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HomeMy WebLinkAboutCity of Tamarac Resolution R-97-3031 Temp. Reso. #8072 12/09/97 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-97- 303 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, ADOPTING RULES OF PROCEDURE FOR THE CITY COMMISSION WHICH PROVIDE FOR DEFINITION OF RELEVANT TERMS, OUTLINE THE COMMISSION MEETING AGENDA, PROVIDE FOR NOTICE OF MEETING, PROVIDE FOR RULES OF CONDUCT OF COMMISSION AND RESIDENTS, PROVIDE FOR ENFORCEMENT, AND WHICH PROVIDE FOR VOTING PROCEDURES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 4.06(b) of the City of Tamarac's Charter allows the City commission to determine its own rules of procedure for meetings; and WHEREAS, Section 4.06(b) of the City of Tamarac's Charter allows that the set of rules shall be in effect upon their adoption by the City Commission and until such time as they are amended or new rules are adopted; and WHEREAS, these rules of procedure establish a formal set of guidelines outlining an effective and efficient meeting; and WHEREAS, the City Commission of the City of Tamarac finds it in the best interest of the residents and citizens of the City of Tamarac to adopt these rules of procedure for the conduct of Commission meetings. 2 Temp. Reso. #8072 12/09/97 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution. SECTION 2: The following Rules of Procedure for the City Commission of the City of Tamarac are hereby adopted: 1. Authority Charter: The Charter of the City of Tamarac provides that the Commission may determine its own rules of procedure for meetings. The following set of rules shall be in effect upon their adoption by the Commission and until such time as they are amended or new rules are adopted (Section 4.06(b)). 2. Definition of Terms 2.1 Meeting: any regular, special, or workshop meeting of the Commission. 2.2 Quorum: a majority of the members of the Commission. 2.3 Journal of Proceedings: an account of all proceedings of the Commission shall be kept by the City Clerk and shall be entered in a book constituting the official record of the Commission. 2.4 Chair: the presiding officer of the Commission is the Mayor under the Charter, when present. In the absence of the Mayor, the Vice -Mayor will become the presiding officer; in the absence of both the Mayor and Vice Mayor, the remaining Commissioners shall elect a chair for the meeting. fl 1 J 3 Temp. Reso. #8072 12/09/97 3. Application of Rules 3.1 Except as otherwise provided by City Charter, City Code or laws of the State of Florida, the functioning and proceedings of the Commission shall be governed by these Commission Rules of Procedure. 3.2 On matters involving parliamentary procedure not provided for in these Commission Rules of Procedure, the City Attorney's latest revised edition of Robert's Rules of Order shall be referenced by the Mayor as persuasive, rather than binding, and the Mayor's determination shall be final. 3.3 The City Attorney shall act as parliamentarian and, when applicable, shall interpret Robert's Rules of Order for the Commission. 3.4 These Rules of Procedure shall not be altered except by a majority vote of the Commission at a regular meeting. The proposition to make an amendment shall be in the form of a resolution which shall be submitted and read to the Commission at a meeting preceding the one at which it is acted upon. These Rules of Procedure may be suspended, when appropriate, by a majority vote of the Commission. 4. Commission Meeting Agenda 4.1 The City Manager shall be responsible for preparing the agenda for all Commission meetings. Any person may request that a matter of business be placed on the agenda provided sufficient notice is provided to the Commission and the City Manager. All proposed agenda items should be delivered to the City Clerk's office at a minimum of six (6) business days before a Commission meeting. 4.2 Except for emergency matters or other special matters requiring the immediate attention of the Commission, a listing of business to be considered by the Commission shall be 4 Temp. Reso. #8072 12/09/97 prepared by the City Manager. The City Manager shall attempt to deliver the listing of business to each member at least 72 hours prior to each regular Commission meeting. 4.3 It is the responsibility of the City Clerk to compile and deliver the agenda and all supporting documentation under the general supervision and direction of the City Manager. All members of the City organization are encouraged to cooperate with the Clerk in making the agenda complete and accurate. While nothing herein will prevent the introduction of new business not listed on the agenda, the Commission may require, and the City Manager may request, additional time to study an item not included on the agenda, but presented for action at the meeting. 4.4 The Commission may, upon a majority vote of its members, modify the contents of the agenda at a Commission meeting. 5. Notice of Meetings 5.1 Public Notice and Posting: The City Clerk shall publish at least one time in a newspaper of general circulation in the City and post a statement in at least three locations of the dates, times and places (subject to change) of the Commission meetings regularly scheduled for the calendar year. Said publication shall occur no later than the day preceding the first regular meeting of the calendar year. The City Clerk may use any other medium appropriate for notice of public meetings. 