HomeMy WebLinkAboutOrdinance 2016-09 Rules and Procedures ORDINANCE NO. 2016-09
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
FLORIDA; AMENDING CHAPTER 2, ARTICLE II CITY
COMMISSION; PROVIDING FOR THE ADOPTION AND
CODIFICATION OF CITY COMMISSION RULES AND
PROCEDURES; PROVIDING FOR THE REPEAL OF
PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, INCORPORATION INTO THE CODE,
SEVERABILITY,AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City Commission has previously adopted Resolution 2015-29 setting
forth rules and procedures for the conduct of City Commission meetings in order to provide for
efficient, effective, and decorous meetings; and
WHEREAS, the City Commission now desires to codify and update its rules and
procedure as more specifically provided herein; and
WHEREAS, the City Commission desires to continue to conduct its business with order
and efficiency; 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 Eleventh Circuit Court of Appeals in Rowe v. City of Cocoa, 358 F.3d
800 (U.S. I 1 th Cir. 2004), upheld a city residency restriction permitting the governing body of the
city to decline to hear argument at their meetings by persons who were not residents or taxpayers
of the city; and
WHEREAS, the Rowe decision also affirmed a city council's ability to establish rules of
procedure for council meetings in order to promote orderly and efficient conduct of such meetings;
and
WHEREAS, the City Commission also desires to afford the public an opportunity to be
heard on matters coming before the City Commission for final action in accordance with the
provisions of Florida law; and
City of Winter Springs
Ordinance No. 2016-09
Page 1 of 21
WHEREAS, the City Commission further desires to maintain its current policy that the
City Commission chambers are designated Campaign-Free Zone in order to facilitate orderly and
efficient meetings to handle City business; Cleveland v. City of Cocoa Beach,No. 03-16514,2007
WL 869055 (11th Cir. Mar. 23, 2007); and
WHEREAS, the City Commission recognizes that quasi-judicial proceedings conducted
by the City Commission are governed by certain fundamental due process requirements
established by statute and case law and that the City Commission must conduct such proceedings
in accordance with such requirements. See cg;, Brevard County v. Snyder, 627 So. 2d 469 (Fla.
1993); and
WHEREAS, the City Commission desires to also adopt guidelines to assist the City
Commission with conducting quasi-judicial hearings in accordance with law; and
WHEREAS, the City Commission deems it to be in the best interests of the public health,
safety, and welfare of the citizens of Winter Springs that the City Commission have rules of order
for the conduct of its business.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
reference as legislative findings of the City Commission of Winter Springs.
Section 2. Code Amendment. The City of Winter Springs Code of Ordinances is
hereby amended to create a new Chapter 2,Article II, Sections 2-27, 2-28, 2-29, 2-30, and 2-31 as
follows (underlined type indicates additions and stFikeout type indicates deletions):
CHAPTER 2 ADMINISTRATION
ARTICLE II. CITY COMMISSION
Sec. 2-27 Rules and Procedures of the City Commission - Generally
(a) Authority. The rules and procedures established under this article II are adopted in
furtherance of section 4,t 3(b) of the city charter of the city of Winter Spring which provides that
the city commission shall determine its own rules and order of business. The rules and
procedures adopted under this article II are intended to be supplemental and in addition to other
applicable provisions of law. To the extent that any provision of these rules and procedures is in
conflict with the city charter, state or federal law, the conflicting_provisions of the city charter,
state or federal law shall prevail and apply. The rules and procedures adopted by the city
commission shall not be construed or interpreted in 4ny way to limit the broad powers vested in the
cit y commission under the city charter, Article VIII Section 2(b) of the Florida Constitution the
City of Winter Springs
Ordinance No.2016-09
Page 2 of 21
Florida Municipal Home Rulc Powers Act and other applicable law.
Agenda Packets. The city manager shall have the authority to and be responsible for
preparing the city commission agenda for each city commission meeting._ Upon completion_of
the agenda packets,the city clerk shall be responsible for distributing agenda packets to the mayor,
city commissioners, city manager, city attorney, city staff and the public. Agenda packets shall
be made available to the ma or and each commissioner no later than wednesda (preferably b
5:00 .m. rior to the commission meetin ,however,when absolutely necessary or in the event of
an emergency, the city mana er may authorize the distribution of the agenda packets after 5:00
p.m. and may distribute any add-on agenda item(s) after the agenda has been distributed on
wednesday. To the extent that certain agenda items require the review by or distribution of
documents to the mayor and city commission that are deemed confidential or exempt from public
disclosure by law, the city mana er will arrange for such review or distribution in a manner
deemed appropriate to protect such exemption or confidentiality.
c Approval of the Agenda. At the commencement of each city commission meeting
during the Call to Order section the city commission shall approve, by majority vote the
proposed agenda to be considered by the city,commission at the meeting. Prior to the approval of
the proposed agenda, the city commission may, by majority vote, add or remove agenda items
from the proposed agenda or reorder agenda items in terms of placement on the agenda. Upon
approval of the agenda, the agenda items will be considered by the city commission in the order
resented on the a roved agenda.
d Robert's Rules of Order. Robert's Rules of Order shall be the "underlying foundation"
for the conduct of commission meetings and will be followed to the extent practical and feasible
and to the extent not modified by this article or as otherwise required by law. Robert's Rules o
Order may be suspended by a majority vote of the City Commission. The city clerk shall be
responsible for maintaining at least two copies of Robert's Rules of Order on the dais during all
city commission meetings,
e Consent Agenda. Any commissioner may request that a consent agenda item be held for
separate consideration.
Motions. No motion shall be reqogaizcd by the chair until all commissioners and the
city manager have had an opportunity,to address that_ag da item.
Motions Belong to Commission. Motions shall only be permitted-hy permitted-h members of the
commission. Motions, once made,_and seconded, belonto the commission, not the individual
making g the original motion. Motions which have been seconded maybe withdrawn by original motion. Motions which have been seconded maybe withdrawn by consensus
of the city commission without a formal vote. Amendments to pending motions are not required
to be accepted by of the pending motion.
h Parliamentag Procedure. All motions shall be considered in accordance with the
City of Winter springs
Ordinance No. 2016-09
Page 3 of 21
Chart 1 Ranking Order and Chart 11 motions in the "Parliamentary Procedure Basics for
Governmental Bodies" Third Edition Agenda Associates). The city clerk shall be res onsible
for maintaining at least two copies of the chart on the dais during all city commission meetings.
