Administration Committee

BJP PAC-Better Jacksonville Plan Project Administration Committee

COEA-Jacksonville-Duval County Council on Elder Affairs

Concurrency & Mobility Management Systems Technical Advisory Committee

Context Sensitive Streets Standards Committee

Courthouse Architectural Review Committee

CTQB-Construction Trades Qualifying Board

Cultural Service Grant Committee

DDRB-Downtown Development Review Board

DIA-Downtown Investment Authority

Duval County Election Advisory Panel

EPB-Environmental Protection Board

Health & Life Insurance Procurement Committee

Industrial Development Revenue Bond Review Committee

Inspector General Selection & Retention Committee

Jacksonville Fire Museum Advisory Board

Jacksonville Historic Preservation Commission

JHRC-Jacksonville Human Rights Commission

JOB-Duval County Job Opportunity Board

JSEB Monitoring Committee

JWC-Jacksonville Waterways Commission

Kids Hope Alliance

Kids Hope Alliance (Non-Voting)

Library Board of Trustees

PFPF Financial Investment & Advisory Committee

Post-Employment Appeals Committee

Public Service Grant Appeals Board

Public Service Grant Council

Security & Emergency Preparedness Planning Council

SJRFC-St. Johns River Ferry Commission

Special Committee on Group Health Benefits

Subdivision Standards & Policy Advisory Committee

TRC-Tower Review Committee

TRUE-Taxation, Revenue & Utilization of Expenditures Commission

Florida Statute Boards

RDA-Duval County Research & Development Authority

JIA Area Redevelopment Agency Board

Renew Arlington Community Redevelopment Agency Advisory Board

(Ord. 2016-521-E, § 2; Ord. 2017-563-E, § 11)

Sec. 50.111. - Response to Requests of the Council Auditor.

Boards or commissions that are in receipt of a request for information from the Council Auditor pursuant to the authority of the Council Auditor under Section 5.10, Charter of the City of Jacksonville, shall, within two business days of receipt of the request, 1) acknowledge receipt of the request by electronic mail to the Council Auditor, and 2) submit to the Council Auditor an estimated timeframe for which the information requested will be available to the Council Auditor for review. If the information requested by the Council Auditor is not within the purview of the board or commission or the board or commission is unsure of the request or unfamiliar with the information that is requested, the board or commission should provide such information in its response to the Council Auditor.

(Ord. 2020-39-E, § 1)

PART 2. - PROCEDURES GOVERNING CONDUCT OF PUBLIC OFFICIALS WITH RESPECT TO EX PARTE COMMUNICATIONS

Sec. 50.201. - Purpose.

The purpose of this Part 2 is to establish procedures, to remove the presumption of prejudice from ex parte communications, that is, any communication which occurs outside of a public hearing, with local public officials who are members of any City of Jacksonville board, agency, authority or commission, including the City Council, which recommends or takes quasi-judicial action as a member of such board, agency, authority, commission or City Council. Further, the purpose of this Part is to entitle the public officials of the City of Jacksonville and its citizens to all of the benefits available pursuant to the authority of F.S. § 286.0115.

(Ord. 95-863-762, § 2)

Sec. 50.202. - Definitions.

As used herein:

(a)

Board, agency, authority or commission means all of those boards and commissions included within this Title IV, Ordinance Code, as well as the Planning Commission, the Civil Service Board, Value Adjustment Board and the City Council;

(b)

Ex parte communication means any form of communication, either oral or written, including any other form of non-verbal communication, with public officials which occurs outside of a public hearing. Such communications include, but are not limited to: conversations, meetings, site visits, mailings, or presentations during which substantial factual information about an item is gathered by or submitted to a local public official;

(c)

Local public official or public official means any elected or appointed public official of a City of Jacksonville board, agency, authority or commission, including the City Council, which recommends or takes quasi-judicial action;

(d)

Quasi-judicial is a term which applies to the action of public officials or bodies who are required to investigate facts, or ascertain the existence of facts, hold hearings, weigh evidence and draw conclusions from them, as a basis for their official action, and to exercise discretion of a judicial nature.

