HomeMy WebLinkAboutCity of Tamarac Ordinance O-2021-008Temp. Ord. # 2458
February 10, 2021
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ORDINANCE NO. 0-2021-
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AMENDING CHAPTER 2 OF THE CITY'S
CODE OF ORDINANCES, ENTITLED "ADMINISTRATION",
SPECIFICALLY AMENDING ARTICLE ll, ENTITLED "CITY
COMMISSION", BY SPECIFICALLY AMENDING SECTIONS 2-29,
2-32, AND 2-34;, PROVIDING FOR NEW MEETING TIME FOR THE
SECOND REGULAR CITY COMMISSION MEETING; PROVIDING
FOR THE CITY COMMISSION AS A BODY TO REGULAR DEBATE
AND PUBLIC DISCUSSION; PROVIDING FOR PAID LEGISLATIVE
AIDES; PROVIDING FOR THE PLACEMENT OF FOUR (4) ITEMS
ON THE AGENDA BY A MEMBER OF THE CITY COMMSSION;
PROVIDING FOR THE EXCLUSION OF PROCLAMATIONS AND
KEYS TO THE CITY IN THE AGENDA ITEMS LIMITATIONS;
PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; 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 further 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, pursuant to the Charter, the City Commission adopted an
Ordinance which established Comprehensive Procedures for the City
Commission Meetings-, and
WHEREAS, the Comprehensive Procedures for City Commission
Meetings serves as a valuable reference guide for all those in whom the public
has placed its trust; and
WHEREAS, at the City Commission meeting held on January 27, 2021,
the City Commission discussed certain amendments to the Comprehensive
Procedures for the City Commission; and
WHEREAS, the City Commission wishes to amend the Comprehensive
Procedures for City Commission Meetings.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, THAT:
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February 10, 2021
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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
Ordinance upon adoption hereof.
Section 2: The City Commission of the City of Tamarac hereby amends
Chapter 2 of the City's Code of Ordinances, entitled "Administration", by amending
Article II of the City's Code of Ordinance, entitled "City Commission", by
specifically amending Sections 2-29, 2-32, and 2-34, to be entitled
"Comprehensive Procedures for City Commission Meetings", as follows:
Article II. City Commission
Sec.2-29. Regular meetings
(c) Regular city commission meetings shall begin in accordance with the
following schedule. The first meeting of each month shall begin at 7:00
p.m. and Tthe second meeting of each month shall begin at 9 30 a.m.
at a time established by resolution of the city commission. The time
established by resolution for the second meeting sunset upon the
approval by the city commission. All city commission regular meetings
shall adjourn no later than 11:30 p.m. local time. All remaining items on
the agenda shall be deferred until the next regular meeting of the city
commission or to a date and time certain as approved by the majority
vote of the city commission. The city commission may debate and
voting on any agenda item under consideration at 11:30 p.m. The city
commission may by majority vote, extend the time of its meeting past
11.30 p.m. to consider remaining items on the agenda. The mayor is
authorized to change notice to the public and commissioners.
(d) Rules governing conduct of spectators at commission meetings.
Members of the public may speak at city commission meetings during
public hearings or at a time to be specified by the mayor or presiding
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February 10, 2021
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officer or during the period set aside for public discussion on the city
commission agenda subject to the following:
(1) Members of the public may speak only at times designated byte mayef
or presiding offiGer the city commission.
(2) The city commission The mayeF eF pFesiding offi may limit the total
time allotted to public discussion and the total number of speakers
during discussion on any ordinance, resolution, motion, workshop item,
or discussion item and may limit the time allotted to each speaker
during discussion on any ordinance, resolution, motion, workshop item
or discussion item, or during the time designated on the city
commission agenda for public discussion.
(6) Any member of the public who violates this section may be instructed
by the mayer eF pFesidiRg Offi citv commission to remove himself or
herself from the commission chambers of the city. Upon his or her
failure to do so, a member of the Broward Sheriffs Office shall eject
the person from the commission chambers upon instruction by the gLtyt r
commission .
Sec 2-32. Legislative aides.
