§ 32.16. APPLICATION.

(A)

A Member of any City Board appointed by the City Commission to serve for a fixed term may be removed during the term of office in accordance with the provisions of this subchapter. This subchapter shall apply to any City Board, operating under the auspices of the City, whether created by Charter, special act, ordinance or resolution, except as provided in [subsection] (B) below.

(B)

(1)

The Code Enforcement Board shall be governed by F.S. Chapter 162.05(e) and (f) which provides that any Member of a Code Enforcement Board may be removed for cause or if a Member fails to attend two (2) of three (3) successive meetings without cause and without prior approval of the chairman. Upon the occurrence of any of the preceding events, the Enforcement Board shall declare the Member's office vacant, and the City Commission shall promptly fill the vacancy.

(2)

The Community Redevelopment Agency shall be governed by Florida Statutes Chapter 163.356(4) which provides that the City Commission may remove a Community Redevelopment Agency Commissioner for inefficiency, neglect of duty, or misconduct in office only after a hearing and only if the member has been given a copy of the charges at least ten (10) days prior to such hearing and has had an opportunity to be heard in person or by counsel.

(3)

The Downtown Development Authority shall be governed by Special Act which is codified as Chapter 71-604, Laws of Florida, as amended. The Special Act provides that the City Commission may remove a Member of the authority for good cause upon a vote of four-fifths of its entire membership, authorizes removal after notice which specifies the charges, and after a hearing. Good cause in the Special Act is defined as willful neglect of duty, incompetence, or unfitness to perform one's duty or conviction of an offense involving moral turpitude. Members so removed shall be entitled to review by the circuit court of the action taken.

(4)

The Delray Beach Housing Authority shall be governed by F.S. Chapter 421.07 which provides for the removal of Commissioners for inefficiency or neglect of duty, or misconduct in office. A Commissioner may be removed by the Mayor with concurrence of the governing body, but a Commissioner shall be removed only after the Commissioner has been given a copy of the charges at least ten (10) days prior to the hearing thereon and after an opportunity to be heard.

(C)

The provisions of this subchapter shall be cumulative to such other procedures as specified in other applicable provisions of law concerning a specific board, Committee or Commission.

(Code 1980, § 2-131; Ord. No. 55-80, passed 10/14/80; Am. Ord. No. 19-95, passed 4/4/95; Ord. No. 34-14, § 2, passed 11/18/14 )