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HomeMy Public PortalAbout18-2010 Removal of Ethics Commission Mbr 09 28 10ORDINANCE NO. 18-2010 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES SEC. 23-34(d) PERTAINING TO THE REMOVAL OF MEMBERS OF THE ETHICS COMMISSION FOR THE CITY OF TYBEE ISLAND, GEORGIA WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to adopt ordinances under it police, zoning, and home rule powers, and WHEREAS, the governing authority desires to amend Sec. 23-34(d) of the Code dealing with the removal of members of the Ethics Commission, and for other purposes; NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that Sec. 23-34(d) of the Code of Ordinances of the City of Tybee Island is hereby amended so as to hereinafter provide as follows: (d) Removal of members of the Ethics Commission other than by resignation or expiration of term shall be for cause as determined by the Mayor and Council following a public hearing. As used herein, “cause” shall include but not be limited to, failure to attend meetings of the Ethics Commission on a regular basis; when there is a recommendation from the Ethics Commission for conduct allegedly reasonably calculated to result in the Ethics Commission, the City or the City Council being held up to ridicule; while a member, conviction of a crime which is a felony or misdemeanor involving moral turpitude or dishonesty, or of an ordinance violation involving moral turpitude or dishonesty; a lack of qualification as determined by the Ethics Commission and/or the Mayor and Council; and conduct or circumstances determined by the Mayor and Council to justify removal in the best interest of the City. There is no property right in an appointment and the existence of cause as grounds for removal is not to be considered as creating any property right in the appointed position, nor is the existence of any hearings or procedures to be deemed or considered as creating any property right. It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered if necessary to accomplish such intention. This Ordinance shall become effective on ________ day of __________________, 2010. ADOPTED THIS       DAY OF                    , 2010. _________________________________ MAYOR ATTEST:                                                         CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: EMH/TYBEE/ORDINANCES/2010/18-2010/Removal of Ethics Commission Mbr 09.28.10