(a)

Corporate seal. The corporate seal for the city shall be as follows: A round seal two inches in diameter with the words "City of Hallandale Beach" arranged in a circular form constituting the border around the top and the words "Broward County, Florida" around the base and the words "Incorporated 1947," "Seal" in the inner circle and the State of Florida emblem in the inner circle and the center of the seal; however, the city seal may be in such other form as the city commission may prescribe.

(b)

Logo and tagline. The city's trademarked logo shall consist of a stylized capital "H" with the word "Beach" occurring across the midsection of the "H" with the words "Hallandale Beach" below the stylized "H". The stylized "H" may be in full color or solid black with white lines. The city's tagline shall be "Progress. Innovation. Opportunity" and may be utilized under the stylized "H". The complete trademarked mark of the City of Hallandale Beach shall be as displayed in this section.

(c)

Prohibition. It shall be unlawful for any person, entity or organization to manufacture, use or display any facsimile or reproduction of the entirety or a portion of the city's seal, logo, tagline or name as a sponsor, except by city officials or employees in the performance of their official duties, without the express approval of the city commission. The city manager may authorize the use of the city logo and tagline for activities sponsored by governmental or non-profit entities previously approved by the city commission. This prohibition is inclusive of the utilization of the styled capital "H" with the word "Beach" occurring across the midsection of the "H" without the words "Hallandale Beach" below it. This prohibition does not apply to the words "Hallandale Beach" or "Beach" when not used in connection with the stylized "H" with the word "Beach" occurring across the midsection of the "H".

(d)

Penalty. As it relates to unauthorized use of the city's seal, pursuant to F.S. § 165.043, any violation of this section shall be a second degree misdemeanor and punishable as provided in F.S. §§ 775.082 or 775.083. Any infringement on the city's trademarked logo and/or tagline shall be enforced pursuant to federal statutes set forth in Chapter 15 of the United States Code including the imposition of an injunction and damages.

(Code 1980, § 2-1; Ord. No. 2016-23, § 1, 12-21-2016)

Editor's note— The Town of Hallandale was incorporated in 1927, and has continued as an incorporated municipality to the present time. However, by virtue of the Charter of 1947, the term "Town" was changed to "City" and the year "1927" was changed to "1947."

State Law reference— Seal authorized, F.S. § 165.043.

The city manager shall develop and keep current an administrative code for the purpose of implementing ordinances passed by the commission.

(Ord. No. 1057, 1-9-1976/3-9-1976)

(a)

The following definitions shall apply:

(1)

Lobbyist means all persons, firms, organizations and corporations (and their staff members) whether or not acting either on their own behalf on or on behalf of others on a matter before the city in which they may obtain a direct pecuniary gain and/or are paid by a party, principal or client who seek to participate, obtain and/or encourage the passage, defeat, or modification of any ordinance, resolution, contract, bid award, RFP, RFQ, and any action, decision or recommendation of the city commission or any action, decision or recommendation of the city board, agency or committee.

(2)

"Lobbyist" does not mean a city employee when acting in his official capacity.

(3)

"Lobbyist" does not mean any person in the public such as a resident who merely appears before the city commission, city board, agency or committee, in an individual capacity for the purpose of expressing his/her opinion without obtaining a direct pecuniary gain and is not specifically paid for the purpose of expressing support of or in opposition to any ordinance, resolution, decision or action on a matter of the city commission or any action recommendation or decision of any city board, agency or committee.

(4)

"Lobbyist" does not mean a person who, pursuant to the terms of a collective bargaining agreement, has been designated, and so recognized by the city as being a representative of a collective bargaining unit composed of city employees.

(b)

Registration. Every lobbyist shall file a registration with the city clerk's office on the form provided by the city. Such registrations must be submitted for each principal by which a lobbyist is engaged, prior to the commencement of any lobbying activities for said principal, and filed again annually after October 1 ^st and before October 30 for every subsequent year the lobbyist intends to lobby and continues to be engaged by the principal.

(1)

Every lobbyist shall submit to the city clerk's office a signed statement under oath:

a.

Identifying themselves and their respective principals or clients and/or the party they represent on any matter foreseeably to be decided by the city commission.

b.

The terms and amount of compensation to be paid by each principal to the lobbyist with regard to the specific issue on which the lobbyist has been engaged to lobby.

(2)

A fee shall be paid to the city for each registration. The city commission will adopt and may, from time to time, amend the lobbyist registration fee by resolution as it deems appropriate.

(3)

Under no circumstances shall a lobbyist working for the city lobby the city commission.

(4)

Any lobbyist representing a 501(c)(3) organization is required to submit a registration, but is exempt from payment of the registration fee.

(c)

Investigation by city. At the request of the city manager, the internal affairs department of the city's police department shall investigate any person engaged in lobbying activities which may be in violation of this section and/or who has allegedly fraudulently made representations to the city, and/or allegedly intentionally mislead the city or abused their influence. Internal affairs of the city's police department shall report the results of the investigation to the city manager. Upon a finding by the city manager of a violation by a lobbyist of this section, the city manager shall report to the city commission who may publicly reprimand, censure, fine and/or prohibit such person or firm from lobbying before the city commission or a city board, agency or committee for a period of up to but not to exceed two years.

(d)

Cone of silence. Lobbyists shall cease all contact and communication with the city commission 48 hours before the date set for a decision on a matter, unless contacted by a city commissioner. No city board, agency or committee shall have contact 48 hours before the date set for a decision on a matter.

(e)

Administrative policy. The city manager shall create an administrative policy to supplement this section to include a lobbyist registration form and to carry out its purpose.

(Ord. No. 2004-31, § 1, 12-7-2004; Ord. No. 2013-18, § 1, 11-6-2013; Ord. No. 2019-010, § 2, 5-22-2019)

The city manager is authorized to execute all contracts and/or agreements on behalf of the city which are not a result of the appropriations process and ordinances and are in the best interest of the city. The city manager is also authorized to execute all contracts and/or agreements on behalf of the city which do not exceed his or her purchasing authority.

(Ord. No. 2012-28, § 1, 10-3-2012)

(a)

Purpose. The city recognizes that the period of time following the birth, adoption or foster placement of a child is a special time of family bonding and that paid leave and workplace flexibility increases productivity, helps recruit talented workers, lowers worker turnover and replacement costs, reduces absenteeism, and improves job satisfaction. Therefore, the city shall provide employees with paid parental leave.

(b)

Definitions.

(1)

City employee means any full-time employee.

(2)

Parental leave means leave with pay for the purpose of caring for a newborn, newly-adopted child, or newly-placed foster child or children.

(c)

The city manager will create and maintain a policy for the provision of 12 weeks of paid parental leave to city employees.