Any member of the city commission Gity GOMMissione is entitled to have a
maximum of three (3) legislative aides or community engagement liaisons
to assist in compiling background information on subjects that legitimately
are, or could be, of concern to the city commission. The following guiaolino�
shall apply to a
legisl+, —aides: The legislative aides or community
engagement liaisons shall be employed by the City and shall report directly
to the particular member of the city commission. Hiring preference to
residents may be provided.
(1) Aides shall be residents of the Gity.
(2) Aides II servo without t money r � rn ation from the nifty
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Sec. 2-34. Comprehensive Procedures for City Commission
Meetings
(a) Short Title. This Section shall govern the procedures for meetings of the
Tamarac City Commission.
(b)Definitions. References in this article to the Florida Statutes shall be
interpreted as meaning Florida Statutes as amended from time to time.
(1) Chair means the presiding officer of the City
Commission. The Mayor is the presiding officer, under the
Charter. when present. In the absence of the Mayor. the
Vice -mayor shall become the presiding officer. In the
absence of both the Mayor and Vice -mayor. the remaining
City Commissioners shall elect a chair for the meeting.
(2) Journal of Proceedings means that an account of all
proceedings of the City Commission shall be kept by the City
Clerk and shall be entered in a book constituting the official
record of the City Commission.
(3) Meeting shall mean any regular, special or workshop
.meeting of the City Commission.
(4) Quorum shall mean a majority of the members of the
City Commission.
(C) City Commission Meeting Procedures. Section 4.06(b) of the
Charter of the City of Tamarac authorizes the City Commission to
determine and adopts its own rules of procedure for City Commission
meetings. 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.
(d) Rules of Procedure for City Commission Meetings.
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(1) 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.
(2) The City Attorney shall act as parliamentarian and,
when applicable. shall interpret Robert's Rules of Order for
the Commission.
(3) These Rules of Procedure shall not be altered except
by an amending ordinance. These Rules of Procedure may
be suspended. when appropriate, by a majority vote of the
Commission.
(e) City Commission Meeting Agenda.
(1) The City Manager shall be responsible for preparing
the agenda for all City Commission meetings. City Staff may
request that a matter of business be placed on the agenda
provided sufficient notice is provided to the City Commission
and the City Manager. Items previously brought before the
City Commission for consideration or for an expression of
interest on three occasions. may not be brought forward for
reconsideration or expression of interest again before six (6)
months have lapsed from the last consideration or
expression of interest pertaining to said item, unless a super
majority (4/5) of the City Commission agrees to reconsider
the item. All proposed agenda items shall be delivered to the
City Clerk's office at a minimum of six (6) business days
before a City Commission meeting.
(2) Members of the City Commission may submit items
for placement on the agenda. All proposed agenda items
shall be delivered to the City Clerk's Office at a minimum of
six (6) business days before a City Commission meeting.
These items shall be part of the meeting notice and part of
the meeting agenda. No member of the City Commission
may present more than three (3) four 4 items at any
meeting. The limitations on agenda items herein shall not
include Proclamations or Keys to the City.
(3) Except for emergency matters or other special
matters requiring the immediate attention of the City
Commission, a listing of business to be considered by the
City Commission shall be prepared by the City Manager. The
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City Manager shall attempt to deliver the listing of business
to each member at least 72 hours prior to each regular City
Commission meeting.
(4) 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. Pursuant to Chapter 286. Florida Statutes. as
amended from time to time. additional items may only be
added to the agenda under exigent circumstances to protect
to life. heath, safety and welfare of the citizens and residents
of the City. The City Manager may request additional time to
study an item not included on the agenda but presented for
action at the meeting.
(5) The City Commission may, upon a majority vote of its
members modify the contents of the agenda at a City
Commission meeting.
