HomeMy WebLinkAboutCity of Tamarac Ordinance O-2020-020 Temp. Ord. #2446
December 9,2020
Page 1 of 8
•1 ORDINANCE NO. 0-20204020
2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC,
3 FLORIDA, AUTHORIZING THE CITY COMMISSION TO ARRANGE FOR
4 PUBLIC MEETINGS BY USE OF COMMUNICATION MEDIA TECHNOLOGY
5 AND FOR ATTENDANCE BY USE OF SUCH TECHNOLOGY BY ELECTED
6 AND APPOINTED OFFICIALS DURING A DECLARED PUBLIC HEALTH
7 EMERGENCY; PROVIDING FOR CODIFICATION; PROVIDING FOR
8 CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
9 EFFECTIVE DATE.
10 WHEREAS, the Novel Coronavirus Disease 2019 (COVID-19) is a contagious
11 disease that has the apparent ability to spread rapidly among humans and may result in
12 serious illness or death, constitutes a clear and present threat to the lives, health, welfare,
13 and safety of the people of Tamarac; and
14 WHEREAS, on March 1, 2020, the Governor Ron DeSantis issued Executive
05 Order number 20-51 directing the Florida Department of Health to issue a Public Health
16 Emergency; and
17 WHEREAS, on March 1, 2020, the State Surgeon General and State Health
18 Officer declared a Public Health Emergency exists in the State of Florida as a result of
19 COVID-19; and
20 WHEREAS, on March 9, 2020, the Governor Ron DeSantis issued Executive
21 Order number 20-52 which declared a State of Emergency for the State of Florida due to
22 COVID-19; and
23 WHEREAS, Governor DeSantis' Executive Orders 20-51 and 20-52 also contain
24 a recommendation to limit public gatherings; and
• {00414488.12704-0501640}
CODING: Words in strike through type are deletions from the existing law;
Words in underscore type are additions.
Temp. Ord. #2446
December 9,2020
Page 2 of 8
25 WHEREAS, Florida Law, including Florida Statutes Sections 286.011 and •
26 166.041, requires that meetings of elected and appointed officials, for the conduct of
27 public business, must be held following procedures (notice, access to meetings, opportu-
28 nity to be heard, the taking of minutes) that ensure that the public is able to participate in
29 and be aware of the decision-making process (the "Sunshine Law"); and
30 WHEREAS, public meetings have traditionally been conducted in spaces with
31 people in close proximity to each other and in groups varying in size, but generally much
32 larger than ten (10) people; and
33 WHEREAS, due to the apparent ability to spread rapidly among humans, during
34 this declared State of Emergency, the traditional public meeting, including compliance
35 with the physical quorum and public attendance requirements of the Sunshine Law, may
36 unnecessarily expose the residents of Tamarac, the City's elected officials, appointed •
37 board members, employees, and first responders to COVID-19; and
38 WHEREAS, the Governor's Executive Order 20-52 acknowledges that special
39 duties and responsibilities placed on state, regional and local agencies in responding to
40 the emergency may require them to suspend the application of the statutes, rules,
41 ordinances and orders they administer; and
42 WHEREAS, specifically, Section 4(D) of Executive Order 20-52 provides for
43 political subdivisions within the State to "waive the procedures and formalities otherwise
44 required . . . by law pertaining to:
45 1) Performance of public work and taking whatever prudent action is necessary to
46 ensure the health, safety and welfare of the community;
{ooaiaaaa.i 2704-0501640} 1111
CODING: Words in strike through type are deletions from the existing law;
Words in underscore type are additions.