(Ord. No. 2021-023, § 2, 10-20-2021)

(a)

The following definitions shall apply:

Donation is defined as any monetary or nonmonetary gift, device, or bequest to the city. A monetary donation includes cash, a check, money order or other negotiable instrument. A non-monetary donation includes real or personal property. Artwork is not a donation for purposes of this section.

Donor is defined as a person or other legal entity that proposes or provides a donation to the city.

(b)

Donations to the city shall be accepted as follows:

(1)

Department directors are authorized to accept donations valued at less than $500.00.

(2)

City manager or his/her designee is authorized to accept donations valued at $500.00 and less than $20,000.00.

(3)

Donations valued at $20,000.00 or more shall be accepted by the city commission.

(4)

The value of the donation shall be ascribed by the donor at the time the donation is tendered to the city.

(5)

Donations of artwork shall be in accordance with section 2-11, donations of artwork to city.

(6)

All donors shall submit a donation agreement form to the city.

(c)

The city reserves the right to decline any donation if, upon review, acceptance of the donation is determined not to be in the best interest of the city.

(Ord. No. 2018-010, § 2, 4-18-2018)

(a)

The following definitions shall apply:

Artist means a practitioner in the visual arts, generally recognized by critics and peers as a professional of serious intent and ability. Indications of a person's status as a professional artist include, but are not limited to, income realized through the sole commission of artwork, frequent or consistent art exhibitions, placement of artwork in public institutions or museums, receipt of honors and awards, and training in the arts. An individual not meeting this definition may be otherwise approved as an artist or professional artist by the city.

Artwork means tangible creations by artists exhibiting skill and aesthetic principles and includes all forms of the visual arts conceived in any medium, material, or combination thereof, including, but not limited to, paintings, sculptures, engravings, carvings, frescos, stained glass, mosaics, mobiles, tapestries, murals, photographs, video projections, digital images, bas-relief, high relief, fountains, kinetics, collages, drawings, monuments erected to commemorate a person or an event, functional furnishings, such as artist designed seating and pavers, architectural elements designed by an artist, and artist designed landforms or landscape elements. The following shall not be considered artwork for purposes of this section unless otherwise approved by the city commission:

(1)

Reproductions or unlimited copies of original artwork.

(2)

Art objects which are mass produced.

(3)

Works that are decorative, ornamental, or functional elements of the architecture or landscape design, except when commissioned from an artist as an integral aspect of a structure or site.

(b)

By agreeing to donate artwork to the city, the artist agrees to transfer all ownership interests to the city, including, but not limited to, all rights as to placement, the timing of placement and the location of placement of the donated artwork; and all rights as to the maintenance, storage, sale or disposal of the artwork.

(c)

An application for the donation of artwork to the city shall be submitted, and shall include:

(1)

Preliminary sketches, photographs or other documentation of sufficient descriptive clarity to indicate the nature of the proposed artwork;

(2)

For items valued at over $10,000.00, an appraisal or other evidence of the value of the proposed artwork including acquisition and installation costs;

(3)

A written agreement executed by the artist who created the artwork, in which he or she expressly waives all rights that can be waived under applicable state and federal laws. City approval of the artwork shall be deemed to be a grant of the artist for authorization by third parties to review and reproduce documents provided by the artist to the city which are deemed to be public records pursuant to the public records laws of the state. The city shall also have the option of referring to the name and title of the artist and artwork in reproductions.

(d)

Ownership of all works of art acquired by the city under this program is vested in the city. The city shall acquire title to each work of art acquired. The city commission is charged with the custody, supervision, maintenance and preservation of such works of art.

(e)

The city reserves the right to decline any donation if, upon review, acceptance of the donation is determined not to be in the best interest of the city.

(f)

Items may be accepted pursuant to the authorization thresholds in section 2-10.

(Ord. No. 2018-010, § 2, 4-18-2018)

(a)

Salary. The salary of the mayor and commissioners shall be presented as part of the annual budget. The salary presented will be the same as the previous year salary, but adjusted to include the same annual cost-of-living adjustment as applicable to members of the general employee bargaining unit and may be approved as part of the annual budget. However, in the event the mayor or a commissioner wish to adopt a salary that differs from the salary in the previous sentence, the subject must be included and voted on as a separate item on the agenda at the first of the two public hearings of the annual budget.

(b)

Other benefits. The mayor and commissioners shall be eligible for all health and non-pension retirement benefits applicable to members of the general employee bargaining unit. However, members of the commission may elect to obtain the cash equivalent of health coverage if they show proof they are otherwise covered by health insurance for the year.

(c)

Travel expenses. Commissioners shall be reimbursed for their actual and necessary travel expenses incurred in the performance of their duties of office as preauthorized by the city commission. Authorized travel for the purposes of this paragraph shall be limited to those expenses necessarily incurred in the performance of a public purpose related to the duties or office of a commissioner. Authorized travel expenses will be reimbursed in accordance with the Florida Statutes, as applicable to municipal legislative officers. Each annual budget shall contain an annual allotment for commission travel expenses.

(1)

Preauthorized travel. Each commissioner may be reimbursed up to one-fifth of the commission's total annual allotment of the commission for actual authorized travel without seeking commission approval for the specific travel. Travel within that allotment shall be considered preauthorized for the purposes of this section.

(2)

Any travel expense that exceeds an individual member of the commission's annual allotment must be approved by motion of the commission prior to incurring the expense.

(Ord. No. 85-23, § 2, 9-19-1985; Ord. No. 2007-13, § 1, 8-1-2007; Ord. No. 2017-16, § 1, 8-2-2017; Ord. No. 2020-016, § 1, 8-19-2020; Ord. No. 2021-020, § 1, 10-20-2021)

The commission may create by ordinance boards, authorities and agencies and may specify their membership and duties. All persons serving on boards shall be residents of the city except in the case of boards having special occupational or professional qualifications as to membership, or whose membership qualifications are established by general law, state or federal regulation, county ordinance or interlocal governmental agreement. A person shall serve on no more than two such boards or committees or any combination, authority or agency; and members of such boards or committees or any combination, authorities or agencies shall serve without compensation except for necessary expenses approved by the commission. Such boards, committees, authorities and agencies shall be a part of the municipal government and shall utilize the services when available through the regular departments and offices of the city, including the city attorney.

(Ord. No. 80-44, § 1(d), 12-2-1980/3-10-1981; Ord. No. 94-20, § 4, 8-30-1994; Ord. No. 2008-17, § 1, 8-20-2008)

(a)

Regular. The commission shall meet at such times and places as shall be specified by resolution. All meetings, formal or informal, of the city commission, all committees and all boards, elective or appointive, administrative or advisory, shall be conducted in open session; and the press and public shall be permitted to attend any of such meetings.

