§ 90-53. Member removal, attendance and vacancies.

(a)

Action by the commission.

(1)

A member or officer may be removed by a weighted vote of two-thirds of the commission for the intentional failure to disclose a voting conflict of interest as required by the Florida Statutes for misfeasance or malfeasance. Misfeasance shall be any lawful action which is performed on behalf of or in connection with the commission which is found to have been done in an illegal or improper manner. Malfeasance shall be any action which is performed on behalf of or in connection with the commission which is found to be an act of wrongdoing or intentional misconduct.

(2)

Attendance at all regular meetings of the commission is mandatory. If any member fails to attend three regularly scheduled commission meetings during any calendar year ending December 31, the member's seat shall be deemed vacant. The chairman of the commission shall notify the member and appointing jurisdiction after two missed regular meetings. A vacancy on the commission shall also occur upon the death of the commission member, upon the member's resignation, upon the refusal of an appointee to accept a position as a member of the commission, upon conviction of a felony, upon adjudication of the member by a court to be mentally incompetent.

(3)

Upon such removal or vacancy, the member's seat shall be deemed vacant and the chairman of the commission shall send written notification of the vacancy to the member and their appointing jurisdiction. A member may be reappointed by their respective jurisdiction if the seat is deemed vacant due to the failure to attend meetings of the commission. Appointments to fill any vacancy shall be for the remainder of the unexpired term. The weighted vote apportioned to a vacant seat shall not be counted in determining whether or not a majority of the weighted vote is present and voting at a meeting of the commission.

(b)

Action by the appointing unit of local government. The appointing governing body of each jurisdiction of a voting representative shall retain those rights, if any, to remove the appointed voting representative as contained in the appointing governing body's code of ordinances. If the appointing governing body's code of ordinances does not provide for removal of an appointed voting representative from office then such appointee shall have the right to carry out his or her full term. In the event an appointed voting representative is removed from office, then the replacement appointed voting representative shall serve for the remainder of the prior appointed voting representative's term.

(Ord. No. 2012-16, § I, 10-4-12; Ord. No. 2016-10, § I, 5-5-16)