Time Limits on Agenda Items. Unless otherwise approved b�jority vote of the city
commission, each commissioner and the mayor shall be ig ven a maximum of five (5) minutes to
initially speak on an a enda item. After each commissioner and the mayor have been afforded the
o-yportunity to initially speak on an a enda item each commissioner and the ma or shall then be
given additional time to sneak in five(5) minute increments until discussion on that agenda item
has been concluded.
Call the Question. Motions to "Call the Question" shall require a second and a
minimum 213 vote of the commission.
k Startin g Time of Meetings. Re lar-city commission meetings shall be scheduled to
commence at 5:15 P.M. on the second and fourth Monday of every month unless otherwise
approved by the city commission. Special and emergency city commission meetings shall be
scheduled as needed at a date and time established by the mayor, city commission or city
manager, and whenever practicable, upon no less than twelve (12) hour notice provided to the
mayor, city manager, city clerk, city attorney and each member of the city commission.
1 Time a Adjournment. Unless sooner adjourned by majority vote of the cit
commission the mayor shall adjourn the commission meeting at 8:30 p.m. However,b majorit
vote of the cit y commission a commission meeting-may meeting-may be extended be and 8:30 .m., but no
later than 10:00 .m. in time increments or to handle any s ecific a enda item (s), A
super-majority vote of the city commission shall be required to similarly extend a commission
meeting beyond 10:00 p.m.
rn Re orts. At the conclusion of each city commission meeting prior to any additional
delegations portion of the city commission meeting, the agenda will set aside a time period.for
reports subject to the following protocol:
(1) During reports,the mayor and each commissioner shall be afforded an opportunity
to report on various committees and groups on which they_represent the city, and to make brief
comments in general. Each report is intended to be brief and not for purposes of proposing that
the city commission take final action on major initiatives and/or initiatives that would ordinarily
require significant 61y staff research before final action is taken by the city commission.
(2) The city commission will not take final action on any major initiatives and/or
initiatives that would ordinarily require significant city staff research presented under reports, but
may, at its discretion and by majority vote, place such initiative on a subsequent city commission
a enda for consideration.
City of Winter Springs
Ordinance No.2016-09
Page 4 of 21
3 The-city manager, cit attomeL and cit clerk shall also be afforded a brief
opportunity to re ort on information and various matters rqquiring requiring the city commission's attention
and to also present pending miscellaneous matters requiring expedient direction from the city
commission prior to the next regularly scheduled city commission meeting.
(4) 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 speak under reports.
5 Roorting individuals ma y circulate prior to the meetin back ound information
that may be reported on during the meeting. Such information shall be provided through the city
clerk's or city manager's office for distribution to the mayor and city commission in a manner
similar to the distribution of agenda packets, except that the city attorney may distribute
attorney-client privileged work product directly to the city manager, mayor and city
commissioners to the extent necessary to protect such privilege Further,to the extent that certain
information must be distributed by the city manager that is deemed confidential or exempt from
ublic disclosure by law, such information mqy be distributed directly to the mayor, city
commissioners and 61y attomey to the extent necessary to protect such exem tion or
confidentiality. At the meeting, the r9 porting individual can present.or refer to the background
information in support_of their report_item.
(6) Reporting_ individuals may also present their report items in writing to be
distributed at the meeting,
See. 2-28 Addressing the Mayor and Ck Commission.
(a)._ Oral Communications. Any person desiring to address the mayor and city commission
shall first secure the permission of the presiding officer and shall state his/her name and address for
the record. If such person is speaking as an authorized representative, such person shall also
advise the mayor and cif commission of the name of the person, rgroup,business, or organization
being represented. All remarks shall be addressed to the mayor and city commission as a body
and not to any member thereof, unless permission to do so is first granted by the presiding-officer
or the city commission. Individual members of the public shall limit their discussion or
comments to no more than three 3 minutes. Individuals Mresenting a goup or homeowner's
association shall limit their discussion or comments to no more than five (5) minutes. No
questions shall be asked_ of the mayor or a city commission member or city official except through
the presiding officer.
Written Communication. Interested persons may address the mayor and city commission
by written communications in regard to a matter then under discussion.
(c) Reading Protests. Interested persons may address the mayor and city commission by
reading of protests,petitions, or other communications related to matters then being considered by
the city_commission.
City of Winter Springs
Ordinance No.2016-09
Page 5 of 21
d Mayor Enforce Time Limits. The mayor shall strmgly enforce the directives of the cit
commission relative to disruptive members of the audience and time limits on public input._
(e) Disruptive Behavior Prohibited. _ Disruptive behavior by members of the audience
including, but not limited to fighting, yelling, throwing or launching projectiles, audible use of
electronic devices e. cell phones, la tops, tablets cameras and gaming devices visual
dis la s e.g, lasers hola a hical images, projections,, and blinking, flashing or other light
dis la s and causing loud noises is strictly prohibited. Cell hones or my other ringing device
must be silenced or turned off during city commission meetings.
Certain Remarks Prohibited. Obscene or disparaging langgage, fighting words or
slanderous remarks are strictly_prohibited at the city commission meetings.
Non-resident and/or Non-tax a )er Restriction. The city commission by ma'orit vote
mqy decline to hear an_y person who is not a resident or tax a er of the City, except:
(1) When the person is a user of the city's water_or sewer system and wishes to be
heard on a matter related to the city's sewer and/or water system.