(b)

Special. Special meetings may be held on the call of the mayor or of a majority of the members of the commission, and whenever practicable, upon no less than 12 hours' notice to each member and the public.

(c)

Workshop. In addition to regular and special meetings, the mayor or the commission, by a majority vote, may decide to hold workshop meetings for information on and discussion of municipal and related matters, which meetings may be conducted like regular meetings; except that no resolution or ordinance may be adopted at a workshop meeting.

(d)

Organization. Following the regular city election and certification by the supervisor of elections, or as soon as may be practicable thereafter, if there has been a disputed election, the commission shall call a meeting at the city hall, at which time the newly elected commissioners shall assume the duties of their offices. No regular meeting shall be held until results are certified by the supervisor of elections.

(Code 1980, § 2-30; Ord. No. 2017-15, § 1, 6-21-2017)

(a)

Voting. Voting on ordinances and resolutions shall be by a randomized roll call and shall be recorded. A majority of the commission shall constitute a quorum; but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the commission. No action of the commission, except as otherwise provided in the preceding sentence and in Charter § 3.09(3), shall be valid or binding unless adopted by the affirmative vote of the majority of the commission.

(b)

Presiding officer and sergeant-at-arms.

(1)

The presiding officer of the city commission shall be the mayor or, in the mayor's absence, the vice mayor. In the absence of both the mayor and the vice mayor, a temporary presiding officer shall be selected by seniority of office of those commissioners present. The presiding officer shall preserve order and decorum at all regular and special meetings of the city commission and shall have the authority to regulate irrelevant debate, repetitious discussion and disruptive behavior at a public meeting. The presiding officer shall decide all questions of order and decorum, subject, however, to an appeal of said decision forthwith by a member of the city commission, in which event a majority vote of the city commission shall govern and conclusively determine such question of order or decorum.

(2)

The chief of police, or his designee, shall be the sergeant-at-arms of the city commission meetings. The sergeant-at-arms shall carry out all orders and instructions given by the presiding officer, or the majority of the commission if an appeal has been taken, for the purpose of maintaining order and decorum in the city commission meeting. Upon instruction of the presiding officer, it shall be the duty of the sergeant-at-arms to take appropriate and lawful action to maintain the order and decorum of the meeting.

(c)

Public participation. The city commission recognizes the importance of protecting the right of its citizens and taxpayers to express their opinions on the operation of city government and encourages citizen participation in the local government process. The city commission also recognizes the necessity for conducting orderly and efficient meetings in order to complete city business in a timely and proper manner. Therefore, a summary of the rules of decorum contained in this section, prepared by the city attorney, shall be read by the city clerk prior to the first public comment of every meeting and included in the published agenda.

(d)

Decorum and disorderly conduct.

(1)

Disorderly conduct. It is prohibited for any person to disturb or interrupt any meeting of the city commission or otherwise fail to comport with the rules of decorum herein. The following behavior shall not be considered orderly or decorous:

a.

The use of obscene or profane language.

b.

Loud and disruptive speech or other loud and boisterous behavior.

c.

Any physical violence or the threat thereof.

d.

Use of "fighting words" (e.g. words likely to cause a fight, that are threatening or tending to cause a breach of the peace, or speech that threatens harm).

e.

Engaging in personal attacks. Remarks should be directed to the presiding officer or the Board as a whole and not to individual Commissioners.

f.

Irrelevant, impertinent, or slanderous remarks. Speakers shall confine their comments solely to the agenda item being discussed or, during non-agenda public comment, to matters related to city business. Unless it is an agenda item, speakers are prohibited from discussing their own pending court cases and filed claims or complaints against the city or city personnel.

g.

Engaging in electioneering or campaign activities.

h.

Engaging in commercial speech or advertising unrelated to an item on the agenda.

(2)

Unruly audience behavior such as applause, audible conversations, booing, harassing remarks or other audience outburst will not be tolerated. The city commission is not allowed to consider such material and it intimidates and takes time away from other speakers.

(3)

It is prohibited for any person by speech or otherwise to delay or interrupt the proceedings or the peace of the city commission or disturb any person having the floor. No person shall refuse to obey the orders of the presiding officer. Disorderly conduct determined by the presiding officer or a majority of the city commission to be intended as a disruption of the meeting and a failure to comply with any lawful decision or order of the presiding officer or of a majority of the city commission, shall constitute a disturbance.

(4)

If the presiding officer or a majority of the commission declares an individual out of order, the individual will be cautioned. The individual shall be allowed the opportunity to conclude remarks on the subject in a decorous manner within the designated time limit. The presiding officer may bar any person failing to comply as cautioned from making any additional comments during the meeting, unless permission to continue or again address the commission is granted by the majority of the commission members present.

(5)

Any person who becomes disruptive or interferes with the orderly business of the commission may be removed from the commission chambers or other meeting room for the remainder of the meeting and may be arrested by the police chief, or designee, subject to F.S. § 810.08(1) or § 871.01.

(e)

Meeting protocol and procedure. The city commission will adopt and maintain a protocol manual. The protocol manual will govern the issues of meeting protocol and procedure. The manual may be periodically amended by motion approved by a majority vote of the full commission, but any rule not made mandatory by the Charter may be temporarily suspended by a majority vote of the commission present.

(Ord. No. 85-16, § 1, 6-18-1985; Ord. No. 89-10, § 1, 5-2-1989; Ord. No. 2017-15, § 1, 6-21-2017; Ord. No. 2019-008, § 1, 5-22-2019)

State Law reference— Public records, F.S. ch. 119; public meetings, F.S. § 286.011.

The commission shall have the right to refer any matters coming before the commission to a committee selected by the commission, which committee may be composed of one or more members of the commission, or the mayor, or private citizens, and shall be of such number of members as the commission shall designate. Such committee shall have authority only to investigate and make recommendations to the commission on any matters referred to it.

(Code 1980, § 2-46)

The commission will adopt and maintain a protocol manual stating the policies and procedures governing, among other things, the protocol between the city manager, city attorney, staff and the city commission, involving matters in and out of the city, as well as the public. The manual may be periodically amended by motion approved by a majority vote of the full commission.

(Code 1980, § 2-47; Ord. No. 2019-008, § 1, 5-22-2019)

The commission may punish its members for nonattendance, disorderly conduct, or violations of the protocol manual and, four-fifths of its members concurring, may expel a member for nonattendance or for improper conduct in office. They may compel the attendance of absent members by fines and penalties. They may censure members in violation of the commission's rules, as stated in the protocol manual. Members censured for violations of the protocol manual may forfeit pay in accordance with the provisions of the manual.

(Code 1980, § 2-48; Ord. No. 2019-008, § 1, 5-22-2019)

(a)

The city clerk is responsible for preparing meeting agendas. The city manager, city clerk, city attorney, or any commissioner may place an item on a meeting agenda for action.

