Agenda Item: 8(a)
Prepared By: Joan Taylor, City Clerk
Business: New Business
Department: Executive
Subject:
Title
Amendment of Articles of Incorporation - Article 7.11 Financial Disclosure - Joan Taylor, City Clerk
Body
BACKGROUND:
According to Article 7.11 "Financial Disclosure", all Directors are required to file the same Florida Financial Disclosure Statements of municipal officers. This Financial Disclosure Statement is also known as "Form 1", Florida Commission on Ethics. See page 7 of the Articles.
While Directors voted on this topic during the August 2025 meeting, the City Attorney advised that the vote was invalid due to members requiring a reappointment by City Council to their Director positions. The Directors terms expired in 2022; the Committee had been on hiatus from 2021 to the recent August 2025 meeting.
During the September 8, 2025 meeting, City Council reappointed the Foundation members. Directors terms are valid and may vote on issues presented to them.
The financial requirement for Directors to file "Form 1" was imposed by the City Council and is not a State statute requirement. The current Chairman for the Marco Island Community Parks Foundation, Inc., is proposing to repeal Article 7.11 "Financial Disclosure" from the Articles of Incorporation.
To amend the Articles of Incorporation, Article X states that Articles may be amended: "by the affirmative vote of two-thirds of Directors, provided however that Directors shall neither make nor alter any article regarding their qualification, classifications, or term of office, nor relating to the requirements of a quorum for any meeting of the members of the Corporation, and that at least 10 days' notice of such proposed amendment shall have been furnished to all of the directors."
Any proposed amendment must be approved by a majority of the City Council before becoming effective.
FUNDING SOURCE / FISCAL IMPACT: N / A
RECOMMENDATION: Discussion and alignment if Fi...
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