5.2 The City Clerk shall also post a statement of the date, time, and place of each Commission Meeting, regular or otherwise, a minimum of 24 hours prior to the meeting. 6. Order of Business 6.1 The Mayor shall take the chair at the hour appointed for the meeting of Commission and shall call the meeting to order and direct the Clerk to call roll. In the absence of the Mayor, the Vice -Mayor shall preside. If a quorum is present, the meeting k- C 1 5 Temp. Reso. #8072 12/09/97 shall continue. 6.2 The general order of any regular or alternate meeting, which any member of the Commission can alter upon request should be as follows. This order and content may vary in consideration of time constraints and/or actual items being considered. 1. Call to order 2. Pledge of Allegiance I Roll Call 4. Proclamations/Special Recognitions 5. Public Participation 6. Legislation a. Consent Agenda b. Public Hearings/Quasi Judicial C. Reading of Ordinances/Resolutions 7. Commission Reports 8. Staff Reports 9. Adjournment 7. Rules for Conduct of Business 7.1 Commission's Duties a. Recognition shall be given only by the presiding officer. Upon being recognized the member may proceed (Charter 2-29 (d)1). b. No member may filibuster. No member may speak more than five (5) minutes continuously, except by leave of the Mayor. The decision of the Mayor is final, unless a majority of the Commission votes to the contrary. C. A member may speak a second time on any one question only after all members have been given an opportunity to speak. 6 Temp. Reso. #8072 12/09/97 d. The Mayor shall regulate debate in any other manner that she/he deems necessary, provided that the rights of all persons to express their views are respected. e. Questions and comments by members of the Commission should be reserved insofar as possible for the end of a presentation to avoid interrupting the speaker, disrupting the time -keeping process and duplicating ground the speaker may cover. All members of the Commission shall be permitted to speak on any matter and shall not be ruled out of order by the presiding officer unless the member has made abusive, derogatory or rude remarks. No member of the Commission shall be limited in his or her debate on any issue (except as provided in Section 7.1(b), above) unless the member engages in abusive, derogatory or rude comment. f. All members of the Commission shall accord the utmost courtesy to each other, to City employees, and to public members appearing before the Commission, and shall refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive comments, and statements as to motives and personalities. g. The City Manager may speak to any matter on which he has information for the Commission. 7.2 Residents/Interested Parties Duties a. Members of the public may speak only at times designated by the Mayor or presiding officer. b. The member of the public shall step to the floor microphone and state her/his name and address in an audible tone for the Clerk's record. C. Remarks shall be limited to the question(s) under discussion, unless such remarks come during the Public 7 Temp. Reso. #8072 12/09/97 Participation section of the meeting. d. During Public Participation any member of the public may speak to any issue that is not agendized for public hearing during the City Commission meeting. Speakers will be limited to three minutes during this time. There will be a thirty (30) minute aggregate time limit for this item, and speakers are encouraged to sign up in advance with the City Clerk prior to their participation. e. All remarks shall be addressed to the Commission as a body through the Mayor, and not to any member thereof. f. Cumulative and repetitive testimony should be avoided on any matter. Persons of the same position as the previous speaker may simply state their names, address and the positions with which they agree. g. Any person making disruptive, impertinent or slanderous remarks, or who shall become boisterous while addressing the Commission and refuses to stop may be requested to leave the meeting by the Mayor (City Code Section 2.29). h. Persons whose allotted time to speak has expired shall be so advised by the City Clerk to conclude. i. Public Hearings consist of those agenda items where the public may participate. The public shall speak only on the agendized subject. Speaking time for members of the public is limited to three (3) minutes for any particular topic. Additional time may be added by the Commission. Members of the public shall not delegate or give their time, or any portion there of, to another party. For a public hearing, the Commission may set an aggregate time limit for public comment. When an issue has been designated as quasi-judicial, public remarks shall only be heard during a quasi-judicial hearing that 8 Temp. Reso. #8072 12/09/97 has been properly noticed for that matter. 