(b)

Consent agenda. The city manager is directed to designate a consent agenda listing those items deemed by the city manager to be noncontroversial. Prior to the approval of the items on the consent agenda, any item therein may be withdrawn by a city commissioner, the city manager, the city attorney, or city clerk. Such withdrawal shall be nondebatable. After such items have been withdrawn from the consent agenda, the commission may consider a motion to adopt the remaining items listed in the consent agenda in a single motion. Any resident may request an item be pulled from the consent agenda during public participation, but the granting of such a request will be at the discretion of the city commission.

(c)

Staff responsibilities. The city manager shall decide the order of items on the agenda. The city manager shall take all necessary steps to avoid unnecessary duplication of supporting documentation for items on the agenda. Each item placed on the agenda shall have sufficient supporting documentation to enable the city commissioners to prepare for discussion on that item. Items requiring a resolution or ordinance may not be placed on the agenda unless the city attorney has provided the necessary resolution or ordinance.

(d)

Removal or pulling of items. No item placed on the agenda may be removed from the published agenda without the consent of the person placing such item on the agenda. At the meeting, the mayor may declare that an item is pulled (a term used to indicate removal) or deferred from the meeting's agenda, and no vote shall be required in that event. If any commissioner objects, the pulling or deferral of an item on the agenda may be overruled by a majority vote of commissioners present.

(e)

Distribution. Agendas should be distributed seven calendar days before a regular meeting, including workshops (e.g., the Wednesday preceding a Wednesday meeting), but shall be distributed no later than 5:00 p.m. on the sixth day preceding the meeting (e.g., the Thursday before a Wednesday meeting). The agenda packet shall be delivered to the members of the city commission electronically. Printed copies may be delivered upon request.

(f)

Addenda to the regular meeting agenda may be prepared with the approval of the mayor or city manager prior to any session of the city commission, but should be distributed to commissioners no less than 48 hours before the meeting.

(g)

As a courtesy, the city manager shall be responsible for ensuring that individuals known to be specially affected by a particular item on the agenda item be notified. Such notice need not be in writing, but may be by telephone if conditions warrant. Failure to provide this notification shall not be grounds to challenge the validity of a commission action.

(Ord. No. 2018-021, § 2, 8-15-2018)

The city commission shall appoint two individuals, either city commissioners or other legal resident of the city, to serve as regular members of the city police officers' and firefighters' board of trustees. The city commission's appointment of its members to serve as members of the city police officers' and firefighters' board of trustees, shall serve as an ex officio duty of their office as city commissioner. Any city commissioners appointed to the city police officers' and firefighters' board of trustees shall perform their ex officio duties as members of the city police officers' and firefighters' board of trustees as authorized by law.

(Ord. No. 2008-18, § 2, 9-3-2008; Ord. No. 2018-006, § 2, 3-21-2018)

Editor's note— Ord. No. 2008-18, § 2, adopted Sept. 3, 2008, set out provisions intended for use as § 2-40. For purposes of classification, and at the editor's discretion, these provisions have been included as § 2-39. See also the Code Comparative Table.

At intervals at the discretion of the department head, the head of each department of the city shall make, or cause to be made, a survey of the records of his department, and shall forward to the city clerk, for consideration by the records retention committee, his recommendations as to destruction or other disposition, microfilming, or microfilming and destruction, or other disposition, of any of the records of his department.

(Code 1980, § 2-71)

The city clerk shall have the power to order the destruction or other disposition of public records of the city with or without photographing such records prior to their destruction or other disposition. Before the clerk shall order any public records destroyed or otherwise disposed of by any department head, official or employee, such destruction or other disposition shall be approved by the records retention committee and the division of archives, history and records management of the department of state. Records may be photographed or microfilmed, whether or not destroyed or disposed of in some other fashion.

(Code 1980, § 2-72)

Destruction or other disposition of records shall be accomplished by disposing of them by any means or procedures approved by the state division of archives, history and records management. Upon the destruction or other disposition of any city records, the person destroying or otherwise disposing of or witnessing the destruction or other disposition of such records shall forthwith make and file with the city clerk a certificate describing the records destroyed or otherwise disposed of, and certifying the date and manner of destruction or other disposition.

(Code 1980, § 2-73)

The general records schedule for local government agencies promulgated by the department of state shall govern the procedures for scheduling and disposition of records of the city, and the retention periods established in such schedule or hereafter adopted or approved by the department are adopted; however, the city clerk shall have the authority to extend or defer the disposition of any record deemed necessary or convenient.

(Code 1980, § 2-74)

Microfilming of city records shall be in accordance with standards established by the department of state, and microfilm records shall be stored in accordance with such standards. In instances where the original document is lost, destroyed or otherwise disposed of, the microfilm copy shall serve as the official record of the city and may be certified by the city clerk as a true copy of the official records of the city.

(Code 1980, § 2-76)

Appointing authority means the office with authority to appoint an individual to a position.

Financial interest in an official action exists when the action may result directly or indirectly in a financial gain or loss accruing to the city official and or his immediate family to a greater extent than could reasonably be expected to accrue to the general public. Financial interest in a company, business, organization, or other entity exists when the city official and or their immediate family owns individually or combined, five percent or more shares of the company, business, or other entity and the value of such shares exceed $5,000.00.

Immediate family means the city official's spouse, children, parents or spouse's parents and any other family members within two degrees of affinity and or relation.

Organizational interest in a company, business, organization, or other entity exists when the city official is a director or a member of a board which establishes policy and/or budgetary decisions for the entity.

Personal interest means a direct or indirect interest, matter, or relationship not shared by the general public which could be reasonably expected to impair the city official's objectivity or independence of judgment.

Public official means any person elected or appointed to hold office in any agency, including any person serving on an advisory body. It further means any employee of an agency and includes contracted city employees and officials.

Special privilege means no public official shall use or attempt to use his or her official position or any property or resource which may be within his or her trust, or perform his or her official duties, to secure an immoral promise, favor, or influence benefit, or exempt for himself, herself, or others from other than faithfully performing their official duties.

(Ord. No. 2010-07, § 1(Exh. A), 5-5-2010)

Except as otherwise preempted under applicable federal, state, and common law and policies, no city official shall vote where they have a personal, financial or organizational interest.

(Ord. No. 2010-07, § 1(Exh. A), 5-5-2010)

A city official who may receive some benefit not shared by the general public due to a personal, financial, or organizational interest, shall disclose the interest and shall file a written disclosure with the city clerk describing the disqualifying interest.

(Ord. No. 2010-07, § 1(Exh. A), 5-5-2010)

A city official is prohibited from disclosing or offering to disclose information not available to the general public and acquired by reason of his or her position with the city. This information shall not be used for personal gain or benefit. This shall include information obtained in the regular course of city business.

