§ 2-6-34. Composition and qualifications.

(a)

The board shall consist of a total of seven (7) members who shall be appointed by and shall serve at the pleasure of the Board of County Commissioners of Manatee County, Florida. A minimum of three (3) members shall be consumer representatives. The consumer representative may be any resident of the local jurisdiction who is not, and has never been, a member or practitioner of a profession regulated by the board or a member of any closely related profession. All members who are contractors shall have at least five (5) years experience as a contractor and shall be licensed building trades contractors actively engaged in such work as provided in subsection 2-6-34(b) below. A quorum exists when four (4) members of the board are present.

(b)

Members shall be composed in the manner below:

Seat 1: General contractor

Seat 2: Commercial swimming pool contractor

Seat 3: Mechanical, electrical or plumbing contractor

Seat 4: State certified or locally licensed contractor in any field of construction not represented

Seat 5: Consumer representative

Seat 6: Consumer representative

Seat 7: Consumer representative

The initial appointments shall be as follows:

1.

Two (2) members appointed for a term of two (2) years each.

2.

Three (3) members appointed for a term of three (3) years each.

3.

Two (2) members appointed for a term of four (4) years each.

Thereafter, all terms shall be for periods of four (4) years with all terms ending October 1 of the appropriate year. Unless four (4) years has passed since serving of the board, no persons shall be appointed to more than two (2) four-year terms, and no person who has served more than two (2) years on the board term shall be appointed for more than one additional term.

(c)

Any member of the board shall continue to hold office after the expiration of his term until a successor has been appointed and confirmed.

(d)

Any member of the board may be removed with or without cause by a majority vote of the Manatee County Board of County Commissioners. If any member of the board fails to attend three (3) consecutive meetings, without cause, or without prior notice to the chair of the board, the Manatee County Board of County Commissioners may declare the office of the member vacant; and the vacancy shall be filled by the Board of County Commissioners of Manatee County, Florida, for the unexpired term.

(e)

The board shall have the power to:

(1)

Issue a certificate of competency ("certificate") in accordance with county ordinance;

(2)

Adopt rules for the conduct of its hearings consistent with this ordinance [article] and the requirements of due process;

(3)

Take testimony under oath;

(4)

Issue orders having force of law to command whatever steps are necessary to bring a violation into compliance;

(5)

Give notices of hearing and conduct hearings upon charges of a violation of the provisions of this ordinance [article];

(6)

Impose disciplinary penalties and revoke and suspend permitting privileges and certificates of competency against persons found by the board in accordance with this ordinance [article];

(7)

Notify the Florida Construction Industry Licensing Board ("CILB") of disciplinary action taken by the board and make recommendations on penalties to the CILB pursuant to Section 489.131(7)(b), Florida Statutes;

(8)

Notify the Florida Electrician Contractors Licensing Board ("ECLB") of disciplinary action taken by the board and make recommendations of penalties to the ECLB pursuant to Section 489.531(5)(b), Florida Statutes; and

(9)

Any other duties specifically authorized by ordinance of Manatee County.

(f)

Board hearings shall be held substantially consistent with the following:

(1)

Conduct of meetings. All meetings shall be open to the public. The clerk will administer oaths. The order of business shall be as follows:

a.

Pledge of Allegiance to the Flag;

b.

Roll call and declaration of a quorum;

c.

Approval of minutes of previous meeting;

d.

Reports on cases awaiting decisions and other unfinished business;

e.

Hearing new licensing cases;

f.

Hearing new disciplinary cases;

g.

Other new business; and

h.

Reports and requests by the building official and staff.

(2)

Conduct at meetings.

a.

Generally. The business of the board shall be taken up in accordance with the agenda prepared for the meeting. The chair, at the chair's option, may take business out of order if he determines that such a change in the agenda's schedule will expedite the business of the board.

All meetings of the board and its committee shall be public meetings, and no business shall be transacted except in compliance with the Florida Government-In-The-Sunshine Law.

b.

Public and staff comment. A member of county staff who addresses the board shall first be identified for the record. Each other person who addresses the board shall state the speaker's name, address and whether the speaker is representing a group of persons or a third party. The chair may set reasonable time limitations on presentations to the board and may restrict irrelevant comments.

c.

Licensing hearings.

1.

The board shall allow staff and other comments in licensing hearings as follows:

A.

Initial presentation by staff. County staff shall make the initial presentation to the board regarding any item under consideration. Staff may present relevant evidence and witness testimony. The board and the applicant may make inquiries of staff and staff's witnesses at this time.

B.

Applicant's presentation. After staff presentation, the applicant shall be allowed to make a presentation to the board. The applicant may present relevant evidence and witness testimony. The board and staff may make inquiries of the applicant and the applicant's witnesses.

C.

Comments by others. After presentation by the applicant, the board may allow others to speak to the application if such comment would be relevant to the application under consideration. At the conclusion of each person's comments, the board, staff or the applicant may make inquiries of the person speaking.

D.

Staff summary and response. After the applicant's presentation and comment by others, if any, the staff shall be allowed an opportunity for response to the presentations by the applicant and comment by others, if any, and a summary with any changes in position after consideration of relevant comment. Anyone who believes that the staff response includes errors of fact may ask for and may be allowed an opportunity to point out such errors of fact.

E.

Applicant's rebuttal.