(2) When such person is a city employee who wishes to be heard on a matter relating to
his/her employment;_or
3 When such person is serving as an authorized re presentative for a erson who
would otherwise be permitted to be heard on the subject matter before the city-commission.
tW Delegations. Public comment will be included on every city commission agenda under
the following conditions:
1 At the beginning of each re lar, special or worksho meetin at which the cit
commission will take final official action on any proposition,the city commission will set aside_qlj
to thirty minutes of each regular, special or workshop, meeting for "dele ations" aka limited
public forum) after call to order and any awards and presentations,immediately_prior to taking any
„final official action an any proposition. In addition, at its discretion, the city commission may set
aside up to an additional thirty minutes of each regular, special or workshop meeting for
or an
additional "delegations" portion of the meeting at the end of each city commission meeting.
Delegations shall be subject to other applicable provisions of the city code. The purpose of the
first delegations portion of the meeting is for any person to be heard on any item on the agenda,
except the following items:
a. Emergence items, meaning_an official act that must be taken to deal with an
emergency situation affectina the public health welfare or safetL if compliance with section
286.0114 Florida Statutes would cause an unreasonable delay in the ability of the city
City of Winter Springs
Ordinance No. 2016-09
Page 6 of 21
commission to act,
b. Ministerial items, meaning an official act involving no more than a ministerial act,
including, but not Limited to a royal of minutes and ceremonial proclamations. Ministerial
items also include motions or Questions of arliament rocedure that do not result in a final
official action of an item before the city commission;
C. Quasi-judicial items, generally meaning ad nd use and other applications considered
by the city commission requiring the application of a general rule of existing policy as more
specifically described in section 2-30 of the City Code' and
d. Public hearing items where uhhe comments are taken elsewhere on the agenda
when the item is presented.
The purpose is also to allow any resident or taxpayer of the city to make his/her views
known to the city commission upon any subject of general or public interest. Additionally, a city
employee shall be permitted to address the mayor and city commission as to matters regarding
his/her employment, and a user of the city's sewer or water system shall be permitted to address
the city commission regarding matters related to the city's sewer and/or waters stem.
(2) The second discretionary "delegations" at the end of the meeting shall be for the
limited purpose of allowing any resident or taxpayer of the city to make his/her views known to the
city commission upon any subject of general or public interest. Additionally, a city employee
shall be permitted to address the mayor and city commission as to matters regarding_his/her
employment, and a user of the city's sewer or water system shall be permitted to address the city
commission regarding matters related to the city's sewer and/or water system.
3 Each person addressing the pity commission during delegations shall speak for no
more than three 3 minutes and a person re resentin a goMp or homeowner's association shall
speak for no more than five (5) minutes, unless a lesser or greater time is provided by a majority
vote of the city commission.
(4) If it appears that a matter presented by a speaker during delegations is
administrative in nature and the question or matter raised can be adequately answered or
addressed by the city manager or administrative staff, the city commission m4y request, upon
consensus or pro er motion and majority vote that the speaker refer the matter to the city manage
or his designee during normal city business hours. If such a referral is made by the city
commission the speaker shall have no further right to present that matter at the meeting. If the
speaker is not adequately satisfied by the city's administrative staff upon proper referral the
speaker shall have the right to bring the matter in question before the city_commission during the
delegations portion of any subsequent city-commission meeting.
(5) The city_commission recognizes that delegations is for the purpose of allowing
City of Winter Springs
Ordinance No. 2016-09
Page 7 of 21
persons to speak on propositions on the agenda in accordance with limitations and requirements
set forth in section 286.0114, Florida Statutes, as well as for purposes of legitimate inquiries and
discussion by the public. Delegations is not for the purpose of advancing arguments or repetitious
questions concerning matters which the city commission believes to be closed which are not
propositions requiring final official action of the commission or not of general public concern.
Further, it is not a ro riate to readdress quasi-judicial and pEblic hearing items RLqviously
addressed by-the city commission at the same meetin . The city commission shall have the right at
any delegations to decline to hear any person or any subject matter upon consensus, or proper
motion and majority vote, by the city commission in accordance with law.
i Public Hearings in General. The city commission shall hold a public hearing on agenda
items to the extent required by law includin but not limited to items related to the adoption of
ordinances ado Lion of the annual mills e and budget, and other a enda items rgguired by law.
The following are intended to be gogeral ggidelines for such hearings:
(1) All public hearings shall be advertised in a newspaper of general circulation one
time in advance of the public hearing, stating tating the date,time,place,and nature of the public hearing,
and the location where further information may be obtained regarding the subject matters to be
considered. Advertisements shall coMply comply with the ublic notice re uirements required by
a licable Florida Statutes and law.
(2) Proposed ordinances or resolutions and notice shall be placed at city hall for public
review in advance of each public hearing_
(3) At the public hearing, the city_attomey shall read any ordinance or resolution by
title or in full,as require_d by general law or city charter, for the public record, and provide general
background to the item along with city staff.
4 Members of the public speaking on ublic hearing items though entitled to be
heard by the city commission, are not entitled to an immediate response by either administrative
staff members or city commission members once the public hearing is closed however,
commission discussion may or may not include a response. No question by the public should be
addressed directly to o any member of the administrative staff.
5 Public comment by individual speakers from the audience on public hearin
agenda items shall be limited to three 3 minutes. Representatives of reggzqizgd gqp2s shall be
limited to five 5 minutes, and total comments on a sin le issue shall be limited to thirty (30
minutes. Applicants shall be limited to ten 10 minutes. The city commission may ant
additional time by consensus, or majority vote, of the City Commission if the complexity of the
relevant issues addressed during the public hearing require additional public debate. The city
commission by consensus or majority vote also reserves the-right to reduce the time limits to
speak if the hour of the commission meeting is late or a large number of s eakers desire to speak.
Only one 1 resentation per persgg er issue shall be allowed.
City of Winter Springs
Ordinance No.2016.09
Page 8 of 21
G Speakers shall be limited to speak on the subject matter of the pqblic hearing item.
The presentation of re etitious questions or information concerning the ublic hearin item shall
not be permitted.
(i) Public Comments on Propositions Not on the Agenda.. If a proposition is considered
by the city commission at a meeting which is not listed on the agenda, and consideration shall
constitute final official city commission action then the ma or will offer the public an opportunity
to speak to that item before the decision is made. However, if final official cit commission
action on the vroposition will occur at a subsequent city commission meeting,the ma or will offer
the public an opportunity to speak to that item at the meeting at which the city commission takes
final official action on the proposition subject to the applicable provisions of the city code. Under
this section, the term "proposition" does not include ministerial, emergency and quasi-judicial
matters as those terms are generally defined in subsection(h)(1)c. of this section.