(Ord. No. 2010-07, § 1(Exh. A), 5-5-2010)

(a)

City officials must disclose all personal, organizational, or financial interests in a business that is receiving city funds, directly or indirectly, through a business agreement with the city or a city contractor.

(b)

The disclosure required by this chapter shall be accomplished by filing with the city clerk a written statement by the city official involved describing the interest being disclosed.

(Ord. No. 2010-07, § 1(Exh. A), 5-5-2010)

(a)

Boards and committees will be created by ordinance and have five members unless a greater number of members is specifically stipulated in the enabling authority. All members of boards and committees, including alternate members, shall be appointed by a majority vote of the city commission. Individual members of the commission may not give direction to nor interfere with board or committee actions.

(b)

Nomination and appointment to boards and committees shall be as follows, unless otherwise required by law:

(1)

On boards and committees consisting of five members, each member of the city commission shall have one nomination.

(2)

On boards and committees consisting of seven members, each member of the city commission shall have one nomination and two members will be appointed by the commission-at-large.

(3)

On boards and committees of membership other than five or seven, the city commission shall specify the method of appointment in the enabling ordinance.

(4)

The city commission may appoint an alternate member to each board or committee to serve as a substitute for absent regular members; and while so serving, the substitute shall have the full power and authority of the absent member. No special qualifications shall be required to serve as an alternate member of any such board, authority or agency except as otherwise provided by law.

(5)

By motion, any commissioner may nominate a person to another commissioner's appointment should it be vacant for more than three commission meetings.

(c)

Qualifications.

(1)

Members of board or committees shall be a resident of Hallandale Beach and shall maintain residency in Hallandale Beach during the term of appointment, unless composition of the board or committee is otherwise constituted. All appointees must provide proof of residency unless the appointment is exempt from the residency requirement.

(2)

Individuals seeking appointments to a board or committee are to complete the application and submit to the city clerk. Appointees will complete an application following appointment if not received prior to the appointment, and all appointments prior to application are conditional upon successful completion of all application requirements and meeting all qualification criteria.

(3)

Except as authorized by the enabling authority, board or committee members may not be members of the city commission or city officials or employees. The city commission, officials and employees may attend or be designated to attend the board or committee meetings in an advisory or administrative capacity, such as a liaison function, without voting privileges.

(4)

Members must not be in default on any debt obligation with the city or be a party in litigation adverse to the city.

(5)

Background checks will be conducted on all prospective members prior to their appointment. The background check shall include a report of all public record city police department incident reports involving the prospective member.

a.

Prospective members who have charges pending or who have ever been convicted of a felony or a crime of moral turpitude shall not be appointed. Prospective members charged with a misdemeanor may be appointed if they were not convicted of the misdemeanor or if the date of offense is five years or more from the date of appointment. If the date of offense is within five years of the date of appointment, prospective members shall not be appointed if the charge is pending or if they have been convicted of the misdemeanor. Members of a city board who are charged with any crime while appointed to a city board shall have an obligation to report the crime to the city clerk and the member shall be automatically removed from the city board by operation of this section. Members who are convicted of any crime while on a city board shall automatically forfeit their appointment to the city board by operation of this section. For the purpose of this section any person who pleads "guilty" or "nolo contendere" or who is found guilty shall be deemed to have been convicted notwithstanding a suspension of sentence or a withholding of adjudication. A member who is found "not guilty" may be reappointed to the city board.

b.

Nothing in this article shall be deemed to prevent someone from serving on a board, agency, authority or committee if the person has been convicted, pled guilty, or pled no lo contendere to one or more of the following crimes, as the statutes currently exist or may be renumbered, or of the equivalent statute in another jurisdiction: driving while license suspended (F.S. § 322.34(2) or F.S. § 322.03(5)); no valid driver's license (F.S. § 322.03(1)); operating a commercial vehicle without an appropriate license (F.S. § 322.03(4)(b)); restricted license (F.S. § 322.16); having more than one license (F.S. § 322.03(1)(b)); expired registration (F.S. § 320.07(3)(c)); attaching tag not assigned (F.S. § 320.261); no valid registration (F.S. § 320.02); no motorcycle endorsement (F.S. § 322.03(4)); reckless driving (F.S. § 316.192); unlawful display of license/failure to surrender license (F.S. § 322.03), and permitting an unauthorized person to drive (F.S. § 322.36).

(d)

Vacancies. As necessary or as requested by a commissioner, the city clerk's office will advertise the availability of board and committee openings. Applicants are to complete a board or committee application and submit to the city clerk. As applications are received, the city clerk, through the city manager, will advise the commission of the application and vacancies. Appointments will be considered during the "city commission communications" portion of commission meetings.

(Ord. No. 2018-012, § 2, 5-16-2018; Ord. No. 2023-014, § 2, 8-23-2023; Ord. No. 2025-007, § 2, 4-9-2025)

The members and alternate members of all boards and committees shall serve at the pleasure of the city commission and shall be appointed for terms of approximately two years, with terms expiring on the date of the city commission organizational meeting following each city commission election. Appointees serve at the pleasure of the nominating commissioner or other appointing authority. If the nominating commissioner vacates his or her office for any reason, the terms of respective advisory board or committee members nominated by that commissioner shall terminate at the same time the commissioner's office is vacated. However, each member and alternate member shall continue to serve until a successor is appointed. All members and alternate members are eligible for reappointment.

(Ord. No. 2018-012, § 2, 5-16-2018; Ord. No. 2023-014, § 2, 8-23-2023)

All boards and committees shall appoint a chairperson, vice-chair, secretary and treasurer (if necessary) (collectively "the officers") at their first board or committee meeting and, thereafter, vote on the appointment of the officers in January of every year. Persons serving as an officer of the board or committee may be reelected to the office at the will of the board or committee.

(Ord. No. 2018-012, § 2, 5-16-2018; Ord. No. 2023-014, § 2, 8-23-2023)

(a)

Boards and committees will operate under "Roberts Rules of Order."

(b)

The secretary shall be responsible for the preparation of meeting minutes. The minutes shall include the date, time, location and name of the board, the name of the committee members and whether they are in attendance, all motions, the makers and those who second, and the vote. Verbatim minutes are not necessary. The secretary will have two weeks from the day of the meeting, to prepare typed minutes and provide a copy to each member and to the staff liaison. Within five days of approval of the minutes by vote of the board or committee a copy must be sent to the city clerk for distribution to the city manager and city commission.

(c)

Scheduling of meetings.

(1)

The meetings of board or committee may not conflict with any city commission meetings, special meetings or workshops that are posted. However, the city commission may schedule a town hall meeting, special meeting, or workshop on the same date and time as a board or committee meeting that has already been scheduled.

