Resolution 214-1986
County Commission
RESOLUTION NO. 214-1986
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
APPROVING THE AMENDMENTS OF THE BYLAWS OF THE
MONROE COUNTY FINE ARTS COUNCIL AND ADOPTING
SAID AMENDMENTS BY DIRECT REFERENCE.
BE IT RESOLVED BY THE MAYOR AND COUNTY COMMISSION OF MONROE
COUNTY, FLORIDA, that:
1. The bylaws of the Monroe County Fine Arts Council be,
and they are hereby amended, such amendments being reflected and
shown as attached hereto and adopted by direct reference
herewith.
2. That any and all bylaws contrary to those herein amended
and approved by the Mayor and County Commission are hereby
nullified and have no force or effect.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
day of July, A.D. 1986.
on the 11th
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY: ~~~N
(SEAL)
ATTEST: DANNY L. KOLHAGE, Clerk
')
BY ArJ:'b""~
A Uo"," , . --1 '
BY-LAWS OF THE
MONROE COUNTY FINE ARTS COUNCIL
ARTICLE I
AUTHORITY AND SCOPE
Section 1.
Authority.
The Monroe County Fine Arts
Council (the "Council") is a part of the government of Monroe
County, Florida, having been established by Monroe County
Ordinance No. 6-1980, adopted by the County Commission on
April 22, 1980, (the "Ordinance").
The Ordinance established the purposes of the Council,
qualifications for membership and sets forth certain powers
of the Council and various other matters set forth therein.
These Bylaws are adopted pursuant to the authorization
contained in Section 6, Paragraph three (3) of the Ordinance
which authorizes the Council "[t]o adopt rules for the
regulation of its affairs and the conduct of its business.
Section 2.
Scope.
These Bylaws are intended to
supplement the matters covered by the Ordinance and not to
supersede or modify any provisions of the Ordinance.
In the
event of any conflict between anything contained in the
Bylaws and anything contained in the Ordinance or any other
applicable ordinace or law, the latter shall govern.
ARTICLE II
MEETINGS OF THE COUNCIL
Section 1. Public Meetings. All meetings and business
of the Council shall comply with all of the requirements of
Florida Statute 286.011 and any amendments thereto.
Section 2.
Regular Meetings. Regular meetings of the
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Council may be held at any time, not less frequently than
quarterly, and at such place within Monroe County as shall be
from time to time determined by the Council.
Section 3. Special Meetings. Other meetings of the
Council may be held upon notice by letter, telegram or in
person, delivered for mailing transmission or in person as
the case may be, not later than during the fifth
immediately preceding such meeting, upon the call of
Chairperon or any five Council members.
Section 4. Notice and Waivers of Notice. Notice of
any meetings of the Council may be waived in writing signed
by the members entitled to such notice, whether before or
day
the
after the time of such meeting. Attendance of a member at
such meeting shall constitute waiver of notice thereof.
The purpose or purposes of such meeting shall be
specified in the notice or waiver of notice of such meeting.
Section 5. Agenda. The Agenda for all regular
meetings of the Council shall be determined by the
Chairperson in consultation with the staff and with regard to
the recommendations of the members.
Section 6. Voting. Each member shall be entitled
to one vote, if present, on each matter coming before a
meeting of the Council. No member may vote by proxy. If a
quorum of the members is present, the vote of a majority of
such members shall be deemed the action of the entire
Council.
Section 7.
Conquct of the Meetings.
All meetings
meetings shall be open to the public but participation in
discussion by members of the public shall be at the
discretion of the Chairperson of the meeting. In the conduct
of all meetings, the agenda shall be followed to the extent
practicable, but the matters considered and the procedure
followed
shall be within the sole discretion of
the
Chairperson, subject to any requirements of applicable County
ordinance or other laws.
Section 8. Public Requests. Any Monroe County
resident or organization concerned with the arts shall be
entitled to request consideration for a hearing before the
Council. Such request shall be made in writing and shall be
delivered to the Council office at least 15 days prior to a
regular monthly meeting, with a copy of the request mailed to
the Chairperson. The request shall include all relevant
facts concerning the subject of the request, including, if
possible, the solution the requesting party believes the
Council should consider. Scheduling of any such request for
consideration by the Council shall be at the discretion of
the Chairperson.