(k) Sneaker Cards. The city clerk will create and maintain a short form, subject to the
city commission's approval, for an individual to use in order to infon-n the city commission of a
desire to be heard during delegations and public hearing items-, to indicate his or her support,
Opposition, or neutrality on an agenda item or proposition before_the city commission for
consideration; and to indicate his or her designation of a representative to speak for him or her or
his or her group on an agenda item or proposition before the city commission if he or she so
chooses. The form will also contain the individual's contact information for 12gr oses of
demonstrating compliance with the commission rules and procedures and following up on matters
to the extent the city believes follow-M is necessa . Forms must be completed by the individual
at the meeting and submitted to the city clerk who will rovide them to the mayor or the presiding
city commissioner for consideration and handling during the meeting. A person submitting a form
is not required to speak, but may request on the form that the mayor or the presiding_city
commissioner briefly note for the record their_support or_opposition for an agenda item or
proposition before the city commission.
1 Appeals,-.Preservation o a Record. It shall be the responsibility of any person deciding
to appeal any decision made by the city commission with respect to any matter considered to
reserve the record including but not limited to a verbatim record of the p roceedin s and
testimony.and evidence ul2on which any such a eal is to be based. In the event that such person
prepares or has DrMared a verbatim transcript-of the p roceedin b a court re orter the person
shall be re uired to-provide a courtesy c2ny of the transSri t to theSity clerk for u oses of
maintaining public records and_any-future appeal.
m Cam ai n-Free Zone. The city commission chamber is hereby declared a cam ai -free
zone and visible campaign materials and speeches shall be prohibited in the chamber during it
commission meetings. Standard size (approximately 2 inches by 4 inches) candidate name
badges are permitted and shall not be considered campaigning under this subsection.
City of Winter Springs
Ordinance No.2016-09
Page 9 of 21
(n) Placards, Si-s, Posters, Flags and Banners. Due to the limited size and function
of the city commission chambers and city hall lobby,and for the safety and protection of the public
attending commission meetings, the public is prohibited from bringing placards, si ns, posters,
flags and banners for public display within the chamber and lobby during_city commission
meetings,., unless a placard, sign, poster, flag or banner is authorized in advance by the city
manager or city commission to be ceremonially presented to the city commission as j2art of an
agenda item. However, in such instances the Rlacard, sign, oster, flag or banner shall be
properly stored and set aside until the ceremonial presentation in order to avoid disrupting the
meeting,,,impeding the public's attendance, or injuring the public in attendance.
o Enforcement; Order o Removal. The mayor or the presiding city commissioner shall
enforce the rules adopted by the-city commission. Any person in violation of any of the rules
shall first be given a warning of the violation. Any subse uent violations shall be cause for
removal from the chambers-by, the police chief or his designee for the remainder of the cit
commission meeting by order of the mayor, Lhe_presiding city commissioner or qjnajqrity of the
city commission.Notwithstanding,the ma or the presidingsity commissioner or a2lgority of the
city commission may order the immediate removal of any.person from the city_commission
chambers that poses a threat to property or life safety_
See. 2-29 Additional Rules of Conduct. The mayor and city commissioners shall adhere to
the following additional rules of conduct:
a The proper statutory and city charter role of a ma or and cit commissioner as with an
elected member of a legislative body, is to act collectiv2ly, not individual) to set and/or revise
and/or to 4pply the city's govem g policies and that the qfty mang er and staff administer such
policies.
The ma or and city commissioners individually, do not manage the affairs of the city. The
mayor and city commissioners will not intrude into daily aerations orspheres of res onsibilit
designated by Florida Statutes e4y code and city charter to the city mana er as the chief executive
officer; or undermine the city manager's lawful_authority. The city manager is responsible for
administering_the policy direction established by a majority vote of the city commission and not
the policy wishes of the mayor or one individual city commissioner.
(c) The mayor and city commissioners represent the interests of the entire city when making
decisions and will rely upon available facts and their respective inde enp dent judgment. In their
official capacity as an elected representative of the city, the mayor and city commissioners will
avoid conflicts of interest and avoid using their official position for personal, professional, or
artisan gain.
(d) The mayor,and city commissioners will demonstrate dignity, respect, and courtesy toward
those whom thpy are in contact with in their official capacity as either the ma or or cit
commissioner. The mayor and_qLty commissioners will refrain from intimidation and ridicule of
City of Winter Springs
Ordinance No.2016-09
Page 10 of 21
the mayor, fellow commissioners city manager, gLty attomgy, staff, citizens of the city,and cit
utility customers.
(e) The mayor and city commissioners,in their official_capacity as an elected renresent_ative of
the city, will refrain from inappropriate language including statements that are malicious,
threatening, slanderous, disparaging, mean-spirited vulgar or abusive. All disagreements,
concems or criticisms shall be framed in language that is in keeping with the dignity and
professionalism of an elected official and the honor of serving as an elected representative of the
city.
(D The moor and city commissioners will focus on solving_problems, and in doing so will
maintain a ro riate decorum and professional demeanor in the conduct of city business and work
co2perativglKand-conscientiously with others as they respectively request or receive information
examine data or weigh alternatives in the decision-making rocess.
The-mayor and city commissioners will demonstrate patience and refrain from demanding,
interru five access to staff or immediate res ones or services when requesting information that
re uires significant staff time in research re aration or analysis or that will result in staff ne lect
of„urgent duties. Such requests will be made through the manager for scheduling_and
prioritizing through consensus of the cihcommission. The mayor and city commissioners will
work cooperatively with the city manager to establish reasonable parameters for such requests and
access.