(2)

Meetings may begin and end at any time the board or committee determines, by majority vote. Prior to the beginning of each calendar year, all boards and committees must provide the city clerk with a calendar of intended meetings for the year. Meetings must be advertised by the city clerk and the secretary of the board or committee must inform the city clerk of the next two month's meeting dates the day after each board or committee meeting. Therefore, the boards must have 'meeting dates' as an item on their agenda each month, unless meetings will be on a regular schedule.

(3)

Meetings shall not be scheduled on holidays, including on the evening before significant holidays. If a meeting falls on Election Day, it shall be scheduled the following day.

(d)

A majority of the total number of members will constitute a quorum. For a five-person board or committee, three members shall constitute a quorum. For a seven-person board or committee, four members shall constitute a quorum. For a ten-person board or committee, six members shall constitute a quorum.

(e)

The city commission must first approve events desired by board or committee before the event is scheduled.

(f)

The treasurer (if necessary) will be responsible for all funds allocated to the board or committee and must keep accurate records and receipts for all purchases and sales. A report is due to the city clerk and staff liaison each month, within two business days after the meeting.

(g)

Annual reports. Annual reports are required of each board and committee. The following procedures will be followed regarding annual board or committee reports presented to the city commission.

(1)

An annual report from each board or committee will be due to the city clerk by December 15 of each year and presented to the city commission by the last meeting in April of the following year.

(2)

The board or committee chair or designee, in conjunction with the departmental liaison, shall prepare the annual report.

(3)

The annual report shall contain the following information:

a.

The purpose of the board or committee;

b.

A listing of the current members with notation of any vacancies;

c.

The significant activities or accomplishments during the past year;

d.

Priority activities for the coming year;

e.

Specific recommendations for city commission consideration, if any, provided the recommendations have been approved for submittal to the commission by the majority of the board or committee members.

(4)

The attendance of the board or committee departmental liaison is required at the commission meeting when the report is presented.

(Ord. No. 2018-012, § 2, 5-16-2018; Ord. No. 2023-014, § 2, 8-23-2023; Ord. No. 2025-007, § 3, 4-9-2025)

(a)

An attendance record of each scheduled board meeting shall be kept. All appointees and alternate appointees to a quasi-judicial board or committee are to attend all board or committee meetings.

(b)

Any appointee to a board or committee or alternate appointee who has three consecutive unexcused absences or has four total unexcused absences in one calendar year shall be automatically removed as a member of the respective board or committee. The chair of the board or committee or staff liaison shall report such absences to the city clerk. The city clerk, through the city manager, shall advise the commission of the removal of the board or committee member. Each board or committee member removed shall be notified in writing by the city clerk.

(c)

Excused absences are absences for reasons such as illness, family emergencies, military obligation, court imposed legal obligations, participation in city activities or other reasons deemed appropriate by the chair, or in the chair's absence, by the staff liaison. The member must advise the chair or staff liaison in advance in order for the absence to be excused. The chairperson must announce at the meeting the absence and whether the absence is excused or unexcused.

(Ord. No. 2018-012, § 2, 5-16-2018; Ord. No. 2023-014, § 2, 8-23-2023)

Ad hoc committees may be established administratively or by motion. Ad hoc committees are committees of temporary tenure and shall not have a term of greater than six months.

(Ord. No. 2018-012, § 2, 5-16-2018)

(a)

All boards, authorities and agencies created by general law, special act of the legislature, or pursuant to other authority, shall follow the requirements of the enabling legislation when such legislation is in conflict with this chapter.

(b)

Specifically exempted from this chapter are all municipal pension boards, the nuisance abatement board and the civil service board.

(Ord. No. 2018-012, § 2, 5-16-2018)

(a)

Wherever the power to subpoena witnesses to appear and testify in any matter, and to compel the production of documents or other materials or objects, has been conferred by the legislature of the state upon the city commission, the city civil service board, or any other board or agency of the city, such subpoenas, orders and other process shall be issued by the secretary or clerk of such board, signed by the presiding officer of such board, and served by a member of the police department of the city. The fee allowed by the laws of the state for the attendance of witnesses at any court shall be tendered to the witness together with the mileage to and from the place of hearing within the city and as provided by law.

(b)

Such subpoena shall be issued under the name of the board or agency conducting a hearing or investigation or other proceeding wherein the attendance of witnesses or production of documents is required by law, and shall be enforced by the court.

(c)

Upon the failure of any witness to attend after due service of a witness subpoena or upon a witness improperly declining to testify, or produce documents or materials before such board, or upon such witness or other individual conducting himself in such a way as to constitute a contempt of the board, the board may vote to direct its counsel to initiate contempt proceedings against the witness or other individual in the court having jurisdiction.

(d)

Upon the decision by majority vote of the board to initiate contempt proceedings, the chairman shall direct the counsel for such board to present to the city prosecutor the necessary facts, documents and other evidence to initiate attachment and contempt proceedings before the court. Upon receipt of such information and evidence, the prosecutor shall institute in the court a proceeding for contempt including attachment of a person alleged to be guilty.

(e)

After process has been issued and the person of the defendant brought before the court, the judge shall hear such evidence as may be offered upon the question of failure to obey the lawful commands of a subpoena, or to produce documents or other materials, or to testify, or otherwise be contemptuous of the lawful exercise of authority by such administrative board or agency, and shall decide the issue as in other matters of contempt of a court of record in this state.

(f)

If the witness or other person is adjudged guilty of contempt, that person shall be subject to the same penalties as for violation of any other section of the Code of Ordinances of the city.

(g)

All requests for witness subpoenas and for subpoenas for production of documents shall be addressed to the board by the party desiring the attendance of the witness or the production of documents or materials. The city shall pay such costs for witness fees and mileage as may be required to serve subpoenas on behalf of the city or any of its departments. Any other party to any proceeding desiring to obtain the issuance of a subpoena shall also advance the costs for witness fees and mileage to the clerk or secretary of the board issuing the subpoena for delivery to the witness if served.

(Code 1980, § 2-9; Ord. No. 2018-012, § 2, 5-16-2018)

Editor's note— Former § 2-77 was renumbered herein as § 2-78, at the editor's discretion, to facilitate inclusion of Ord. No. 2018-012 as new §§ 2-71—2-77.

Editor's note— Ord. No. 2023-015, § 2, adopted August 23, 2023, repealed § 2-101 which pertained to the beautification advisory board and derived from 1980 Code § 2-24 and Ord. No. 2018-013, adopted May 16, 2018.

(a)

Established. A planning and zoning board is established, which shall consist of five members designated in accordance with general advisory board nomination processes, one non-voting member designated by the school board, and two alternates designated by the city commission at-large. Each board member shall be a resident of the city and shall possess experience or interest in the fields of planning, zoning and land development.