7.3 Enforcement a. During City Commission meetings, Commission Members shall preserve order and decorum and shall neither by conversation nor otherwise delay or interrupt the proceedings or the peace of the City Commission nor refuse to obey the rules of the City Commission. b. Anyone in the audience creating an atmosphere detrimental or disturbing to the conduct of the meeting will be asked to leave by the Mayor. C. The order, if not heeded, will then cause the Sheriff to eject the person from the Commission Chambers upon instruction from the Mayor (Ref. Tamarac Code 2.29 (8))• 8. Procedure for Commission Actions 8.1 A member may speak on any item to be considered by the Commission; call for the question (for the question to be called, requires a majority vote of the Commission); ask for a statement of the question (which the Mayor or Clerk shall render); call for a division of the questions (the Mayor shall render a decision regarding the divisibility of any question and said decision shall be subject to appeal as is a question of order); and question the City Manager or City Attorney. 8.2 Any member may introduce items to be considered by the Commission, such as the member deems appropriate. It is preferred that it be submitted to the City Manager to be included on an appropriate agenda. 8.3 The Commission may consider and act upon such other business as may come before it. When new business is 9 Temp. Reso.#8072 12/2/97 offered as a motion and seconded, it shall be written and read to the Commission by the City Clerk before debate. After a motion has been read by the City Clerk, it shall be deemed to be in the Commission's possession and may be withdrawn only by leave of the Commission. 8.4 Form of ordinances/resolutions shall contain not more than one subject, which shall be fully described in the title in easily understood terms. 8.5 Motion to Reconsider: Any member who voted on the prevailing side may move a reconsideration of any action of the Commission, provided that the motion be made not later than the next regular meeting after such action was taken. A motion to reconsider shall be in order at any time, except when a motion on some other subject is pending. A motion to reconsider being laid upon the table may be taken up and acted upon at any time. 8.6 Motion Made and Additional Proper Motions: When a question is before Commission or under debate, or a motion has been made, no other motion shall be proper, except the following and these take precedence according to the order listed: 1. To adjourn; 2. To table until future stated time; 3. Requested cessation of debate and vote are taken; 4. To refer to a standing or ad hoc committees; 5. To amend the matter under discussion; 6. To postpone action for an indefinite time or to a certain date. 8.7 Questions without Debate - the following questions shall be considered without debate: 1. To adjourn; 2. To lie on the table; 3. To take from the table; 4. All questions relating to priority. 10 Temp. Reso.#8072 12/2/97 8.8 Motion to Postpone — Adjourn a. A motion to postpone (to a day certain or indefinitely) shall not again be allowed at the same reading of the ordinance or resolution under consideration. b. A motion to adjourn shall always be in order, but if decided in the negative, it shall not be entertained again until some motion, order, or decision has taken place. 8.9 Motion to Take From the Table: A motion to remove any matter from the table shall be in order after consideration of one question succeeding the tabling. This item may be overturned by a majority vote of the Commission. 8.10 Motion to Amend or Revise: A motion to amend or revise shall be divisible into two separate motions: a motion to strike and a motion to insert. A refusal to strike is equivalent to agreeing to the matter in the form. However, this does not preclude further amendment by way of addition. 8.11 Appeal Decision of the Chair- On appeal from the decision of the chair, no member shall speak more than once, and the chair shall have preference. 8.12 Call to Order - Can be made at any time when the order of business is being varied from. It requires no second, and is in order when another has the floor, even though it interrupts a speech, as a single member has a right to demand that the order of business be conformed to. 9. Voting Procedures 9.1 Every member present, when a question is put, shall vote unless the member has a conflict of interest. Any member abstaining from voting must make a brief statement for such request and will fill out all appropriate paperwork to be filed with the City Clerk at the meeting where the conflict is 0 1 11 Temp. Reso.#8072 12/2/97 announced (in accordance with Florida Statutes as amended from time to time). The question shall then be immediately taken without further debate. 9.2 Voting on all legislation shall be oral and in open Commission. No proxy votes are permitted. When the City Clerk calls roll, each member shall respond "yes, "no," "aye," "nay," "present," or "abstain". No other comment is permitted during voting. The order of voting shall rotate in a random manner except the Mayor votes last. 9.3 The City Clerk will announce whether the matter passed or failed. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Ll 1 11 SECTION 5: passage and adoption. 1997. 12 Temp. Reso.#8072 12/2/97 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this /4 day of A94•Cfwr,t— , ATTEST: CAROL A. EVANS, CMC CITY CLERK I HEREBY CERTIFY that I have apgr`m�v d this RESOLUTION as to, If' A MITCHEL-VS. CITY ATTO Rules & Procedures/jw 'JOE SCHREIBER MAYOR ECSCHRORD MMIS MAYOR EIBER DIST 1: COMM. McKAYE DIST 2: V/M MISHKIN DIST 3: COMM. SULTANOF DIST 4: CO-W ROBERTS VOTE