Temp. Ord. # 2446
December 9,2020
Page 3of8
11117 2) Entering into contracts . . .;
48 3) Incurring obligations;
49 4) Employment of permanent and temporary workers;
50 5) Utilization of volunteer workers;
51 6) Rental of equipment;
52 7)Acquisition and distribution, with or without compensation, of supplies, materials
53 and facilities; and
54 8) Appropriation and expenditure of public funds."; and
55 WHEREAS, therefore, Executive Order 20-52 authorizes the Mayor and the City
56 Commission to take prudent action to ensure the health, safety, and welfare of the
57 community, which necessarily includes holding virtual public meetings; and
WHEREAS, on September 4, 2020, Governor DeSantis signed Executive Order
59 20-213 which extended Order 20-52 through November 3, 2020; and
60 WHEREAS, Governor DeSantis recognized this action was necessary as, on
61 March 20, 2020, he rendered Executive Order 20-69, suspending the physical quorum
62 requirement for local government public meetings; and
63 WHEREAS, Governor DeSantis has extended Executive Order 20-69 several
64 times with the last extension taking place on September 30, 2020, Executive Order 20-
65 246, allowing public meetings to continue virtually through November 1, 2020; and
66 WHEREAS, Chapter 252, Florida Statutes, among other things, confers upon the
67 Mayor and the City Commission the emergency powers provided for in Chapter 252 in
68 order to protect the public peace, health, and safety; and to preserve the lives and
• {00414488.12704-0501640}
CODING: Words in strike type are deletions from the existing law;
Words in underscore type are additions.
Temp. Ord. # 2446
December 9,2020
Page 4 of 8
69 property of the people of the state; and to "make, amend, and rescind such orders and •
70 rules as are necessary for emergency management purposes and to supplement the
71 carrying out of the provisions of ss. 252.31 -252.90, but which are not inconsistent with
72 any orders or rules adopted by the division or by any state agency exercising a power
73 delegated to it by the Governor or the division." Section 252.46(1), Florida Statutes; and
74 WHEREAS, COVID-19 threatens the public health, safety, welfare and security of
75 the citizens, residents and visitors of the City of Tamarac, Florida; and
76 WHEREAS, as of October 26, 2020, the Florida Department of Health reports a
77 total number of COVID-19 cases of 782,013 with 16,652 deaths in Florida and 83,962
78 cases and 1,521 deaths in Broward County; and
79 WHEREAS, on November 3, 2020, Governor DeSantis issued Executive Order
80 No. 20-276, thereby extending the state of emergency in the State of Florida through •
81 January 3, 2021; and
82 WHEREAS, the Mayor and the City Commission finds there is a clear and present
83 danger in holding a public "in person" meeting for those attending and those who come
84 in contact with those attending; and
85 WHEREAS, the current outbreak of COVID-19 has made the Mayor and the City
86 Commission acutely aware that provisions must be made to ensure that the business of
87 municipal governance can occur without unnecessarily exposing public officials, City
88 personnel or members of the public to a risk of infection while ensuring public access and
89 open government; and
{00414488.1 2704-0501640} •
CODING: Words in strike through type are deletions from the existing law;
Words in underscore type are additions.
Temp. Ord. #2446
December 9,2020
Page 5 of 8
IlkWHEREAS, the technology exists to conduct public meetings using technology in
91 which the City can comply with the provisions of the Sunshine Law while preserving
92 human life; and
93 WHEREAS, since Executive Order 20-69 was rendered by the Governor, the City
94 Commission's virtual public meetings have been live broadcast over television, the
95 internet, radio, and simulcast to a designated location at City Hall for those without
96 television, internet, or radio access; and
97 WHEREAS, the City Commission's virtual public meetings provide for the public
98 to comment live over the phone, via email, or live in person at a designated location at
99 City Hall for those without phone or email access; and
no WHEREAS,the technology and methods to hold virtual public meetings by the City
S . provides broader access to the general public to watch, listen to, or comment on public
102 business; and
103 WHEREAS, the City is unaware of any person that has been unable to view or
104 participate in any virtual meeting held to date; and
105 WHEREAS,the Mayor and the City Commission also possesses broad Home Rule
106 powers that authorize it to protect the public health, safety, and welfare, declare
107 emergencies, and protect its citizens; and
108 WHEREAS, no statute, Charter provision, or ordinance provides that the City
109 Commission must physically be present at the same place to hold a City Commission
110 meeting; and
S (00414486.1 2704 0501640}
CODING: Words in strike type are deletions from the existing law;
Words in underscore type are additions.
