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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2021-008Temp. Ord. # 2458 February 10, 2021 Page 1 of 15 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: CODING: Words in type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. # February 10, 2021 Page 2 of 15 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 CODING: Words in type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. # 2458 February 10, 2021 Page 3 of 15 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 ��-�#a„-��-..,��e�Tvn�afy-reran CODING: Words in type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. # February 10, 2021 Page 4 of 15 - d:---.. .,.Hmv­ 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. CODING: Words in type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. # 2458 February 10, 2021 Page 5 of 15 (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 CODING: Words in type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. # February 10, 2021 Page 6 of 15 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 CODING: Words in type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. # 2458 February 10, 2021 Page 7 of 15 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 CODING: Words in type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. # February 10, 2021 Page 8 of 15 (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. CODING: Words in type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. # 2458 February 10, 2021 Page 9 of 15 (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 CODING: Words in type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. # February 10, 2021 Page 10 of 15 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; CODING: Words in type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. # 2458 February 10, 2021 Page 11 of 15 (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. CODING: Words in type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. # February 10, 2021 Page 12 of 15 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: CODING: Words in type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. # 2458 February 10, 2021 Page 13 of 15 (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. CODING: Words in type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. # February 10, 2021 Page 14 of 15 (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. CODING: Words in type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. # 2458 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 CODING: Words in type are deletions from the existing law; Words in underscore type are additions.