40C-1.003: The Governing Board
40C-1.010: Procedure for Voting Conflicts of Interest
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to amend the sections of Chapter 40C-1, F.A.C., that address operation of the Governing Board The rule development proposes to: (1) change the date of the regular meeting of the Governing Board; (2) provide for the creation of standing committees of the Board and appointment of committee members; (3) provide for the annual election of Board officers; (4) amend the circumstances in which a Governing Board member may abstain from voting on an official decision; and (5) repeal Rule 40C-1.010, F.A.C.
SUMMARY: The proposed rule amends provisions relating to the operation of the Governing Board and changes the circumstances in which Governing Board members may abstain from voting on an official decision.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 373.044, 373.113 FS.
LAW IMPLEMENTED: 112.326, 373.073, 373.079, 373.083, 373.103 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: July 8, 2008, following the regularly scheduled Regulatory/Governing Board Meeting, which begins at 1:00 p.m.
PLACE: St. Johns River Water Management District Headquarters, 4049 Reid Street, Palatka, Florida 32177-2529
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Sandy Bertram, District Clerk at (386)329-4127 or (386)329-4450 (TDD). If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Norma K. Messer, Rules Coordinator, Office of General Counsel, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32178-2529, (386)329-4459, email address: nmesser@sjrwmd.com
THE FULL TEXT OF THE PROPOSED RULE IS:
40C-1.003 The Governing Board.
(1) No change.
(2) The Governing Board will meet the second Tuesday Wednesday and preceding Tuesday of each month unless otherwise announced.
(3) The Governing Board may create standing committees, and the chair of the Board shall appoint members to each standing committee. The Chairman of the Board may appoint standing committees or ad hoc committees.
(4) On an annual basis Immediately after appointment, and annually thereafter, Board members will meet and elect a chair chairman, vice chair chairman, secretary, and treasurer and secretary-treasurer. The Executive Director will serve as the assistant secretary-treasurer.
(5) through (6) No change.
(7) The Board may vote only when a quorum of its members is present and only at a public meeting which has been properly noticed. A quorum consists of five members. A simple majority of members present is necessary to carry a motion. All members of the Board, including the chairman, shall vote on every issue or publicly state a conflict of interest as specified in Rule 40C-1.010, F.A.C.
(8) No member of the Governing Board who is present at any meeting at which an official decision, ruling, or other official act is to be taken or adopted may abstain from voting in regard to any such decision, ruling, or act; and a vote shall be recorded or counted for each such member present, except when, with respect to any such member, there is, or appears to be, a possible conflict of interest under the provisions of Sections 112.311, 112.313, or 112.3143, F.S. In such case, the member shall comply with the disclosure requirements of Section 112.3143, F.S.
Specific Authority 120.53(1), 373.044, 373.113 FS. Law Implemented 112.326, 120.53(1), 373.073, 373.076, 373.079, 373.083, 373.103, 373.171 FS. History–New 8-1-89, Amended 10-8-91,_________.
40C-1.010 Procedure for Voting Conflicts of Interest.
Specific Authority 120.53(1), 373.044, 373.113 FS. Law Implemented 112.3143, 120.53, 373.079 FS. History–New 4-18-83, Formerly 40C-1.20, 40C-1.201, Amended 8-1-89, Repealed_________.