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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2007-018Temp. Ord. # 2150 September 12, 2007 Page 1 of 15 ORDINANCE NO. O-2007- � 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 II, ENTITLED "CITY COMMISSION", BY CREATING SECTION 2-34, TO BE ENTITLED "COMPREHENSIVE PROCEDURES FOR CITY COMMISSION MEETINGS"; PROVIDING FOR PROCEDURES FOR CITY COMMISSION MEETINGS; PROVIDING FOR DEFINITIONS; PROVIDING FOR AN AGENDA PROCEDURE; PROVIDING FOR NOTICE; PROVIDING FOR AN ORDER OF BUSINESS; PROVIDING RULES FOR THE CONDUCTING OF BUSINESS; PROVIDING A PROCEDURE FOR COMMISSION ACTION; PROVIDING FOR VOTING PROCEDURES; PROVIDING A PROCESS FOR COMMISSIONERS TO ADD ITEMS TO THE CITY COMMISSION AGENDA; PROVIDING FOR PENALTIES AND ENFORCEMENT; 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, on March 26, 2003, the City Commission adopted Resolution No. 2003-62, thereby creating a policy and procedure for the consideration of items by the City Commission; and WHEREAS, the City Commission desires to enact a comprehensive procedures guideline to assist the City's public officers in the performance of their CODING: Words in stdke throu type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. # 2150 September 12, 2007 Page 2 of 15 designated duties and the manner in which City Commission meetings are organized; and WHEREAS, the Comprehensive Procedures for City Commission Meetings will serve as a valuable reference guide for all those in whom the public has placed its trust; and WHEREAS, the City Commission has determined that the enactment of a Comprehensive Procedures for City Commission Meetings is in the best interests of the citizens and residents of the City of Tamarac. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: 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 creating Section 2-34, to be entitled "Comprehensive Procedures for City Commission Meetings", as follows: Article II. City Commission 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. CODING: Words in stfike thm type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. # 2150 September 12, 2007 Page 3 of 15 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 Cily Commission shall be kept by the Ci 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. 1) On matters involvina 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 Mayors 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. CODING: Words in �'�„tithFea type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. # 2150 September 12, 2007 Page 4 of 15 (e) City Commission Meeting Agenda. 1 The Cft -Manager shall be responsible for preparing the agenda for all City Commission meetings. aity Staff ma 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 Cily 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 majorityy(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 resent more than three 3 items at any meetin . 3) Except for emer4ency 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 Ci 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 ma onl be added to theagenda under exigent circumstances to protect to life heath saWy and welfare of the citizens and residents of the City. The City Manager may request additional time to CODING: Words in stAke thFeu type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. # 2150 September 12, 2007 Page 5 of 15 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 Cit Commission_ anopportunity 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 Postina: The Citv 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 places (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 r ular meeting of the month. The Cit Clerk may use anv other medium appropriate for notice of ublic__meetims. (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 Ma or shall take the chair at the hour appointed for the meeting of City Commission and shall call the meetin to order and direct the Clerk to call roll. -In the CODING: Words in s`Maugh type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. # 2150 September 12, 2007 Page 6 of 15 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 .Wen .with the Pledge of Allegiance, led by the presiding City Commission member. 3) The general order of anv reeular or alternate meetin 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 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 Ord inances/Resolutions (iiil_--- Public Hearings/(quasi Judicial (1) Adjournment h) Rules for Conduct of Business. (1) City Commission's Duties (A) Recognition shall be given only by the presiding officer. Upon being recognized the member CODING: Words in ntr1LJlT ke thre i► type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. # 2150 September 12, 2007 Page 7 of 15 may roceed. (B) No member may filibuster._ No member ma_y speak more than five 5 minutes continuously, exce t by- leave of the Mayor. The decision of the Mayor is final, unless a majority of the City Commission votes to the contrary. (91 A member may speak a second time on an one guestion only after all members have been given an opportunity to speak. (D) _ The Mayor shall regulate debate in any other manner that she/he deems necessaprovided that the ri hts of all persons to express their views are respected. and comments . E _ _ _ _ _ Questions_ a nts 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 rocess and duplicating round the speaker ma 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 en a es in abusive dery ato or rude comment. F) All members of the Citv 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 intearitv. 