(b)

Responsibilities. The board shall review and make advisory recommendations to the city commission on applications for the following:

(1)

Changes to the zoning code text or official zoning map (rezonings);

(2)

Conditional uses;

(3)

Variances, other than those variances it has authority to approve pertaining to minor development under section 32-965(a);

(4)

Changes to the comprehensive land use plan;

(5)

Development review approval for major development;

(6)

Application for all plats of subdivision and resubdivisions of land; and

(7)

Such other matters as deemed appropriate by the city commission.

(c)

Meetings. The planning and zoning board shall establish the time and place for all meetings and shall meet at least once each month on a regularly scheduled date. The board may elect not to hold a meeting when there are no scheduled items; when a quorum cannot be achieved; and during the month of December due to the holiday season. The board may schedule special meetings upon the call of the chairperson.

(d)

All board meetings shall be open to the public.

(e)

The director or his designee shall be in attendance at all meetings as an advisor and be permitted to propound questions, give evidence and make recommendations.

(Ord. No. 2018-013, § 7, 5-16-2018)

(a)

There is created and established a parks and recreation advisory board for the city, which shall consist of ten residents of the city. Each of the five commissioners will appoint two board members to the parks and recreation advisory board.

(b)

Functions and duties. The parks and recreation advisory board shall have the following functions and duties:

(1)

Make recommendations concerning the operation of all public parks, playgrounds, undeveloped park lands, public beaches and other recreational facilities within the city.

(2)

Recommend to the city commission and the city manager from time to time actions which it believes the city commission should take with reference to the acquisition, development and maintenance of parks, playgrounds and recreational facilities in the city.

(3)

Recommend rules and regulations for the operation of city parks, playgrounds and public recreational facilities.

(4)

Evaluate and make recommendations regarding potential beautification, and historic preservation of public parks, recreational facilities, and other city owned properties. This includes the ability to establish volunteer programs for the promotion and beautification of historical city sites.

(5)

Evaluate and make recommendations regarding accessibility issues at public parks, recreational facilities, and other city owned properties. For this purpose the board may appoint mobility and accessibility non-voting resident advisory members that have personal experience with accessibility issues. These advisory members may attend meetings remotely and will not count against quorum requirements.

(Ord. No. 2018-013, § 8, 5-16-2018; Ord. No. 2023-015, § 3, 8-23-2023)

There is created and established the Hallandale Beach Public Transportation, Traffic and Parking Board, which board is established for the purposes of assisting the city commission in planning, developing and implementing a mass transit program and addressing the issues of traffic and parking throughout the city. The board shall serve in an advisory capacity to the city commission regarding matters related to the city's mass transit program, parking, and traffic reduction initiatives. The board shall also take into account accessibility issues which affect the availability of transit for all members of the community. It shall exercise and perform such other duties as may be established by the city commission.

(Ord. No. 2018-013, § 9, 5-16-2018; Ord. No. 2023-015, § 4, 8-23-2023)

Editor's note— Ord. No. 2023-015, § 5, adopted August 23, 2023, repealed § 2-105 which pertained to the historic preservation board and derived from Ord. No. 2018-014, adopted May 16, 2018.

Editor's note— Ord. No. 2023-015, § 6, adopted August 23, 2023, repealed § 2-106 which pertained to the education advisory board and derived from Ord. No. 2018-018, adopted August 1, 2018.

(a)

There is hereby created a sustainability, beach preservation, and flood mitigation advisory board as an advisory board to the city commission.

(b)

Members. The board shall consist of five members appointed by the commission-at-large with two of the members being under the age of 18. The following qualifications will be taken into consideration in determining the composition of the board and supersede the general advisory board qualifications only to the extent that they contradict:

(1)

Non-residents may be appointed to the board, but any members not residing in the city must own a business within the city, be employed full-time within the city, or attend a school full-time in the city. At least four members must be residents of the city.

(2)

Members should have experience in the field of sustainability (resource conservation, smart growth/land planning, waste reduction, transportation, energy efficiency and renewable energy, beach preservation, green building, food security, resiliency or community outreach) or a genuine desire to delve into sustainability topics if limited in experience.

(3)

At least one or more members must have a certification or credential equivalent to Leadership in Energy and Environmental Design (LEED).

(4)

Board members must be motivated and have a high level of interest in helping move the city in a sustainable direction.

(5)

Board members should be representative of the diverse neighborhoods within Hallandale Beach.

(c)

The city manager shall provide adequate professional staff for the operational support of the board.

(Ord. No. 2019-006, § 2, 4-3-2019; Ord. No. 2023-015, § 7, 8-23-2023)

Editor's note— Ord. No. 2023-015, § 8, adopted August 23, 2023, repealed § 2-108 which pertained to the accessibility advisory board and derived from Ord. No. 2019-007, adopted April 17, 2019.

Editor's note— Ord. No. 2023-015, § 9, adopted August 23, 2023, repealed § 2-109 which pertained to the beach preservation advisory board and derived from Ord. No. 2020-003, adopted February 19, 2020.

Pursuant to F.S. chs. 166 and 893, and other relevant provisions of Florida law, the city commission hereby creates and establishes a board known and designated as the "nuisance abatement board" which shall be a quasi-judicial body. The city commission shall sit as the nuisance abatement board.

(Ord. No. 2018-015, § 3, 5-16-2018)

The nuisance abatement board shall function as the administrative board authorized by F.S. § 893.138 to hear complaints, declare public nuisances and render orders regarding the abatement of the public nuisances as defined in chapter 15 of the City's Code. The nuisance abatement board shall have the powers as delineated in this division, F.S. § 893.138, and other Florida law.

(Ord. No. 2018-015, § 3, 5-16-2018)

The city attorney, or his or her designee, shall act as counsel for the nuisance abatement board. The city manager or designee shall present evidence before the board on behalf of the city. The city attorney may retain independent special counsel on behalf of the city to present evidence to the board as necessary.

(Ord. No. 2018-015, § 3, 5-16-2018)

This division does not restrict the right of any person to proceed under F.S. § 60.05 against any public nuisance.

(Ord. No. 2018-015, § 3, 5-16-2018)

(a)

In addition to the offices mandated by the city Charter, the city shall maintain the following departments:

(1)

Budget and program monitoring.

(2)

Finance.

(3)

Fire.

(4)

Human resources.

(5)

Human services.

(6)

Innovation technology.

(7)

Parks, recreation, and open spaces.

(8)

Police.

(9)

Procurement.

(10)

Public works.

(11)

Sustainable development.

(12)

Transportation and mobility.

(b)

The head of each department shall report to the city manager, or his designee, and shall be designated as a director. Duties and responsibilities shall include those stipulated elsewhere in this Code, by ordinance or resolution, or as otherwise directed by the city manager.

