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HomeMy WebLinkAbout2003 01 27 Consent F Resolution 2003-06 Amend the City Rules and Procedures COMMISSION AGENDA ITEM F Consent X Informational Public Hearing Regular January 27.2003 Meeting ~ ~ (~/03 , Mgr. / Att. / Dept. REQUEST: The City Attorney presents Resolution No. 2003-06 to the City Commission for approval. The Resolution memorializes the previous discussion of the City Commission to amend the City Commission's Rules and Procedures. PURPOSE: To amend and restate, in their entirety, the Rules and Procedures of the City Commission. APPLICABLE LAW AND PUBLIC POLICY: 1. City Charter, Section 4. 13(b). CONSIDERA TIONS: 1. City Charter, Section 4. 13 (b), authorizes the City Commission to adopt rules for conducting City business. 2. Unless otherwise directed by local, state, or federal law, it is within the City Commission's purview to adopt its own rules and procedures. Page I of 3 3. Resolution No. 2003-06 repeals Resolution No. 908 and amends the Commission's rules contained in Resolution No. 908 as follows: a. OLD: "The Commission shall hold Workshop Meetings, 5:00 P.M. to 6:30 P.M., prior to each Commission Meeting for a trial period of two months, beginning October 25, 1999 to be re-evaluated at the end of that time" is being eliminated in its entirety. b. OLD: "Agenda Packets shall be made available to Commissioners no later than Wednesday prior to the Commission Meeting." is being amended to read as follows: A. Agenda Packets. Agenda Packets shall be made available to Commissioners no later than Wednesday at 5:00 p.m. prior to the Commission meeting; however, when absolutely necessary or in the event of an emergency, the City Manager may distribute the Agenda Packets or any agenda item(s) after Wednesday at 5:00 p.m. c. OLD: "There shall be no limit as to the amount of time a Commissioner may speak" is being amended to read as follows: G. Time Limits. Unless otherwise approved by a majority vote of the City Commission, each Commissioner and the Mayor shall be given a maximum of five (5) minutes to initially speak on an agenda item. After each Commissioner and the Mayor have been afforded the opportunity to speak on an agenda item, each Commissioner and the Mayor shall be given an additional five (5) minutes to speak on an agenda item, provided no Commissioner or the Mayor shall be given more than a total often (10) minutes to speak on an agenda item unless additional time is approved by majority vote of the City Commission. d. OLD: "Commission Meetings shall be adjourned at 11 :00 P.M., however, they may be extended in one-hour increments by a super majority vote." and OLD: "Regardless of the time, Adjournment shall require a motion, second and a majority vote." are being consolidated into one section and amended to read as follows: Page 2 of 3 L. Time of Adjournment. Unless sooner adjourned by majority vote of the City Commission, the Mayor shall adjourn the Commission meeting at 11 :00 p.m. However, by super majority vote of the City Commission, a Commission meeting may be extended beyond 11 :00 p.rn. in time increments or to handle any specific agenda item(s). e. All other rules contained in Resolution No. 908 have been restated in Resolution No. 2003-06 with no amendments, except the addition of headings, which have been added for convenience. STAFF RECOMMENDATION: The City Attorney presents Resolution 2003-06 for the City Commission's consideration. ATTACHMENT: Resolution 2003-06. COMMISSION ACTION: On November 11, 2002, the City Commission directed that the City Commission's Rules and Procedures be amended as set forth herein. F:\Docs\City of Winter Springs\Agenda\Agenda.F.Rules _Procedures.wpd Page 3 of 3 RESOLUTION NO. 2003-06 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, REPEALING RESOLUTION NO. 908 AND AMENDING AND RESTATING IN THEIR ENTIRETY THE RULES AND PROCEDURES FOR THE CONDUCT OF ANY COMMISSION MEETINGS, PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Winter Springs, Florida, ("City Commission") desires to conduct its business with order and efficiency; and WHEREAS, in order to effectuate order and efficiency at City Commission meetings, the City Commission recognizes the need to adopt rules and procedures to conduct City business; and WHEREAS, the City Commission desires to amend its rules and procedures set forth in Resolution 908; and WHEREAS, the City Commission also desires to restate herein the rules and procedures of the City Commission as amended; and WHEREAS, the City Commission has found it necessary to periodically review its practices to provide guidelines for the most expedient and efficient business practices in the City; and WHEREAS, the City Commission deems it to be in the best interests of the health, safety, and welfare of the citizens of the City that the City Commission have rules of order for the conduct of its business. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1. resolution. RECITALS. The foregoing recitals are affirmed and incorporated as part of this Section 2. RULES AND PROCEDURES. The following rules and procedures are adopted for City Commission meetings: A. Agenda Packets. Agenda Packets shall be made available to Commissioners no later than Wednesday at 5:00 p.m. prior to the Commission meeting; however, when absolutely necessary or in the event of an emergency, the City Manager may distribute the Agenda Packets or any agenda item(s) after Wednesday at 5:00 p.m. Resolution 2003-06 City of Winter Springs Page 1 of 3 B. Robert's Rules of Order. Robert's Rules of Order shall be the "underlying foundation" for the conduct of Commission meetings. (Robert's Rules of Order may be suspended by a majority vote.) C. Consent Agenda. Any Commissioner may request that a Consent Agenda Item be held for separate consideration. D. Motions. No Motion shall be recognized by the Chair until all Commissioners and the City Manager have had an opportunity to address that Agenda Item. E. Motions Belong to Commission. Motions, once made, and seconded, belong to the Commission, not the individual making the original Motion. (Amendments need not be accepted by the Maker of the Motion.) F. Parliamentary Procedure. All Motions shall be considered in accordance with the Chart J, Ranking Order and Chart II, Motions in the "Parliamentary Procedure Basics for Governmental Bodies" (Third Edition, Agenda Associates). G. Time Limits. Unless otherwise approved by a majority vote of the City Commission, each Commissioner and the Mayor shall be given a maximum of five (5) minutes to initially speak on an agenda item. After each Commissioner and the Mayor have been afforded the opportunity to speak on an agenda item, each Commissioner and the Mayor shall be given an additional five (5) minutes to speak on an agenda item, provided no Commissioner or the Mayor shall be given more than a total often (10) minutes to speak on an agenda item unless additional time is approved by majority vote of the City Commission. H. Call the Question. Motions to "Call the Question" shall require a second and a vote. I. Mayor Enforce Time Limits. The Mayor shall strongly enforce the directives of the Commission relative to disruptive members of the audience and time limits on Public Input J. Commissioners Call Attention to Disruptive Behavior. Members of the Commission may call the Mayor's attention to disruptive behavior by members ofthe audience, if the Mayor fails to notice the behavior. In such event, the Mayor shall issue a warning to those individuals. K. Mayor Give Warning. The Mayor shall give disruptive members of the audience a (one) warning. If these individuals commit further disruptions, the Police Resolution 2003-06 City of Winter Springs Page 2 of 3 Chief shall escort them out of the Commission Chamber for the remainder of the meeting. L. Time of Adiournment. Unless sooner adjourned by majority vote of the City Commission, the Mayor shall adjourn the Commission meeting at 11 :00 p.ffi. However, by super majority vote of the City Commission, a Commission meeting may be extended beyond 11 :00 p,m. in time increments or to handle any specific agenda item(s). Section 3. SEVERABILITY. If any section, clause, phrase, word, or provision of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, whether for substantive or procedural reasons, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this resolution. Section 4. REPEAL OF PRIOR INCONSISTENT RESOLUTIONS. Resolution No. 908 and all prior inconsistent resolutions adopted by the City Commission are hereby repealed. Section 5. EFFECTIVE