ARTICLE III
VACANCIES
Section 1. Appointment. For the purpose of filling
vacancies of those whose terms are expiring, the Council
shall submit names of candidates to the County Commission in
time for appointment in July, the appointments to take effect
at the beginning of the fiscal year (October 1).
Section 2. Resignation. Any member may resign at any
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time by delivering written notice of such resignation to the
Chairperson of the Council.
Section 3.
Reappointment.
No Council member who
serves
a full four year term shall be eligible
for
reappointment to the Council by the County Commission during
the two year period immediately following expiration of his
or her term.
ARTICLE IV
OFFICERS
Section 1.
Number. The Officers of the Council shall
be Chairperson and a Vice-Chairperson as specified by
Ordinance, and a Secretary and Treasurer. Additionally there
may be such other offices as may be determined from time to
time by the Council to be necessary or desirable for the
efficient administration of Council business.
Section 2.
Term of Office. Officers shall be elected
by the Counci~ by ballot at the annual meeting of the Council
immediately following the membership meeting, simultaneously
with the installation of the new members of the Council.
Each officer shall be elected for a one (1) year term but may
be re-elected for an additional one (1) year term. No
officer shall serve in the same office more than two (2)
consecutive ,years.
Section 3.
Election.
The Officers of the Council
shall be elected annually by the Board of Directors in the
follwing manner:
(a)
A
Nominating Committee
appointed
by
the
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Chairperson shall recommend a slate of officers to the
Council.
(b) The duty of the Nominating Committee shall be to
select such officers from the members of the Council believed
to be best qualified for each office and to submit such names
to the Council fifteen (15) days prior to the meeting of the
Council in November of each year.
(c) Additional candidates may be nominated from the
floor.
(d) Only those persons who have signified their
consent to serve if elected shall be nominated for or elected
to such office.
Section 4. Duties.
(a) Chairperson. The Chairperson of the Council shall
be the chief executive officer of the Council, shall preside
at all meetings and shall sign any and all documents and
instruments requiring an official signature on behalf of the
Council. The Chairperson shall appoint members to serve on
the various standing and special committees and advisory
boards of the Council and shall be an ex-officio member of
all committees and advisory boards. The Chairperson shall
have the right to vote at all meetings.
(b) Vice-Chairperson. The Vice-Chairperson shall act
in the absence of the Chairperson in the conduct of meetings
or otherwise and shall perform such duties as may be
delegated to him or her by the Chairperson from time to time.
(c) Secretary. The Secretary shall take and keep the
minutes of all meeting of the Council. He or she shall
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furnish a copy of the minutes to members of the Council after
each meeting. He or she shall by mail give notice to
members, the media and other interested parties of the date,
time and location of the next scheduled meeting of the
Council and the agenda therefor.
(d)
Treasurer.
The Treasurer shall be the chief
financial officer of the Council and is responsible for all
of the monies and other items of value belonging to the
Council. The Treasurer shall at all times be responsible for
keeping of all necessary financial books and records of the
Council and overseeing the financial status of the Council to
insure the safety of the assets of the Council. The records
shall be kept at the office of the Councilor another
accessible location and shall be open to inspection at all
reasonable times.
Unless determined by a vote of a majority of the
Council, no ~ond shall be required of the Treasurer for the
faithful discharge of his or her duties.
The Treasurer shall serve as the Chairman of the Budget
and Finance Committee.
No monies may be withdrawn from the Council's accounts
nor assets of the Council transferred without the signature
of any two (2) of the four (4) officers or the signature. of
anyone (1) of the four (4) officers and the General
Director.
Section 5. Removal.
Any officer may be removed from office upon a two-
6
thirds (2/3) vote of the remaining members of the Council at
a regular meeting or a special meeting called for that
purpose, provided that in the case of a special meeting, the
notice of meeting shall specify the purpose therefor.
ARTICLE V
COMMITTEES AND ADVISORY BOARDS
Section 1. Standing Committees.
standing committees of the Council
The following
constituted:
are
Nominating, Budget and Finance, Executive, By-Law and
Ordinance Revision, Grants and Associate M~mbership.
Chairpersons and members of the standing Committees shall be
appointed annually by the Chairperson of the Council, subject
to the approval of the Council.