The ma or and cit y commissioners will devote adequate time for reparation Rnor to city
commission meetings and as much as ossible the mayor and each member of the cit
commission will be in attendance at such meeting and all other scheduled events where their
official particij2ation is re uired.
i The ma or and city commissioners will respect diversity and encourage the Open
expression of diver pent ideas and opinions from the mayor and fellow city commissioners city
manager, city attomey, staff, citizens of Winter Springs, and city utility customers. They will
listen actively and objectively_to others'_concerns or constructive criticisms.
(i) _ The mayor and city commissioners will refrain from any individual action that could
compromise lawfully authorized decisions of the city or the integdty_of the city and the mayor and
fellow commissioners. The mayor and city commissioners will delineate clearly for any audience
whether they are actin or speaking as an individual citizen or in their res ective capacily capacity as a
representative of the city_
_.,. The mayor and city commissioners will maintain in confidence any yprivile eg_d or
confidential information_provided to them by the city and will not disclose such information
pubhcly or to any person who has not been duly authorized by the 61y to receive such information,
unless such disclosure is duly authorized by the 61y commission or city manager or required b
City of Winter Springs
Ordinance No.2016-09
Page 11 of 21
law. In addition the ma or and cit commission will refrain from co n an written rivile ed
or confidential documents provided to them_by the city_ and will _keep such documents in
safekeeping_ Further,_ upon leaving office-or-upon request by the city commission or city
manager, the mayor and city commissioners will return to the city any privileged or confidential
documents or materials provided to them by the city while serving on the city commission. For
purposes of this paraggph, privileged and confidential information is only information that is
deemed rivile ed or confidential and/or exempt from piLblic records disclosure by law. By way
of example, and without limiting the scope of the kinds of information that could be privileged or
confidential and/or exempt, the following information is e� nerally deemed privileged or
confidential and/or exem t from public disclosure: i information pertaining to security systems
for any property owned or leased by the city; (ii)risk assessment information to determine securit
threats to data, information and information technology resources of the cit (iii) attorney-client
work p1oduct related to pending or reasonably anticipated litigation or cily claims file iv city
commission transcripts of attorney-client litigation sessions until the conclusion of litigation; v
claims files regarding the city's risk management progam vi information concerning the plans,
intentions or interests of a Rdyate entity to located relocate or ex and its business activities within
the city if the rivate entity re uests such confidentiality in writing;
vii all work product
developed by the city in preparation for collective bargaining negotiations, and during
negotiations; (viii)trade secrets and proprietary business information contained in records held by
the city; ix certain ersonal identif ying and health information contained in records held by the
city when required by law x active criminal intelligence information and active criminal
investi ative information, xi any information revealing law enforcement surveillance
techniques or procedures or pgLsonnel or information-revealing the identity of a confidential
informant or confidential source. The ma or and city commissioners may contact the cit
mana gr or city-Aq9mey with any guestions on whether certain information falls within the sco e
of this paragraph.
(1) The mayor and city commissioners will abide by all laves of the State of Florida applicable
to their official conduct on the city commission, including but not limited to the Government in the
Sunshine Law,the Florida Public Records Law,the Florida Code of Ethics for Public Officers and
city rules and procedures and codes of conduct adopted by the city commission includigg,but not
limited to the rules and procedures and code of conduct expressed in this article.
(m) The mayor and city commissioners will promote constructive relations in a positive
climate with all city employees, city-attorney, and city contractors and consultants consistent with
their official role on the city commission, as a means to enhance the productivity and morale of the
city. The mayor and city commissioners will support the city manager's decision to errs looy the
most qualified persons for staff positions. The mayor and cif commission will recognize ze the
bona fide achievements of the city manager, staff, city attorney, city contractors and consultants,
business partners, and others sharing in, and striving to achieve, the city's mission and strategic
objectives.
n The mayor and city commissioners will enhance their knowledge and abilit y to contribute
value to the city as a member of the city commission by keeping abreast of issues and trends that
City of Winter Springs
Ordinance No. 2616-09
Page 12 of 21
could affect the city through reading, continuing education and training. The mayor and city
commissioners will study policies and issues affecting the he city, and will attend training programs if
required by the city or law. A continuing goal of the ma or and city commissioners will be to
improve their res ective erformance as a member of the city commission.
o The mayor and city commissioners will value and assist each other on the city commission
by exchanging ideas, concerns, and knowledge through__lawful means of communication.
Together, they will help build positive communily support for the city's mission and the policies
and strategic objectives established by the city commission.
The mayor and city commissioners will support and advocate for their respective beliefs
but will remain open to understanding the views of others. The mayor and city commissioners
reco ize that the each share in the reMonsibility for all.city decisions and will acc t the will of
duly authorized decisions of the city commission and city_electorate.
(q) The mayor and city commissioners understand_ that their first priority as a member of the
city commission will always be to look out for the best interests of the citizens of the city and the
public health, safety and welfare. The mayor and ci!y commissioners will seek to provide
appropriate leadershi that nurtures and motivates city citizens to be stakeholders in the affairs and
achievements of the city.
(r) The mayor and city commissioners will be accountable to the city commission for any
violations of the rules and procedures and rules of conduct established by the city commission
under this article.
See. 2-30 Quasi-Judicial Rules and Procedures of the City Commission. The city
commission recognizes that certain Agenda items presented to the city commission for a final
decision are considered by the courts as quasi-judicial in nature. Under a licable law,
quasi-judicial proceedings re uire the mayor and city commissioners to serve as a quasiJudicial
decision maker. The city commission must afford due process and comply with due process
requirements including, but not limited to, notice, a hearing before an impartial decision-maker,
and a right to a fair and orderly hearing process where applicants and interested parties are
afforded an opportunfty opportunity to be heard and resent evidence. The following rules and procedures are
not intended to be strictly applied, but rather are intended to serve as a ggide to assist the mayor
and city commission with conducting a quasi-judicial hearing in accordance with the requirements
of law:
a Cate oriel o Decisions — Quasi-judicial De aped Generally. For Pmmoses of
understanding the context of this section the 61Y commission will make a variety of different
types of decisions that the law classifies differently. For exam le some decisions are classified
legislative, executive/administrative or quasi-judicial in nature. The decision making rocess
employed by the city commission and scope of judicial review are markedly different for the
different classifications. Quasi-judicial matters_are_Agenda items that eg nerally require the city
City of Winter Springs
Ordinance No.2016-09
Page 13 of 21
commission to Apply a gencral rule of existin olic . Such a cnda items include but are not
limited to land use and other a lications such as rezonin s variances special exce tions
conditional uses special 12ennits, site and en 'neerin lans and subdivisions of land and
(b) Legislative and Executive/Administrative Decisions — Generally. This section is not
intended to be applicable when the city commission is exercising legislative and
executive/administrative decision making authority. For exam le and without the intention of
bein g a limitation on such decisions the Florida Supreme Court has held that comprehensive plan
amendments are considered a formulation of policy and therefore, are considered legislative
actions and not quasi-judicial in nature. The adoption of an ordinance or resolution by the city
commission that formulates policy is also considered a legislative action. The a roval of
contracts appointing gppointing of board members and the piqLchasing of good and services are
executive/administrative decisions.