DATE. This resolution shall become effective immediately upon passage by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. Section 6. LIMITATIONS. The failure of the City Commission or Mayor to abide by any of the Rules and Procedures contained in this resolution shall not have any adverse effect on any final decision made by a majority vote of the City Commission. DONE AND ADOPTED in regular session of the City Commission of the City of Winter Springs, Florida, this _ day of 2003. JOHN F. BUSH, Mayor ATTEST: ANDREA LORENZO-LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney Resolution 2003-06 City of Winter Springs Page 3 of 3 BROWN, WARD, SALZMAN & WEISS, P.A. Attomrys at Law Usher L. Brown · Suzanne D'AgrestaD Anthony A. GarganeseD Gary S. Salzmano John H. Ward · Jeffrey S. Weiss Offices in Orlando, Kissimmee, Cocoa & Viera Debra S. Babb Jeffrey P. Buak Todd K Norman John U. Biedenharn, Jr. Joseph E. Blitch Jennifer A. Michael Michelle A. Reddin Vincent E. Scarlatos .Board Certified Civil Trial Lawyer oBoard Certified Business Litigation Lawyer oBoard Certified City, County & Local Government Law January 28, 2003 I Erin J. O'Leary \''1;" ..,~~ Of Counsel ........,.~ J {j '. - ~ '-' oi...-=J flJ29 Clrl'c '003 '2 v:, ~ ('1:;" '"r"YI-i..:'-"', I . "XL "'Cs Andrea Lorenzo-Luaces, City Clerk City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708 Re: Resolution 2003-06 I Rules and Procedures City of Winter Springs - General #1193 Dear Andrea: Enclosed is' the' original Resolution No, 2003-06 for your and the Mayor's signatures. Upon full execution of the resolution, please substitute this resolution in the Commission's Rules and Procedures located on the Commission Chambers dais and provide a signed copy to me for my file. If you have any questions, please do not hesitate to contact our offices. Anthony A Garganese City Attorney AAG:jf Enclosure Original Resolution No. 2003-06 225 East Robinson Street, Suite 660. P.O. Box 2873. Orlando, Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596 . Kissimmee (321) 402-0144 . Cocoa & Viera (866) 425-9566 Website: www.orlandolaw.net . Email: firm@orlandolaw.net RESOLUTION NO. 2003-06 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, REPEALING RESOLUTION NO. 908 AND AMENDING AND RESTA TING IN THEIR ENTIRETY THE RULES AND PROCEDURES FOR THE CONDUCT OF ANY COMMISSION MEETINGS, PROVIDING FOR SEVERABILITY; PROVIDING FOR THE / REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; AN;LD PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Winter Springs Florida, ("City Commission") desires to conduct its business with order and efficiency; an~ WHEREAS, in order to effectuate order and efficiency at City Co mission meetings, the City Commission recognizes the need to adopt rules and procedures to co duct City business; and WHEREAS, the City Commission desires to amend its rules nd procedures set forth in Resolution 908; and WHEREAS, the City Commission also desires to restate h rein the rules and procedures of the City Commission as amended; and WHEREAS, the City Commission has found it necess ry to periodically review its practices to provide guidelines for the most expedient and efficient b siness practices in the City; and WHEREAS, the City Commission deems it to e in the best interests of the health, safety, and welfare of the citizens of the City that the City Co mission have rules of order for the conduct of its business. NOW, THEREFORE, BE IT RESOL ED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOL COUNTY, FLORIDA, AS FOLLOWS: Section 1. resolution. RECITALS. The forego' g recitals are affirmed and incorporated as part of this Section 2. RULES AND PROC URES. The following rules and procedures are adopted for City Commission meetings: A. A enda Pa ets. Agenda Packets shall be made available to Commissioners no later than Wed esday at 5:00 p.m. prior to the Commission meeting; however, when absolutely n cessary or in the event of an emergency, the City Manager may I distribute any adcl-on agenda item(s) after Wednesday at 5:00 p.m. I Resolution 2003-06 City of Winter Springs Page 1 of 3 B. Robert's Rules of Order. Robert's Rules of Order shall be the "underlying foundation" for the conduct of Commission meetings. (Robert's Rules of Order may be suspended by a majority