(a) Nominating Committee. The Chairperson shall
appoint from the Council a Nominating Committee of three (3)
members.
The duties of this Committee shall be to comply with
the applicable requirements of Monroe County Ordinance No. 6-
1980 and any amendments thereto. Such Committee shall review
and report to the Council on all applicants for the Council.
Such report shall be made at the meeting of the Council at
which the Council votes its recommendations for replacement
of Council members to the County Commission.
The Committee shall also formulate and report
Council its annual recommendations for officers
to
of
shall
of
the
the
Council. Such report shall be in writing and
submitted fifteen (15) days prior to the meeting
Council in November of each year.
be
the
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(b) Budget and Finance Committee. The Treasurer of
the Council shall serve as the Chairperson of this Committee
and shall select at least two (2) additional members for this
Committee.
The duties of this Committee shall be to comply with
the applicable requirements of Monroe County Ordinance No. 6-
1980 and any amendments thereto.
The general purpose of this Committee shall be to
oversee the finances of the Council, including the financial
reord keeping and financial procedures approvea by the
Council and shall make recommendations to the Council for
changes in these methods and procedures as it shall deem to
be proper. The Finance Committee shall also assist the
General Director in preparing an annual budget for the
Council.
shall
(c) Executive
consist of the
Committee.
officers of
The
Executive
the
Council
Committee
and past
Chairpersons still serving a term on the Council.
The Committee shall serve to strengthen the position of
the Chairperson and to transact routine business between
meetings of the Council. The Committee shall also act in
emergency situations relating to the work of the Council.
All business transacted by the Executive Committee
shall be reported to the Council at its next meeting.
(d) By-Law and Ordinance Revision Committee. This
Committee shall consist of not less than three (3) Council
members appointed by thg Chairperson of the Council.
The duties of this Committee shall be to comply with
the applicable requirements of Monroe County Ordinance No. 6-
1980 and any amendments thereto.
The general purpose of this Committee shall be to make
recommendations on proposed or requested changes
amendments of the By-Laws and Monroe County Ordinance 6-1980
and for carrying out changes after approval by the Council
and the Monroe County Commission.
(e) Grants Committee. The Chairperson shall appoint
to the Grants Committee five (5) Council members, three (3)
of whom shall constitute a quorum.
The duties of this Committee shall be to comply with
the applicable requirements of Monroe County Ordinance No. 6-
1980 and any amendments thereto, together with such rules,
regulations and procedures as the Council shall adopt.
The general purpose of this Committee shall be to
evaluate the needs of applicant non-profit
organizations' and/or individual artists and
recommendations to the Council for non-capital
such organizations or individuals.
(f) Associate Membership Committee. Each Associate
organization of the Council shall select its own Chairperson
and members of their steering committee. The Chairperson of
the Council in turn recognizes the steering committee as a
committee of the Council. The Chairperson of the Associates
steering committees shall serve on the Council in an ex-
officio capacity.
Section 2.
and
artistic
to
funding
make
of
Special Committees.
Special
Committees
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dealing with specific subject matter may be constituted by
the Council from time to time.
Section 3. Advisory Boards. In addition to the
foregoing Committees, the Chairperson of the Council, with
the consent of the Council may appoint Advisory Boards
consisting of individuals representative of the community, to
advise the Council on approved projects related to the
objects and purposes of the Council.
Section 4. Membership. Members of standing committees
shall be composed of members of the Council. Chairpersons of
Special Committees and Advisory Boards shall be members of
the Council, however, members of the public other than
Council members may be asked to serve at the discretion of
the Chairperson and subject to approval of the Council.
The Chairperson and the General Director of the Council
shll be ex-officio members of all committees and Advisory
Boards.
ARTICLE VI
MISCELLANEOUS
Section 1. Fiscal Year. The fiscal year of the
Council for all purposes, including expiration of terms of
office of members and officers, shall end on September 30th
in each year commencing with 1981.
Section 2. Liability of Individual Members. No member
or employee of the Council shall be held personally liable
for any authorized act taken by any such person in the
furtherance of Council business.
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Section 3. Amendments. The Council shall have the
power to alter, amend, or appeal the Bylaws or to adopt new
Byaws upon a majority vote of the members, sujbect to
approval of the County Commission.
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