c Fundamental Requirements. Quasi-judicial proceedings- shall coMply comply with the
minimum requirements of law. Interested parties shall at a minimum be permitted to be heard
resent evidence be re resented by counsel and cross examine witnesses. Decisions made_by
the city commission will be based on competent substantial evidence presented on the record at the
hearing and based upon the application of applicable criteria established by law.
d Competent Substantial Evidence. Competent substantial evidence has been generally
defined by the courts as such evidence as will establish a substantial basis of fact from which the
fact at issue can be reasonably inferred. It is such relevant evidence as a reasonable mind would
accept as adequate to support a conclusion.
e Burden o Proo . The applicant seeking approval of an a lication has the burden of
proving that the proposed application is consistent with the city's comprehensive plan and
complies with all of the applicable substantive criteria and procedural requirements of the city
code and other applicable provisions of law.
Ob'ectors- Par Intervenor A lications.
_ (i) Persons_objecting to an application must prove standing, which is the cornerstone
of their right to present any case against an application. Standing is s subject to applicable statutory
and case law. Typically, but not-in every case, the person seeking to prevent or overturn a
quasi-judicial decision must show special damages and an interest different in kind and degree
from that of the e�public's at large. The city commission reserves the right to contest any
erson's standin to ariici atc in a quasi-judicial hearing at any time through all appellate
proceedings even if the person was permitted to artici ate in the hearing.
(2) An affected party who believes that they have legal standing and can demonstrate
pe damages they have a special interest and may suffer special darna es different in kind and degree from
,..,,,,,,
that of the general public's at large, can file a party intervenor a lication with the cit y manager
City of Winter Springs
Ordinance No. 2016-09
Page 14 of 21
requesting Eqquesting to be formal l declared a party intervenor for purposes of presenting factual and expert
testimony and evidence at the quasi-judicial hearing. The a lication shall be filed at least seven
7 days prior to the scheduled quasi-judicial hearing and shall state with sI)ecificity the factual and
Ie al basis on which the party believes they have legal standinR, and a general list of witnesses and
evidence that the p art antici ates submittin to the cit commission. Failure to timely file a
party intervenor application shall be deemed a waiver of the opportunity to seek a_party intervenor
determination by the city commission. Applications timely filed will be reviewed for legal
sufficiency by the gfty attomey and resented to the city commission at the commencement of the
hearing for a determination. The gily commission may limit the number of party intervenors or
consolidate art intervenors for presentation purposes to avoid unnecessgH repetition and dgla
of the quasi-judicial hearing. If the city_commission_ rant_s party intervenor status to a party,the
party will be afforded time at the hearing to present the factual and expert testimony and evidence
in accordance with subsection(h)of this_section. Party intervenors may be sworn-in as witnesses
and shall be subject to cross-examination by other parties or party intervenors, and shall be
required to qualify expert witnesses, as_appropriate.
(g) Rules of Evidence. The strict rules of evidence shall not apply. However, the city
commission is required to make decisions on quasi-judicial a enda items based on testimony and
evidence that is actually resented on the record at the hearin . The followin&evidentiary rules
should be considered when the city commission receives testimony and evidence at the hearing_
(1) Lay Testimony. Citizen testimony isermissible and may constitute competent
substantial evidence so long as it is fact-based. Mere generalized statements of opposition are to
be disregarded. The polling of citizens to determine who is "for" or "against" an agenda item is
not competent substantial evidence and should not be permitted at the hearing.
2 Records Ma s and Reports. Maps, dig
gr
ams re orts and other official records
may be competent substantial evidence in themselves including, but not limited to all official
records of the city of Winter Springs_and any other local, state, federal government agencies.
(3) Expert Testimony. The opinions and recommendations of professional city staff
members including, but not limited to city lannin and zoning staff, the city engineer, law
enforcement and fire personnel, and other gualified staff members may constitute competent
substantial evidence provided such o inions and reconunendations are related to the ci!Y staff
erson's rofessional expertise and qualifications. Theopinions of other duly qualified
professionals and experts of a licants and objectors may also be similarly considered com etent
substantial evidence.
4 Hearsay evidence. Hearsa y evidence may be admissible pLqvided it is used to
support other com etent substantial evidence presented in the record before the city commission.
(h) Presentation of Evidence. Unless otherwise_ required by the city _commission or as
permissible in subsection (h)(13) below,-the following order of presentation will generally occur
City of Winter Springs
Ordinance No. 2016-04
Page 15 of 21
9A agenda items that are subject_to__a guasi-judicial hearing:
(1) The mayor will briefly introduce the item (approx. 3 minutes).
(2) The city attorney shall read any ordinance considered by title or in full pursuant to
the requirements of the city charter for the public record resent vq]fty intervenor applications
timely received for the city commission's determination and provide general back ound to the
agenda item to the extent necessary_(approx. 5 minutes).
3 The city administrative staff and any staff consultants shall present a summgly of
the a lication and agenda item and its findings, opinions or recommendation on that a lication
(approx. 10 minutes).
4 The applicant and any factual and expert witness es will pLqvide testimony and
evidence on the application and matter being considered maximum 15 minutes .