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 n*^'through type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. # 2150 September 12, 2007 Page 8 of 15 (H) It shall be unlawful for any individual or member of the City Commission to disturb or disrupt a meeting of the City Commission or refuse to obey the orders of the Ma or or presiding officer in the conduct of the meeting. Any individual or member of the City Commission who causes_a_ disruption or disturbance of the meeting shall be warned by the Mayor or presiding officer that the conduct is interfering or disturbing the order of the meeting and shall be given the opportunity to cease the conduct constituting an interruption or disturbance. If the individual or member of the City Commission fails to cease the offending conduct and continues to interrupt or disturb the meeting, the individual or member of the Cit Commission shall be removed from the meeting by the police chief or his authorized agent in attendance at the meeting if so directed by the Mayor or presiding officer. Once removed. the individual or member of the City Commission shall be barred from further audience for the remainder of the meeting. (1) In the event that the Mayor or presiding_ officer fails to act, any member of the Citv_ Commission may move to require the presiding officer to act to enforce the rules and the affirmative vote of the majority of the Ci Commission members present at that time shall require the presiding officer to act. J) Anv individual or Citv Commission member who, at a City Commission or board meeting, willfully interrupts or disturbs such meeting in violation of §871.01, Florida Statutes, entitled, "Disturbing Schools and Religious and Other Assemblies," is subject to arrest by those law enforcement officers present. No action by the presiding officer is required for a law enforcement officer to enforce F.S.§ 871.01, as may be amended from time to time. (k) Each public officer serving on the City Commission or an advisory board of the Cily, 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 CODING: Words in stdke thredQ# type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. # 2150 September 12, 2007 Page 9 of 15 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) of the oral or written communication of any official position taken bX the City Commission or an advisory board and indicate that his or her appearance or written correspondence is or is not „authorized by the CitX Commission or an advisory board. When a member of the City Commission is representing the Citx 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 s eak 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 guestion(s) under discussion, unless such remarks come during the Public Participation section of the meeting D) During Public Participation anv 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 thinly (30) _minute aggregate time limit for this item, and speakers are encouraged to sign uD in advance with the Citv Clerk rior 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 CODING: Words in stOke thFew type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. # 2150 September 12, 2007 Page 10 of 15 as the previous speaker may simply state their names, address and the positions_ with which theX agree. (H) Anv person makina 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 Mavor. pursuant to Subsections (h)(1)(H) and �©IDIUI U 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 artici ate. The 12ublic 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 ma 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. U Enforcement. 1) Durina Citv Commission meetinas. Citv 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, pursuant to Subsections (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, pursuant to Subsections (h)(1)(H and (h)(1)(1). CODING: Words in StFikthFeQQ# type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. # 2150 September 12, 2007 Page 11 of 15 Procedure for City Commission Actions. (1) A_ member_ mgy 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 Ci#y 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_9uestion 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 a any member ma introduce items to be considered by the City Commission such as the member deems appropriate. It is preferred that it be submitted to the Cily 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 0 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, CODING: Words in stFikethredgh type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. # 2150 September 12, 2007 Page 12 of 15 exce t the following and these take precedence according to the order listed: (A) To adjourn; (B) To table until future stated time; C Re nested 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; 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 indefinite) 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 maioritv vote of the Citv 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. CODING: Words in stAke thFeu type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. # 2150 September 12, 2007 Page 13 of 15 (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. (11 Every member present, when a guestion is put, shall vote unless the member has a conflict of interest. Any member abstaining from voting must make a br ief statement for such request and will fill out all appropriate a erwork 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. _ _ _e._ oral and in open Citx _ Voting on all - legislation anon s..a __.. 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. (I) 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 CODING: Words in n+rnLthFeugh type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. # 2150 September 12, 2007 Page 14 of 15 "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. THE REST OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. CODING: Words in StFike type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. # 2150 September 12, 2007 Page 15 of 15 PASSED, FIRST READING this 261" DAY OF SEPTEMBER 2007. PASSED, SECOND READING this DAY OF � , 2007. BY: Mayor Beth Flamsbaum- alabis A�Z..rT`. RECORD OF COMMISSION VOTE: 1st Reading MARION SWENSON, CMC MAYOR FLANSBAUM-TALABISCO yes CITY CLERK DIST 1: COMM. PORTNER no DIST 2: COMM. ATKINS-GRAD yes _ DIST 3: V/M SULTANOF yes DIST 4: COMM. DRESSLER yes I HEREBY CERTIFY that I have approved this ORDINANCE as to form. RECORD OF COMMISSION VOTE: 2nd Reading MAYOR FLANSBAUM-TALABISCO DIST 1: COMM. PORTNER DIST 2: COMM. ATKINS-GRAD DIST 3: V/M SULTANOF DIST 4: COMM. DRESSLER f S MUEL t. G N CITY ATTO Y CODING: Words in StFike thFou type are deletions from the existing law; Words in underscore type are additions.