(Ord. 95-863-762, § 2)

Sec. 50.203. - Applicability.

This Part shall apply to any and all quasi-judicial proceedings of all commissions included within this Title IV, Ordinance Code, the Planning Commission, the Civil Service Board, the Value Adjustment Board and the City Council. This ordinance is not intended to and shall not apply to the independent agencies of the City of Jacksonville, such as the JEA, the Jacksonville Transportation Authority, the Duval County School Board and the Downtown Development Authority.

(Ord. 95-863-762, § 2)

Sec. 50.204. - Declaration of policy on ex parte communications; procedures for disclosure.

During the course of carrying out the duties and responsibilities of local public officials, situations may arise in which ex parte communications occur. Recognizing that such communications may, at times, be unavoidable, and that an outright prohibition on such communications interferes with the public's right to voice its opinions to public officials and with the performance of the duties and responsibilities of public officials, on those occasions when ex parte communications are received by local public officials, they shall be handled in the following manner:

(a)

Communications generally. All communications involving matters of a quasi-judicial nature should occur at public hearing(s), except as otherwise specifically permitted hereunder or in subsection (b) of this Section.

(i)

Written communications. Public officials may read written ex parte communications concerning quasi-judicial matters which are before, or likely to come before, the quasi-judicial body, provided that the public official shall transmit a copy of the written communication to the secretary of the quasi-judicial body in order that such written communication may be placed on file for public inspection and made a part of the record as soon as reasonably practicable before final action on the matter.

(ii)

Oral communications. Local public officials shall disclose the substance of all oral ex parte communications which have significantly influenced their preliminary views or opinions concerning a particular matter, as well as the identity of the person, group or entity with whom the communication occurred, before or during the public meeting at which a vote is taken on the matter, but preferably no later than the beginning of the last public hearing before final action on the matter, and such disclosures shall be made a part of the record before final action on the matter.

(iii)

Investigations, site visits and expert opinions. Public officials may conduct investigations and site visits and receive expert opinions in deciding a specific matter before the quasi-judicial body; provided however, that such information, shall be disclosed at the public hearing and made part of the record before final action on the matter.

(b)

Oral communications subsequent to first advertised public hearing. Oral communications regarding pending quasi-judicial matters which occur subsequent to the first advertised public hearing before the quasi-judicial body in a public meeting and pursuant to due notice in writing to the applicant and all interested parties who appeared before the quasi-judicial body, either orally or in writing, are permitted, provided the tape or minutes of such meeting are prepared and placed on file for public inspection within seven days from the date of such meeting or before final action on the matter, whichever occurs first.

(Ord. 95-863-762, § 2)

Sec. 50.205. - Process for disclosure.

All disclosures of ex parte communications must be made before or during the public meeting at which a vote is taken on a matter, and prior to the vote being taken, so that persons with opinions contrary to those expressed in the ex parte communication are provided a reasonable opportunity to respond to or refute the communication. Local public officials shall disclose the substance of all oral ex parte communications which have significantly influenced their preliminary views or opinions concerning a particular matter, as well as the identity of the person, group or entity with whom the communication occurred, before or during the public meeting at which a vote is taken on the matter, but preferably no later than the beginning of the last public hearing before final action on the matter, and such disclosures shall be made a part of the record. Disclosure alone shall not be deemed a sufficient basis for a request to defer an item.

(Ord. 95-863-762, § 2)

Sec. 50.206. - No penalties for nondisclosure.

The failure of a public official to disclose the substance of any ex parte communication shall not be deemed to constitute a violation of the Ordinance Code, and public officials shall not be subject to fines or penalties as a result of such nondisclosure or non-compliance with these procedures.

(Ord. 95-863-762, § 2)

Sec. 50.207. - Additional rules and procedure permitted.

Each board, agency, authority or commission governed by these procedures may adopt additional rules and procedures or more stringent rules and procedures relating to ex parte communications, so long as such are not in conflict with this Chapter.

(Ord. 95-863-762, § 2)

TITLE IV - BOARDS AND COMMISSIONS Chapter 51A - JACKSONVILLE HOUSING AUTHORITY