(6) Any member of the City Commission may pull an item
off of the Consent Agenda for discussion and a separate
vote on that item. No vote of the City Commission is required
to pull the item off the Consent Agenda
(7) City Commission workshops may be held from time
to time for the special purpose of affording the City
Commission an opportunity to discuss items that may be
considered at a future City Commission meeting. Pursuant
to Chapter 286. Florida Statutes. as amended from time to
time. only items on a workshop agenda may be discussed at
a City Commission workshop. The Mayor shall have the
authority to enforce Robert's Rules of Order to ensure that
only items on the workshop agenda are discussed at City
Commission workshops.
(f) Notice of Meetings.
(1) Public Notice and Posting: The City Clerk shall
publish monthly in a newspaper of general circulation in the
City and post a statement in at least three locations of the
dates times and laces subject to change of the City
Commission meetings regularly scheduled for the upcoming
month. Said publication shall occur no later than the day
preceding the first regular meeting of the month. The City
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Clerk may use any other medium appropriate for notice of
public meetings.
(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.
(g) Order of Business.
(1) The Mayor shall take the chair at the hour appointed
for the meeting of City 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 shall continue.
(2) Upon the establishment of a quorum, City
Commission Workshop meetings shall open with the Pledge
of Allegiance. led by the presiding City Commission member.
(3) The general order of any regular or alternate meeting,
which any member of the City 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:
(A) Call to Order
(B) Roll Call
(C) Pledge of Allegiance
(D) Proclamations/Special Recognitions
(E) Commission Reports
(F) Staff Reports
G) Public Participation
(H) Legislation
(i) Consent Agenda.
(ii) Reading of Ordinances/Resolutions
(iii) Public Hearings/Quasi-Judicial
(1) Adjournment
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(h) Rules for Conduct of Business.
(A) Recognition shall be given only by the presiding officer.
Upon being recognized the member may proceed.
(B) No member may filibuster. No member may speak more
than five (5) minutes continuously, except by leave of the
Mayor City Commission. The decision of the Mayo- City
Commission is final. unIeSsa -majority of the _CitCOMMiSSOOR votes to the GORtrary-.
(C) A member may speak a second time on any one
question only after all members have been given an
opportunity to speak.
(D) The Mayor shall regulate debate in another 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 City
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 City
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 City Commission shall be
limited in his or her debate on any issue. except as
otherwise provided herein. unless the member engages in
abusive. derogatory or rude comment.
(F) All members of the City Commission shall accord the
utmost courtesy to each other. to City employees, and
to public members appearing before the City
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
or she has information for the City Commission.
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(H)(1) In the event that the Mayor or presiding officer fails to act.
any member of the City Commission may move to require
the presiding officer to act to enforce the rules and the
affirmative vote of the majority of the City Commission
members present at that time shall require the presiding
officer to act.
(1)(k-) Each public officer serving on the City Commission or an
advisory board of the City. when appearing before any
other governmental body or within the contents of any
written communication. pledges to inform the recipient of
the oral or written communication that the issue before
such governmental body or in writing has or has not been
addressed officially by the City Commission or the advisory
board of which he or she is a member: and further pledges
to inform the recipient(s) of the oral or written
communication of an official position taken by the City
Commission or an advisory board and indicate that his or
her appearance or written correspondence is or is not
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authorized by the City Commission or an advisory board.
When a member of the City Commission is representing
the City Commission before another governmental body,
said member of the City Commission shall. at a minimum.
update the other members of the City Commission and the
City Manager at the next scheduled City Commission
meeting.
(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 Participation section of the meeting.
(D) During Public Participation any member of the
public may speak to any issue that is not on the
agenda 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 City
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 City Commission and refuses to stop may be
requested to leave the meeting by the Mayor City Commission;
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(H) Persons whose allotted time to speak has expired
shall be so advised by the City Clerk to conclude. 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 City 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 City 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 has been properly
noticed for that matter.
(i) Enforcement.
(1) During City Commission meetings, City 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.
(2) Anyone in the audience creating an atmosphere
detrimental or disturbing to the conduct of the meeting will
be asked to leave by the Mayor City Commission,
pursuant to Subsections-n (h)(1`(H) and (h)(1`(1)
(3) The order if not heeded, will then cause the Sheriff to
eject the person from the Commission Chambers upon
instruction from the Mayor City Commissions, pursuant to
Subsections (G)
(i) Procedure for City Commission Actions.