vote.) C. Consent Agenda. Any Commissioner may request that a Consent Agenda Item be held for separate consideration. /" . D. Motions. No Motion shall be recognized by Commissioners and the City Manager have had an opportunity Item. . e Chair until all address that Agenda E. Motions Belong to Commission. Motions, nce made, and seconded, belong to the Commission, not the individual king the original Motion. (Amendments need not be accepted by the Maker 0 the Motion.) F. Parliamentary Procedure. All Motio s shall be considered in accordance with the Chart 1, Ranking Order and Cha . II, Motions in the "Parliamentary Procedure Basics for Governmental Bodies" (Third Edition, Agenda Associates). G. Time Limits. Unless otherwi e approved by a majority vote of the City Commission, each Commissioner and e Mayor shall be given a maximum offive (5) minutes to initially speak on an ~~en rteffi:-c each Commissioner and the Mayor have been afforded the op ort 1 to speak on an a enda item, each Commissioner and the Mayor shall be IV a additional five (5) inutes to speak on an agenda item. H. Call the and a vote. Motions to "Call the Question" shall require a second J. Co issioners Call Attention to Disru tive Behavior. Members of the Commissi n may call the Mayor's attention to disruptive behavior by members of the audienc , if the Mayor fails to notice the behavior. In such event, the Mayor shall issue a arning to those individuals. K. Mayor Give Warning. The Mayor shall give disruptive members of the ;X ience a (one) warning. If these individuals commit further disruptions, the Police l~ief shall escort them out of the Commission Chamber for the remainder of the /meeting. I Resolution 2003-06 Cily of Winter Springs Page 2 of 3 L. Time of Adiournment. Unless sooner adjourned by majority vote of the City Commission, the Mayor shall adjourn the Commission meeting at 11 :00 p.m. However, by super majority vote of the City Commission, a Commission meeting may be extended beyond 11 :00 p.m. in time increments or to handle any specific agenda item(s). Section 3. SEVERABILITY. If any section, clause, phrase, word, or provision of this resolution is for any reason held invalid or unconstitutional by a COUlt of competent jurisdiction, whether for substantive or procedural reasons, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this resolution. Section 4. REPEAL OF PRIOR INCONSISTENT RESOLUTIONS. Resolution No. 908 and all prior inconsistent resolutions adopted by the City Commission are hereby repealed. Section 5. EFFECTIVE DATE. This resolution shall become effective immediately upon passage by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. Section 6. LIMITA TIONS. The failure of the City Commission or Mayor to abide by any of the Rules and Procedures contained in this resolution shall not have any adverse effect on any final decision made by a majority vote of the City Commission. DONE AND ADOPTED in regular session of the City Commission of the City of Winter Springs, Florida, this _ day of 2003. ATTEST: ANDREA LO O-LUACES, City Clerk as to legal form and sufficiency for 'nter Springs only: ANTHONY A. GARGANESE, City Attorney Resolution 2003-06 City of Winter Springs Page 3 of 3 I RESOLUTION NO. 2003-06 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, REPEALING RESOLUTION NO. 908 AND AMENDING AND RESTATING IN THEIR ENTIRETY THE RULES AND PROCEDURES FOR THE CONDUCT OF ANY COMMISSION MEETINGS, PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Winter Springs, Florida, ("City Commission") desires to conduct its business with order and efficiency; and WHEREAS, in order to effectuate order and efficiency at City Commission meetings, the City Commission recognizes the need to adopt rules and procedures to conduct City business; and WHEREAS, the City Commission desires to amend its rules and procedures set forth in Resolution 908; and WHEREAS, the City Commission also desires to restate herein the rules and procedures of the City Commission as amended; and WHEREAS, the City Commission has found it necessary to periodically review its practices to provide guidelines for the most expedient and efficient business practices in the City; and WHEREAS, the City Commission deems it to be in the best interests of the health, safety, and welfare of the citizens of the City that the City Commission have rules of order for the conduct of its business. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1. resolution. RECITALS. The foregoing recitals are affirmed and incorporated as part of this Section 2. RULES AND PROCEDURES. The following rules and procedures are adopted for City Commission meetings: A. Agenda Packets. Agenda Packets shall be made available to Commissioners no later than Wednesday at 5:00 p.m. prior to the Commission meeting; however, when absolutely necessary or in the event of an emergency, the City Manager may distribute any add-on agenda item(s) after Wednesday at 5:00 p.m. Resolution 2003-06 City of Winter Springs Page 1 of 3 ~ B. Robert's Rules of Order. Robert's Rules of Order shall be the "underlying foundation" for the conduct of Commission meetings. (Robert's Rules of Order may be suspended by a majority vote.) C. Consent Agenda. Any Commissioner may request that a Consent Agenda Item be held for separate consideration. D. Motions. No Motion shall be recognized by the Chair until all Commissioners and the City,Manager have had an opportunity to address that Agenda Item. E. Motions Belong to Commission. Motions, once made, and seconded, belong to the Commission, not the individual making the original Motion. (Amendments need not be accepted by the Maker of the Motion.) F. Parliamentary Procedure. All Motions shall be considered in accordance with the Chart 1, Ranking Order and Chart 11, Motions in the "Parliamentary Procedure Basics for Governmental Bodies" (Third Edition, Agenda Associates). G. Time Limits. Unless otherwise approved by a majority vote of the City Commission, each Commissioner and the Mayor shall be given a maximum of five (5) minutes to initially speak on an agenda item. After each Commissioner and the Mayor have been afforded the opportunity to initially speak on an agenda item, each Commissioner and the Mayor shall then be given additional time to speak in five (5) minute increments until discussion on that agenda item has been concluded. H. Call the Ouestion. Motions to "Call the Question" shall require a second and a vote. I. Mayor Enforce Time Limits. The Mayor shall strongly enforce the directives of the Commission relative to disruptive members of the audience and time limits on Public Input. J. Commissioners Call Attention to Disruptive Behavior. Members of the Commission may call the Mayor's attention to disruptive behavior by members ofthe audience, if the Mayor fails to notice the behavior. In such event, the Mayor shall issue a warning to those individuals. K. Mayor Give Warning. The Mayor shall give disruptive members of the audience a (one) warning. If these individuals commit further disruptions, the Police Chief shall escort them out of the Commission Chamber for the remainder of the meeting. Resolution 2003-06 City of Winter Springs Page 2 of 3 "'-. .... L. Time of Adjournment. Unless sooner adjourned by majority vote of the City Commission, the Mayor shall adjourn the Commission meeting at 11 :00 p.ffi. However, by super majority vote of the City Commission, a Commission meeting may be extended beyond 11 :00 p.ffi. in time increments or to handle any specific agenda item(s). Section 3. SEVERABILITY. If any section, clause, phrase, word, or provision of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, whether for substantive or procedural reasons, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this resolution. Section 4. REPEAL OF PRIOR INCONSISTENT RESOLUTIONS. Resolution No. 908 and all prior inconsistent resolutions adopted by the City Commission are hereby repealed. Section 5. EFFECTIVE DATE. This resolution shall become effective immediately upon passage by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. Section 6. LIMITATIONS. The failure of the City Commission or Mayor to abide by any of the Rules and Procedures contained in this resolution shall not have any adverse effect on any final decision made by a majority vote of the City Commission. DONE AND ADOPTED in regular session of the City Commission of the City of Winter Springs, Florida, this 27th day of January 2003 s to legal form and sufficiency for . ter Springs only: ANTHONY A. GARGANESE, City Attorney Resolution 2003-06 City of Winter Springs Page 3 of 3