(5) Any party_intervenors and_any factual and expert witness(es) will provide testimony
and evidence on the application and matter being considered (maximum of 10 minutes).
6 To the extent that the item is a public hearing,the mayor shall oven the public hearin
and invite any person in attendance to speak to the issue and to present_py factual or expert
testimony if an relevant to the matter being considered maximum 3 minutes per person or 5
minutes per representative of reco zed ou s . If the matter is not a public hearing item
objectors not ganted party-intervenor status proponents and the general public will be joermitted
to speak to the issue and to resent any factual or expert testimony relevant to the matter bein
considered maximum 3 minutes per person or 5 minutes per representative of recogjized ou s .
7 Cross-examination of adverse witnesses by the a licant and an art intervenors
shall be permitted during testimony to the extent requested and necessary in furtherance of due
process requirements (maximum 5_minutes per witness_).
(8) At the close of the evidentiary presentation, the applicant and staff will be afforded
the opportunity to rebut any testimony and evidence. (maximum 5 minutes eachL.
(9) At the conclusion of the rebuttal, the Ma Mr r shall close the evidentiary portion of
the hearing and the city commission shall deliberate and make a final decision on the agenda item.
To the extent deemed necessary by the city,commission, at its discretion,the city commission may
reopen the evidentiary_portion of the hearing if the mayor and city commissioners have additional
evidentiary inquiries of the applicant,staff or any party intervenor.
10 AU documentation presented to the city commission in support of or in o osition
to an application and agenda item shall be offered into the record at the hearingby submitting-
copy or co Ries of same to the city clerk. The 61y clerk shall kee p one copy of the documents as
City of Winter Springs
Ordinance No. 2016-09
Page 16 of 21
part of the record of the-proceeding. It shall be the responsibility of the party offering the evidence
to make sure that it is received by the city clerk as part of the record, and that extra copies be
presented to the may and city commissioners as deemed necessary or requested by the city
commission.
11 The agenda item and any staff rg ort resented on any Application and all
ap,plicable city codes and ordinances and state and federal law shall be deemed part of the record in
all applications considered by the city commission.
12 If an a licant art intervenor or objector anticipates-oresenfing, for the hearing
record a detailed written report as evidence the a licant art intervenor, or objector ma
submit the report to the city clerk in advance of the hearin and the rg ort will be distributed to the
mayor, city commission city staff and any other interested erson rgquesting requesting the same prior to
hearing to the extent feasible so the mayor and city commission and interested ersons may
examine the re ort Lnor to the hearing. Applicants, art intervenors and objectors shall not
submit such reports or any other evidenti information directly to the ma or and city
commission prior to the hearing.
13 The cit y commission recognizes that in limited cases a full-blown quasi-judicial
hearing may not be needed in order to ensure due process is satisfied before the cit commission
takes final action on an application. Such limited cases ma occur when: i a specific application
does not r uire a public hearing; (ii)the application is deemed complete and supported by a cit
staff recommendation in favor of a roval in accordance with a licable requirements, (iii) the
applicant concurs with the city staff recommendation; and_fiv) no party_intervenor or interested
oarty has appeared at the city commission meeting to contest_or seriously-question the application
and the recommendation and competent substantial evidence contained in the -city staff
recommendation. In such cases the city commission m4y, dispense with the evidentiga
presentation formalities set forth in this subsection h consider the matter informally at its
discretion and rely on the cit y staff recommendation as uncontested and unrebutted compete
substantial evidence and take final action in a manner deemed qppropriate by the city commission
to conduct orderly and efficient city business.
(14) The city commission may modify the time limits specified in this subsection(h)on
its own motion or consensus or noon request of a party to the proceeding. A request for a
modification of time should be considered by the city commission to assure all parties have an
opportunity, t�icipate without undue repetition and delay in furtherance of affording due
rop cess.
i Swearin -In o Witnesses. Persons resentin evidence and ex ert testiman may be
required to take an oath and be sworn by the city attomey, collectively or individuallL in
substantially the following manner.
I_(state witness name) swear or affirm to tell
City of Winter Springs
Ordinance No. 2016-09
Page 17 of 21
the truth the full truth and nothing but the truth.
Mm artial Decision Maker Voting Conflicts. The ma or and city commissioners
sitting in a quasi-judicial eqpacity,will each endeavor to act in an im artial and unbiased manner
when it considers quasi-judicial agenda items. _The city commission will base its final decision on
such agenda items based upon the weight and credibility of competent substantial evidence, both
direct and circumstantial that is presented in the record at the quasi-judicial proceeding before the
cit y commission. The mayor and city commissioners are each pennitted to make deductions and
reach conclusions which reason and common sense lead them to make in furtherance of legitimate
government purposes that are in the city's best interests Decisions of the city commission are
made as a collective body, by majority vote, on a case-by-case basis. The mayor and city
commissioners are not expected to testify at the proceeding and are not expected to engage in
independent fact finding outside of the proceeding. The city commission may consider the
advice of the city manager, city staff and city attorney in their respective official capacities. To
the extent that the ma or or any city commissioner believes that they have a voting conflict of
interest on any agenda item under section 112.3143 Florida Statutes or other a licable law, the
ma or or cit commissioner with the conflict shall declare a voting conflict and recuse themselves
from participating in the proceeding, abstain from votiM upon the agenda item and file the
applicable voting conflict form. In addition,_pursuant to section 286.012, Florida Statutes, the
mayor or any city commissioner may abstain from voting on n a quasi-judicial agenda item if the
abstention is to assure a fair proceeding free from potential bias or prejudice.
k Ex Parte Communications. The ma or and city commissioners will neither knowingly
initiate nor consider ex parte communications not disclosed on the record concerning the merits of
any quasi-judicial application that is currently pending before the city commission or that the
ma or or city commissioners knows or reasonably expects will be filed with the city commission
within 180 days after the date of any such communication. To the extent feasible and practicable,
the mayor or city commissioners should avoid exparte communications concerning the merits of
any such a lication. Applicants,Party Intervenors and any other non-city staff persons desirin
to discuss the merits of such Applications or to provide written documents that would be
considered ex parte communications should be directed to contact the city manager or his or her
desigLiec responsible for procgsin the a lication. The city manager or his or her desi ee will
be responsible for handliny, the discussion or written communication in a manner deemed
appropriate. The city manager_ or his or desigLiee will be responsible for scheduling and
conducting, all meetings, and handlin g all official communications between the city and its
officials and employees) and Applicants and_Party Intervenors.