(Ord. No. 2025-006, § 2, 2-19-2025)

There is created a department to be named and known as the human services department. The head of such department shall be designated as the director. The purposes and functions of the human services department and the director shall include the purposes and functions heretofore performed by the department of social services and its director.

(Ord. No. 2025-006, § 3, 2-19-2025)

There is created a department to be named and known as the transportation and mobility department. The department shall be responsible for managing transportation and mobility initiatives, the development of transportation infrastructure improvements, and strategic planning efforts to address transportation challenges.

(Ord. No. 2025-006, § 3, 2-19-2025)

There shall be appointed by the city commission a city attorney. The city attorney shall be a member of the Florida Bar, shall have no history of disciplinary action by the Florida Bar, and, if an individual, shall not during his or her tenure of office engage in any private practice of law. The city attorney shall be the head of the city attorney's office and in this capacity shall have the following powers and responsibilities:

(a)

To act as the legal advisor for the city and all of its officers in all matters relating to their official powers and duties.

(b)

To prepare or review all ordinances, resolutions, contracts, bonds and other written instruments in which the municipality is concerned, and shall endorse on each his/her approval of the form, language, and execution thereof with respect to legal sufficiency.

(c)

Prosecute or defend, directly or through other designated counsel, for and on behalf of the city, all complaints, suits and legal proceedings before any court or other legally constituted tribunal.

(d)

To attend meetings of the city commission, or delegate as necessary.

(e)

Recommend to the city commission for adoption, such measures as he/she may deem necessary or expedient.

(f)

Render opinions and/or reports on legal matters affecting the city as the commission may direct.

(g)

Examine and approve as to legal sufficiency all contracts, franchises, deeds or other undertakings of the city.

(h)

Participate, as he/she determines necessary, in the negotiation process for all transactions which involve more than $50,000.00 and in all negotiations in which the subject matter of a dispute could foreseeably lead to litigation.

(i)

Perform such other professional duties as may be required of him/her by ordinance or resolution of the commission.

(j)

To appoint and remove personnel as he/she deems necessary to accomplish the duties of the office of the city attorney, including all outside counsel and other legal services. All attorneys retained or employed by the city, regardless of the nature or kind of service performed or the title or designation under which they render legal service for the city, shall be under the direct supervision and control of the city attorney, except special outside counsel or legal services directly appointed by the city commission for specific engagements under section 2-362.

(Ord. No. 2017-28, § 2, 11-15-2017)

The city commission may, in its discretion, directly associate special counsel in any matter in which the city has an interest, and pay the compensation of such associate counsel. The police and fire pension board may retain its own attorney at the pension fund's expense.

(Ord. No. 2017-28, § 2, 11-15-2017)

The compensation of the city attorney and all other personnel of the city attorney's office shall be fixed by the commission in the annual budget. It shall be paid by the city in the same manner as salaries of other city employees are paid. Funds budgeted for unfilled positions may be utilized for temporary services or reallocated to other positions as necessary.

(Ord. No. 2017-28, § 2, 11-15-2017; Ord. No. 2025-006, § 4, 2-19-2025)

Due to the highly specialized nature of selecting legal services, the provisions of this Code relating to competitive procurement, delegated spending limits, bid protests and other procurement regulations shall not apply to retaining services of law firms or other outside counsel for any reason, nor to expert witnesses, appraisal services, legal support, trial consultants or similar persons or firms deemed by the city attorney as necessary to address the city's legal needs. These services will be selected by the city attorney, provided authorized funds are available in the annual budget. Nevertheless, in selecting outside counsel and other legal services, the city attorney should be mindful of the costs involved and should strive to select those firms and individuals who are the most qualified and who can provide the services to the city at a reasonable cost. The city attorney shall provide notice of retainers and periodic reports to the city commission of the costs for legal services.

(Ord. No. 2017-28, § 2, 11-15-2017)

(a)

Established; powers and duties. The office of city clerk is hereby established. The city clerk shall be appointed in accordance with the city Charter and shall be the head of the office of the city clerk. The city clerk shall be responsible to the city commission for the proper administration of all legislative affairs of the city and to that end shall have the following powers and duties:

(1)

Appoint and remove personnel as he/she deems necessary to accomplish the duties of the office of the city clerk;

(2)

Preparation and submittal of an annual budget request to the city commission, which shall fix the compensation and other costs allocated for the office of the city clerk;

(3)

Maintenance of the journal of all city commission meetings and work sessions and of such other board and committee meetings as shall be required by the city commission;

(4)

Authentication of all ordinances, resolutions, and transcripts of legislative functions;

(5)

Authorized to take all appropriate actions necessary to carry out all municipal elections in accordance with state law;

(6)

Publication of all public notices required by law;

(7)

Serve as the designated records custodian of all city records including, but not limited to, all contracts, deeds, abstracts, title insurance policies and other official documents, for the purpose of public records requests;

(8)

Preparation of all proclamations, certificates, key to the city, and other formal documentation by the city commission;

(9)

Notification to the city commission of all vacancies on boards or committees established by the city commission; and

(10)

Performance of such other duties as may be required by the city commission.

(b)

Designation of alternate officer to perform duties if clerk is temporarily absent or disabled. If the city clerk is temporarily absent or disabled, the city clerk shall designate a qualified officer of the city to perform the duties of city clerk until the city clerk shall return or the disability ceases. During such absence or disability, the city commission may, by resolution, appoint an alternate officer to perform the duties of city clerk.

(c)

Purchasing authority. The city clerk shall have delegated purchasing authority equivalent to that of the city manager for purchases made by the city clerk's office. The city clerk shall abide by all purchasing provisions and regulations applicable to the city manager.

(d)

Authority to correct scrivener's errors.

(1)

The city clerk is hereby authorized to correct scrivener's errors in this Code, and ordinances and resolution adopted by the city commission, and other commission action without the need for re-adoption of the Code provisions, ordinances, resolutions, or minutes. For the purposes of this section, a scrivener's error includes one or more of the following:

a.

Misspelling.

b.

Typographical error.

c.

Grammatical error.

d.

Numbering error, including a folio number.

e.

Cross-referencing error.

f.

Incorrect references to laws or technical sources.

g.

Other similar non-substantive amendments without the necessity of passage of a corrective ordinance, resolution, or other commission action.

(2)

The procedure for correcting scrivener's errors is as follows:

a.

When a typographical or scrivener's error, or other such inaccuracy that does not affect the intent of the ordinance or measure, is discovered, and the city clerk concurs with the city attorney as to the proper correction, the city clerk will make the correction and prepare a report describing the changes made and attach a copy of the corrected document(s) to the report.

b.

The report will be presented to the city commission within 30 days at a regularly scheduled city commission meeting.

(Ord. No. 2023-016, § 2, 8-23-2023)