Temp. Ord. # 2446
December 9,2020
Page 6 of 8
111 WHEREAS, the City Charter does not prohibit attendance at meetings of City •
112 Commission by electronic media and the City Commission finds that its attendance
113 requirement for the purpose of establishing a quorum, participating and voting can be
114 satisfied by physical or CMT attendance; and
115 WHEREAS, Section 166.041(3)(b) allows a municipality to enact an emergency
116 ordinance in one meeting if approved by a two-thirds vote of the governing body; and
117 WHEREAS, the City Commission finds that it is in the best interests of the City
118 Commission, Boards, Committees, City personnel, and citizens and residents of the City
119 to authorize the City Commission to provide for the City Commission and members of all
120 Boards and Committees to be able to attend meetings electronically during a declared
121 public health emergency.
122 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 111
123 CITY OF TAMARAC, FLORIDA:
124 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
125 as being true and correct and are hereby made a part of this Ordinance.
126 SECTION 2. Pursuant to the City's Charter and Code of Ordinances, the Home
127 Rule authority of the Mayor and the City Commission, Chapter 252, Florida Statutes,
128 Section 4D of Governor DeSantis' Executive Order 20-52, and based upon the Legislative
129 Findings set forth in the above-stated recitals, the City Commission is hereby authorized,
130 during a declared public health emergency, to arrange for the City Commission, and all
131 Boards and Committees to meet electronically. Such meetings shall be planned and
132 conducted in consultation with the City Attorney's Office to ensure, to the extent
{00414488 1 2704-0501640} •
CODING: Words in strike through type are deletions from the existing law;
Words in underscore type are additions.
Temp. Ord. #2446
December 9,2020
Page 7 of 8
413 practicable, substantial compliance with Section 286.011, Florida Statutes, "Florida's
134 Sunshine Law."
135 SECTION 3. If any clause, section, or other part or application of this Emergency
136 Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or
137 invalid, such unconstitutional or invalid part or application shall be considered as
138 eliminated and so not affecting the remaining portions or applications remaining in full
139 force and effect.
140 SECTION 4. All Ordinances or parts of Ordinances, Resolutions or parts of
141 Resolutions in conflict herewith be and the same are hereby repealed to the extent of
142 such conflict.
143 SECTION 5. This Emergency Ordinance shall take effect immediately.
4114
145
146
147 BY: Ce4,&� -
148 MA OR MICHELLE J. Gr4M(Z
149
150 ATTEST \\`\F'TAM,
151 z'- .. • O .�
15 0 V4S1:'
15 NNIF R J ON, CMC _w EST 963 cr
154 CITY CLERK
155 •.w
156 � .... ;s�1
OCoUN\\
157
158
159
160
• (00414488.12704.0501640}
CODING: Words in strikethrough type are deletions from the existing law;
Words in underscore type are additions.
Temp. Ord. #2446
December 9,2020
Page 8 of 8
161 RECORD OF COMMISSION VOTE: •
162 MAYOR GOMEZ
163 DIST 1: COMM. BOLTON fie5
164 DIST 2: COMM. GELIN
165 DIST 3: V/M VILLALOBOS
166 DIST 4: COMM. PLACKO
167
168
169
170
171 I HEREBY CERTIFY that
172 I have approved this
173 ORDINANCE as to form
174
175
176lit-7)14\
177 /
178 SAMUEL S. GORE 1
179 CITY ATTORNEY
180 •
181
182
{00414488 1 2704-0501640} 11111
CODING: Words in strike through type are deletions from the existing law;
Words in underscore type are additions.