(i)

After staff response, the applicant shall be allowed an opportunity for uninterrupted rebuttal with the time limit therefor to be five (5) minutes unless otherwise set by the board. Rebuttal shall not raise new issues or facts to the hearing.

(ii)

Anyone who believes that the rebuttal presentation includes an error of fact may ask for and may be allowed an opportunity to point out such error of fact.

F.

Closing of comment. The chair shall close the hearing portion of the meeting on that item upon the conclusion of the last appropriate speaker's comments or the expiration of the allowed speaking times as set forth above. No additional comments shall be allowed, except in specific response to questions by members of the board or if any extension of time for comments is approved as set forth above.

d.

Disciplinary hearings.

1.

The board shall allow staff and other comments m disciplinary hearings against a licensee in the following manner:

A.

Initial presentations by staff. County staff shall make the initial presentation to the board regarding any item under consideration. Staff may present relevant evidence and witness testimony. The board and the licensee may make inquiries of staff and staff's witnesses at this time.

B.

Licensee's presentation. After staff presentation, the licensee shall be allowed to make a presentation to the board. The licensee may present relevant evidence and witness testimony. The board and staff may make inquiries of the licensee and the licensee's witnesses.

C.

Comment by others. After presentation by the licensee, the board may allow others to speak to the complaint if such consent would be relevant to the matter under consideration. At the conclusion of each person's comments, the board, staff or the licensee may make inquiries of the person speaking.

D.

Staff summary and response. After the licensee's presentation and comments by others, if any, the staff shall be allowed an opportunity for response to the presentations by the licensee and comment by others, if any, and a summary with any changes in position after consideration of relevant comments. Anyone who believes that the staff response includes errors of fact may ask for and may be allowed an opportunity to point out such errors of fact.

E.

Licensee's rebuttal.

(i)

After staff response, the licensee shall be allowed an opportunity for uninterrupted rebuttal with the time limit therefor to be five (5) minutes unless otherwise set by the board. Rebuttal shall not raise new issues or facts to the hearing.

(ii)

Anyone who believes that the rebuttal presentation includes an error of fact may ask for and may be allowed an opportunity to point out such error of fact.

F.

Closing of comment. The chair shall close the hearing portion of the meeting on that item upon the conclusion of the last appropriate speaker's comments or the expiration of the allowed speaking times as set forth above. No additional comments shall be allowed, except in specific response to questions by members of the board or if an extension of time for comment is approved as set forth above.

e.

Other hearings. After staff presentation, each person speaking before the board shall be allowed a maximum of five (5) minutes to make comments regarding any matter before the board only if the chair allows comments on a matter not part of a public hearing. Extension of time for public remarks may be extended upon a majority vote of the board; however, such extension shall be established for a specific time period.

f.

Workshops. If appropriate, the board may establish time limits for persons speaking at workshops, if the chair allows comments on the matter.

g.

Termination of presentation. At any board proceeding, the chair unless overruled by a majority of the board members present, may restrict or terminate presentations or exclude evidence which, in the chair's judgment, are frivolous, unduly repetitive or out of order.

h.

Written comments. Anyone interested in any matter under consideration by the board shall be entitled to submit written comments for consideration by the board. Written comments submitted shall be considered and entered into the record of the meeting in accordance with the provisions of subsection (g)(2) herein.

i.

Decisions and vote. Final decisions relating to applications for certificate of competency and to disciplinary actions brought against a licensee shall be made at a public meeting and shall be in the form of an order to be signed by the chair.

The order shall provide findings of fact and conclusions of law, state the determination made, and shall set forth such conditions or stipulations required.

An original of the order shall remain in the file of the case, which shall be a public record. A copy of the order shall be sent to the applicant or licensee, as appropriate, by certified or registered mail, return receipt requested.

j.

Voting, number of votes. A vote of a simple majority of the board present shall be required to take action, provided, however that a vote of not less than a simple majority of the entire board is required to suspend or revoke a certificate of competency or otherwise discipline or penalize any licensee. Each member shall vote "aye" or "nay" and silence shall be considered an "aye" vote. When a matter is brought up for a motion to approve it, and said motion fails, the status quo ante shall be maintained and the matter shall be considered denied. Such a vote shall not preclude a subsequent motion at the same meeting. A member shall have the privilege of filing with the clerk a written explanation of his vote.

(g)

(1)

The record. The following documents shall automatically be included in the records of the construction trades board:

a.

Agenda packet or staff report; and

b.

The most recent copies of resumes of county staff and county agents speaking on the matter, previously filled with the clerk of the circuit court; and

c.

Letters or other documents previously entered into the record at a prior board meeting on the particular matter.

(2)

Items which shall be placed in the record. Any documents, exhibits, diagrams, petitions, letters or other materials presented to the board in support of, or in opposition to, an item to be considered by it shall be entered into the record, unless determined that the items are clearly irrelevant, immaterial, frivolous, or unduly repetitive. The board may accept wholly or partially inadmissible items into the record, provided that members shall not consider those items or parts thereof which are inadmissible.

(3)

Custodian. The clerk of the circuit court shall serve as clerk to the construction trades board as it serves as clerk to the board, and the clerk shall keep minutes and indexed records of all construction trades board proceedings.

(Ord. No. 14-33, § 4, 10-2-14)