1 Pursuant to Section 286.0115 Florida Statutes if the mayor-or any city
commissioner receives ex=e communications regarding any Application,the mayor or any city
commissioner must publicly disclose such communications before or during the hearing at which a
_vote is taken on the quasi-judicial matter, so that persons who have opinions contrary to those
expressed in the ex parte communications are given a reasonable opportunity to refute or respond
to the communications Specifically, all written communications received and all written
City of Winter Springs
Ordinance No.2016-09
Page 18 of 21
responses to such communications will be placed on the record at the hearing, and the substance of
all oral communications received and all oral responses made will be placed on the record.
2 This subsection k is not intended to orphibit the ma or and-ci!y and-city commissioners
from making official in uiries of or obtaining advice from the city manager, city,staff and cit
attorney in their respective official capacities.
3 This subsection k is not intended to preclude the mayor and city commissioners
from communicatin with constituents and members of the public regKding regarding the ggneral existence
or status of any a lication nor reclude the mayor or an city commissioner from attendin
community or homeowner's association meetings which are generally open to cit residents and
constituents at which an a lication ma be discussed. In such circumstances the mayor and city
commissioners will_neither_ knowingly initiate nor participate in exparte communications
regarding the merits of any application.
(1) Continuance offfeariWs. By majority vote of the city commission,the city commission
may continue a quasi-judicial hearing on its own initiative or the request of city staff,the applicant
or my interested party with standing in order to allow additional time to ather additional relevant
evidence to be resented to the commission at a subsequent meeting,
(m) Written Orders of Final Decisions. Final decisions made by the city commission
regarding quasi-judicial applications and agenda items shall be made verbally y motion and roll
call majority vote,but in some cases shall also be memorialized in a separate writing as follows:
(1) Pursuant to section 166.033, Florida Statutes, when the city commission denies an
application for a development permit,as that term is defined in section 163.3164,Florida Statutes,
ei!y staff is directed to prep,are and send written notice to the a licant based on the city
commission's decision. The notice must include a citation to the a licable portions of an
ordinance, rule, statute_, or other legal authority on which the city commission based the denial of
the permit,_which may be contained in the agenda item presented by city staff. "Development
permit"includes any building yermit,�zoning permit, subdivision approval,rezoning,
special exception, variance or gny other official action of local government having the effect of
permitting the development of land' or
2 By majority vote of the city commission the city commission may direct the cit
attorney to prqpare a Proposed order, which will include finding s of fact and conclusions of law
for the commission to consider as final commission official action on a quasi-judicial matter. If
such direction is given to the city attomqL the hearing will be continued to another city
commission meeting at which the commission will consider ado tin the prop osed order as
resented or modified b commission. A co of the final order will be rovided to the applicant
and other interested-parties upon__request;or
(3) Pursuant to other requirements of law; or
City of Winter Springs
Ordinance No. 2016-09
Page 19 of 21
4 If notice is not required by subsections 1 2 or 3 above City staff M2y2royidc a
courtesy notice to the a licant of the city commission's final decision.
(n) Supplemental QuasL udicial Rules. To the extent_necessary,_the city_commission may
adopt or employ at a particular hearing supplemental guasi judicial rules of procedure which shall
apply to quasi-judicial matters consistent with the requirements of law.
(o) Advisory Hearing Officer. The_city commission__may, at_ its discretion, appoint an
independent, advisory hearing officer to conduct a-quasi-judicial hearing under this section for
purposes of recommending_a written order regarding any Lipplication. The written order will
contain recommended findings of fact and conclusions of law. The hearing officer shall be a
member of the Florida Bar in good standing_for five or more years, and must demonstrate
satisfactory knowledge of municipal law and quasi-judicial proceeding
Sec. 20-31 Savings Clause; Waiver of Rules and Procedures. This article II is
adopted for the sole benefit of the ma or and cit commission for numoses of conductin g orderly
and efficient meetings. No pgrson shall have an claim rigbt or rivile e whatsoever against the
city or any of its mayor, city commissioners, officials and employees by virtue of the provisions of
this article II. The failure of the mayor, city commissioners,city commission or any city official
and employe to abide by any of the rules and procedures contained under this article II shall not
have any adverse or negative effect on gny decision made by the city commission. It is the intent
and pyMoses of this section to provide that a violation of aLiy of the specific rules and procedures
set forth in this article shall not be in and of itself, a legal basis to bring any cause of action against
the city and its officials and goloyees or challenge or nullify an otherwise lawful action of the
City_Commission. This article II shall not be construed or intemreted as the city consenting to be
sued by any third party including, but not_limited_Io, any applicant, party intervenor, objector, or
M other person if compliance with the provisions of this article does not occur. The city
commission reserves the right to eUressly or impliedly waive the application of an provision of
this article in its discretion.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior
ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
Winter Springs City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and
like errors may be corrected and additions, alterations, and omissions, not affecting the
construction or meaning of this Ordinance and the City Code may be freely made.
Section 5, Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this ordinance is for any reason held invalid or unconstitutional by any court of
City of Winter Springs
Ordinance No. 2016-09
Page 20 of 21
competent jurisdiction,Whether for substantive,procedural,or any other reason, 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 ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately
upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the
City Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 1 0th day of October, 2016.
CHARL S LACEY, ay
ATTEST:
ft !1a
A'NDI&A LORENZO-LUACES
City Clerk
APPROVED AS TO LEGAL FORM AND SUFFICIENCY
FOR TH CITY OF WINTER SPRINGS ONLY.
ANTHONY A. GARGANESE
City Attorney
First Reading: September 26, 2016
Legal Ad Published: September 29, 2016
Effective Date: October 10, 2016
City of Winter Springs
Ordinance No.2016-09
Page 21 of 21