(1) A member may speak on any item to be considered
by the City Commission; call for the question for the question
to be called requires a majority vote of the City 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.
(2) Pursuant to Subsection (e). any member may
introduce items to be considered by the City Commission.
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February 10, 2021
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such as the member deems appropriate. It is preferred that it
be submitted to the City Manager to be included on an
appropriate agenda.
(3) The City Commission may consider and act upon such
other business as may come before it. When new business
is offered as a motion and seconded it shall be written and
read to the City 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 City Commission's possession and may
be withdrawn only by leave of the City Commission.
(4) Form of ordinances/resolutions shall contain not more
than one subject which shall be fully described in the title in
easily understood terms.
(5) Motion to Reconsider: Any member who voted on the
prevailing side may move a reconsideration of any action of
the City 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.
(6) Motion Made and Additional Proper Motions: When a
question is before City 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:
(A) To adjourn;
(B) To table until future stated time;
(C) Requested cessation of debate and vote are taken;
(D) To refer to a standing or ad hoc committees;
(E) To amend the matter under discussion;
(F) To postpone action for an indefinite time or to a
certain date,
(7) Questions without Debate - the following questions
shall be considered without debate:
(A) To adjourn:
(B) To lie on the table:
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February 10, 2021
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(C) To take from the table:
(D) All questions relating to priority
(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.
(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 City Commission
(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.
(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.
(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.
(k) Voting Procedures.
(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 announced. pursuant to Chapter 112. Florida Statutes. as
amended from time to time. The question shall then be
immediately taken without further debate.
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(2) Voting on all legislation shall be oral and in open City
Commission meetings. No proxy votes are permitted. When
the City Clerk calls the roll, each member shall respond "yes,"
"no," "aye," "nay," or "abstain". No other comment is permitted
during voting. The order of voting shall rotate in a random
manner except the Mayor votes last.
(3) The City Clerk will announce whether the matter
passed or failed.
(1) State of the City Address The Mayor, or in the Mayor's absence
the Vice -Mayor, shall deliver a State of the City Address at the first regular
City Commission meeting in January of each year.
SECTION 3: It is the intention of the City Commission of the City of
Tamarac, Florida that the provisions of this Ordinance shall become and be made
a part of the Code of Ordinances of the City of Tamarac, Florida, and that the
Sections of this Ordinance may be renumbered, re -lettered and the word
"Ordinance" may be changed to "Section," "Article" or such other word or phrase
in order to accomplish such intention.
SECTION 4: If any clause, section, or other part or application of this
Ordinance shall be held by any court of competent jurisdiction to be
unconstitutional or invalid, such unconstitutional or invalid part or application shall
be considered as eliminated and so not affecting the remaining portions or
applications remaining in full force and effect.
SECTION 5: All Ordinances or parts of Ordinances, Resolutions or parts of
Resolutions in conflict herewith be and the same are hereby repealed to the extent
of such conflict.
SECTION 6: This Ordinance shall become effective immediately upon
adoption.
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February 10, 2021
Page 15 of 15
PASSED, FIRST READING this 1 day of , 2021.
PASSED, SECOND READING this :' q kday of r�L , 2021.
/ATTEST
1IFER JOYIN , CMC
CITY CLERK
I HEREBY CERTIFY that I
have approved this
ORDINANCE as to,form.
HgNSLOTTINOT
INTERIM CITY ATTORNEY
By//;" T7K� I,,
MI HELLE GOM
MAYOR
RECORD OF COMMISSION VOTE: 1ST Reading
MAYOR GOMEZ N(�}
DIST 1: COMM. BOLTON
DIST 2: COMM. GELIN c
DIST 3: V/M VILLALOBOS
DIST 4: COMM. PLACKO
RECORD OF COMMISSION VOTE: 2ND Reading
MAYOR GOMEZ P� O
DIST 1:
COMM. BOLTON
DIST 2:
COMM. GELIN 1145d
DIST 3:
V/M VILLALOBOS
DIST 4:
COMM. PLACKO
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