HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-062I
Temp. Reso. #10075
03/18/2003
Revision 1 - 3/19/03
Revision 2 — 3/24/03
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2003- 6,P-
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, AMENDING
RULES OF PROCEDURE FOR THE CITY
COMMISSION TO OUTLINE A PROCESS FOR
RECONSIDERATION OF ITEMS AND ISSUES
PREVIOUSLY CONSIDERED BY THE
COMMISSION AND TO PROVIDE FOR RECITAL OF
THE PLEDGE OF ALLEGIANCE AT ALL
COMMISSION MEETINGS; 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, Resolutions R-2002-327, R-2002-353 and R-2003-15 amended certain
sections of Resolution R-97-303 to reflect changes in Commission meeting procedures; 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 further amend Commission meeting
procedures by revising Section 4.1 of the existing procedures, clarifying the process for
reconsideration of issues and items previously considered by the Commission and by
amending Section 6.1 to provide for recital of the Pledge of
Workshop Meetings as well as Regular Commission Meetings.
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Allegiance at Commission
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.
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3. Application of Rules
3.1 Except as otherwise provided by City Charter, City Cade
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. Items previously
brought before the 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 months have lapsed from the
last consideration or expression of interest pertaining to
said item, unless a super majority (4/5) of the
Commission agrees to reconsider the item. 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.
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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 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.
4.5 Any member of the Commission may pull an item off of
the Consent Agenda for discussion and a separate vote
on that item. No vote of the Commission is required to
pull the item off the Consent Agenda.
5. Notice of Meetings
5.1 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 places (subject to change) of the
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 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.
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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 shall continue.
6.2 Upon the establishment of a quorum, Commission
Workshop meetings shall open with the Pledge of
Allegiance, led by the presiding Commission member.
6.3 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. Roll Call
3. Pledge of Allegiance led by City Commission
members on a rotating basis as designated by the
Mayor
4. Proclamations/Special Recognitions
5. Commission Reports beginning with Mayor Report
6. Staff Reports
7. Public Participation
8. Legislation
a. Consent Agenda
b. Reading of Ordinances/Resolutions
C. Public Hearings/Quasi Judicial
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
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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.
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.
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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
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
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shall only be heard during a quasi-judicial hearing
that 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 (6)).
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
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.
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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.
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
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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 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 members of the
Commission shall vote by random rotation.
9.3 The City Clerk will announce whether the matter passed
or failed.
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SECTION 3: All resolutions or parts of resolution 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.
SECTION 5: This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED this 261" day of March 2003.
ATTEST:
MARION SWENSON, CIVIC
CITY CLERK
CERTIF that I hav
his-RF-90LOTIONds to form.
M I X H Lam. KRi
CITY ATTORNEY
1
JOE SCHREIBER, MAYOR
RECORD OF COMMISSION'
Mayor Schreiber: 4
District 1: Comm. Portner:J
District 2: Comm. Talabisco
District 3: Comm. Sultanof.)
t1istrict 4: V/M Roberts: