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HomeMy WebLinkAbout01-00-2006 Uniform Rules of Proceedure for Appointed Boards and Committees of WSUNIFORM RULES OF PROCEDURE FOR APPOINTED BOARDS AND COMMITTEES OF THE CITY OF WINTER SPRINGS January 2006 Pri.g)ated By !---QLO-12;LLL1 A, A majority o.) f Illembers shall Constitute a quoruirl 1j)r ally nicuting of a public board. If a quorum is not present at the appointed hoar of the mecting, the members present llljjy: 1. Reschedule the meeting; or 2, Recess to determine if a quor-un, will be pr",cllt within a short period of tinle; or 3. Adjourn the rneethqg. If in tile Process of niecting, it is determined that I quor-urn is not present, all business steal l automatically stop. 'I'lle board may: Reschedule the meeting; or 2. Recess to detentline if a quor-urn will be present within a short period of titllcor 1 Adjourn the niecting. T'he nallies ot'thOsc Ilellbers present anti their dc(,isioll shall be recorded in the Minuto.,.-'. stating a quorum was not present and the time , ille set for another inveting. t G ER 1- A, The presiding officer of each b0did shall be the cli,lirp 'er-Soll, %kh') Shall b0 CICCICd iji accordance with the City Codc- In addition to tile duties prescribed ill tile city code, the: Chairperson shall PF"';el-VU strict order and decOrt'll, at all meetingsoftlic board, The chairperson sha 11 state every question coil I It 10 before the board oil all subjects and decide all question:; of order; subject, however, to all aPPe,'ll to tile entire board, in which event a Inajor,ty vote of the board shall goven, and cOnc luSi vely determ i tic said question of order. "File chairperson shall be the; official sigiiatory Cily of veinier Springs Uniform Flutes ot'PI<)COdurc for Appointed Miardi an,J Parse I of I I tor arty requisite doclinle,11ts related . tc> actions of the In the event the chairperson is absent, all chilies of the presiding officer shall be vested i n the vice -chairperson, who shall be elected in accordance with the. City Code. In tile event tile chairperson and vice -chairperson are absent, all the. duties of tile P().Siti(ll-1 0 1 presiding officer shall be vested in the senior Dlcllll)cl- cif the board. be the board member with tile longest continued service to that board. fit the eNent ol,equal continued service, the presiding officer shall be determined by majority vote ol'the board. 1LI j LALLL(? 01111)1->,g A. "file chairpers(),,j ()i,tlle board, or in the chairfierson's absence, tile vic, ,c-ellairperson, shall takc the chair at they hour appointed fin' the meeting, or %� ithill a reasortable time after ti-Ic 110,jr, and shall in),nedialely tjjcrea.fjer call tile boarol to Order, 1,11 the absence of the, chairperson and Vice -chairperson, the Seltior member of'the board shall call the board to order. in the absence of'the chairperson, tile nleetinu is called tc> order by tile vice-chairpersor, Of- the Senior board member, such interim presiding officer shall immediately relinquish fit,:, chair upon the Conclusion of the business illimediately before the board upon the chairperson's arrival. Similarly, if, in the absence of the chairperson and the vice - chairperson, the meeting is called to order by the senior board member, such senior board Member shall immediately relinquish the chair upon the conclusion of, the immediately before the board upon tile arrival of'the chairpersoll or vice-cilaill)er,so 1). 1:sx"Pi it' the case of an emergency, boar(] Inernbers ;shall I'llbrill the cityclerk or city lilanager of a pen(jing absence from a board. City of Winter 1J"1()rl1l RUIO 4Pl'OccdUre for Appolalle,j 13,1aroL and Page 2 of 11 1Y. VQ*r N, f-. A, All votes shall be taken by reciuest n9 t"'c in favor to saty aye*' and those opposed to say B. A tie vote shall cause the. 'notion to be defeated. C. The presiding officer shall announce the results of each'natter that is decided by the boarcl. Once the: presiding officer has announced the decision of the board, no member shall he pennitted to change his or her vote as recorded unless the board determines the matter should be reconsidered in accordance with .Article 4'll(l..-l}. A. Board members shall vote on each Mcasitre before the board unless a voting conflict exists. B. No board rmembcr shall partaciprttce ill any matter in which that 'board member has a voting conflict. For ptirposes of thij Article, the tenn "participate" means any attelrrpt to influence the decision by oral or written eornmcntication, whether mad.c, by the board member or at the board tnernbcr's direction. C. Votin conflicts are strictly governed by Florida law. See 4 112.3143. Fla. Stat. L)• A board rnembor May not abstain fioni voting baseclon a voting conflict unless one or moTc of'tile fallowing are true: 'Fire measure before the board would affect the board members, special prtvatc gain or loss; or 'lie board members knows that ttte Measure before the board would afi rct the special private gain or loss of a principle, parent organisation, or sttbsidiary by which the Cap of Wirusr Spria t,'niform Rules of pp.scedure frir Appointed Boards arid C;-mmiuttecss Page 3oftt board member is retained; or . fhcboard Inetrtl)ersk:nowsIjritilieIT, c:asItrebeforethe bm.irelwouddaffect thespec ial private: grin or loss of a relative or business associate of'tite board rirember. l=. A "special Private gain or loss" shill not be remote and speculative, but shall involve cleariv detirred, tanrtiblc economic interests. A special Private gain or loss is almost always, i f not I it financial interest oi'the board member that is directly c^rihanced by the vote. in €luestiun_ George v. City of'Cw'ocua, 78 1`.3d 494 (1 i th Cir. I99f,). A "relative." includes :uty hither, rnoiller, son, daughter, husbxurd, wife, brother, sister, fiitlrer- iu-daw. urother in-law, son-ire-lawv, or daughter- in-lacv. G, Should a tioting conflict exist, the board member shall, Prior to the meeting, kile a lvrit[en sere ruoracrelunr (Florida C'onrmission oil l: ilrics l�oirn S14) with tile, city clerk or r"ordill" secretary discl€>sirrg the nature of tile conflict. `fire f0tms may be obtained krona tilt t: itv Clerk's office. The niernr'anlirin shall he>conre a public record and shall be inorperrated iiyi the:. tnintites. 'File ilremorandunr shall be provided to tine other board rnertibers and shall be read publicly at the irext meeting held stibsctlucnt to the filing of the rnernor<itrciuni, lrr the event disclosure is not made prior to the rrrecting or that airy, cofillict is unkkn"n Prior to the meeting, tee lisclostire shall be n�iade orally atthe. rrtecting "Peer it becotucs kawvil that a conflict exists. ,y written InctnorandtIll, as mentioned ahoy,, shall Ile filed µithin 15 da\?s -Ifier the oral disclosure. hurthe:r, tilernnior•andom sh�jil be pr€n°id.ed to tee other board morribers and shall be read publicdp at the neat nee; eting held subseduerlt to rite filixig of glee memorandurn. City ar Winter Springs t �njfor n Rules G'f4'r0ccdtcre for Atltrou;ted Boards .till C;i:miriurrcrs Page 1 of t 1 I - -11's o 1; p F, Rivir Fite presidilly, officer shah have the righta c 10 Vote, spe k, make motions, and Suomi motions 'without relinquishing the chair, 13. In the even[ two (2) or snore persons wish to he recognized, the order ofrecognitioll ,,hall be: I . Board members 2. City staff including city attorney) 3. All other persons, C. A men-iber, once rec()gT)ized, sh all hall not be itItClTilpted when speaking unless it is to call such member to order, Ifa member, while speaking, is called to order, Such member shall cease speaking until the. question or order is determined, and if in order, such nicyllber shall he Permitted to proceed, All di.scilsjorls sh,111 he made throLl, _41 tile jlalr, It, discussion, the remarks made by the board members shall be confined to the motion or matter immediately before the board, In discussion, a member may condemn the jj,3ttjj,e Or likely conse(lLicilees ofa proposed measure ill strong terms, but shall avoid attacking the motives of another member, Personal attacks are strictly prohibited. !J1--1NY ONS A. MWIN A main motion shall be a motion whose introduction busine, brings i ss before the board. Asecond isrequired, Asecoiidil",'(Iel)Yany' iiicjiibersteal fimply that the member wishes the matter to be discussed, but it (foes not necessarilymean that the tilenther is for or against tile motion. A main motion require,,'), approval by a majority vote, unless City of Winter sprjjjg<' Uniform Rules of J)r()"<turC lbrAppointed f3cmtdk , axis! Nwe 5 oft I 01heilvise provided by higher lim, or unless (:)t1jervise provided herein. B. ION to Ij�lve thenl,,lin Motion mneudcd in m, A. meniber may seek e of the ft)llowing two (2) ways: 1. BY CONSENTOFTIJE MEMBERS. If the presiding officer requests to amend the retain motion and receives no objections to the'proposed amendment, tile main motion will stand as amended, No new second is required. If there is an Objection, from any board member, a second to tile amendment shall be required and a vote taken. There may be discussion to the arrien(lineill at that time and a majority vote shall be required to pass the amendment, 2. BY FOICNIAL MOTION TO AMEND. If as board member makes as fornul 111k)[i011 to 11111elld the main motion, a second shall be required and discussion shall f(Ahm'on the aniendinent. Fail alrlelldrllent Passes, the main motior, sljlj be the motion as amended. [I'the motion to amend fails, the motion shall be file motion as it was before the amendment was pi"ented. All alllLT)dnlCntS shall be germane to the Main motion. No more than two (2) amendments shall be pending on any main Motion, If tile. board fouls that adequate information has not been provided regarding Cettilin business bein- considered by the board, a board n-lember may. I MOvC to refer the subject rnatter to a certain person or persons, committee, or board for more inforination. A time certain may be inClUded in file motion or it may be open-ended. A motion to refer is Only debatable as to whether or not such 1110ti011 should be referr,,d, A City of hinter Sprillf"S Unifcmri RmIrs of Procedare tor Appointed Boards and Page 6 of I I Motion to refer requires asecond and approval by a majority ty G-ote., 11,11le motion to ref4 i fails, the motion shall be the motion or, the floor prior to the Inotion to refer. Flat 1!Q I PONE-1fJAMMEUIJUMNI A motion to j postpone to a til1le certain maybe used ifthe board fi:cls that the motion before its 1(, 1 be considered at a later time ordate, Such motion shall not be used to postpone the board's consideration ot*a matter hid'firu'Oy, he postponed, and if so, the length ol'such Postponement, A motion to POStpOtIC I-CLILlires a Second and approval by majority vote. if the motion to Postpone fail.:;,, the motion sliall be the motion on the floor prior to the Inotion to postpone. A motion to table should be used if the board desires to set aside the pending question (motion or matter befIcire the board) in order to address other unruediate business beffire the board, The [notion is out of order if the intent is to kill or avoid cleating with a question. It should be rarely used except in inslallces where the* homd rIlLi-st(li'ipc,)Seofm(,)rctjrgeritillatters, The board member in A ing the motion should express the reason for tabling the question. A rwtiOrl to table shall require second and approval by ma.lority vote, Such motion is not amendable or debatable except as to whether or notSLIC.11 motion should be tabled. Once table(], a ink:)tjoll to remove from the table is required to consider the tabled question. A motion to remove requires a second and a majority NOtc. WlIctiremoved from the table, the question iscon-sidered bythe; hoard exactly asit,-Iieti it was laid on the table. If a tabled question is net taken fi-orn the table by the end of the next nee ti ng, the question dies. City Of Wortley Spritigs Unifoorm Rules of Procecitore for Appointed Boards anti. Pape 7 of I I F G H. I U , Ifa board ill ember feels t1W t a set period of time for discussion ot'a motion should be firnited, the member may move to `"limit disc, ussion, Such motion isnot debatable, but does require a second. A super -majority vote of two-thirds (2/3) ofthe board shall be required to pass a motion to Limit discussion, C-ALL.T.111 F.I-QU-1— A board me niber may "call the question" when such rpoluber believes that further discussion is unnecessary. No discussiorl may be allowed. Ifther.: is an Objection to calling the question, a super -majority vote of two-thirds (2/3) of the hojr(I shall be required to call the question. G R. If, in tile sarne Ineetin , new infornIztioll or chain IL ck I circumstances make it appear that a different result might reflect the will of the: board, it member may Move to reconsider the vote. A motion to reconsider may be applied to a vote that' at:; citiler;if'finiiativeoI,Ilc",,Itive and shall propose no specific change in a dcvision, but simply propose that tile motion be reopened for discussion and re -vote. A motion to reconsider may only be niade by it member on the pr"'ailing side of the original motion. Discussion on a motion to reconsider shall he limited to whether or not the hoard's prior action should be reconsidered. A motion to reconsider requires a second and approval by 1114jority vote, LAYAPIO—PUEAD AfaUNN'. If a INMI member wishes to rescind and/or amend an action taken at a previous meeting. a motion to rescind/motion to amend previously adopted action stay be used, I)iscu.ssio,ic)fsuch motion shall be limited to whether or not the board should rescind or amend its prior action. A City (if Winter Sjlmiga Unift�rm RUIC5 of Procedme for Appointed Boards and CoxnrrjiUCL!s Page S (It' I I motion to re'scin(L'Irlotion to amend previously adopted actiot, shall require a second and approval by a majority vote. Stich motion shall he out of order if action has been taken as " result of the prior board vote (sr due proe"s requires additional notice and an opportunity to be heard by the applicant or the public. Y.M. INCIDE, N'rAj,_Njoj:jqNS A, flQLkT.QF.!Q4-DER. A board member may eitll fora point of` order if such ntetrtbcr believes that the presiding officer has failed to notice a breach in the rules. The presiding, officer shall make a ruling on the point of Larder raised, li'abotrdiiieiviberbeljcvcsthat t.lic presiding officer has improperly ruled on that point of order, the member may appeal the presiding officer's decision to the entire board, Such appeal rcqUirCS ;j alicl is debatable after the presiding, officer has been given the opportlillit), to expllirl the Tulin z. A tic VOte shall sustain the decision of the presiding officer. I:j IN UILON TO L Ifa motion presented contains OvNo (2) or more parts capahte of standing as separate questions, it board member may move to the 11,01io,- DiSCLISSion on a motion to divide should be Innited as to why the prior motion tion should bo� divided. A Motion to divide requires a second and approval by majority vote. If,,Ipproved, the original motion stands divided and a separate vote is required to approve each part of the. divided original motion. 'NIO. , LIP 'N_T1.0 N " Crocemotion has been movcd and seconded, it belongs to the entire board and not to the maker of the. motion. Therefore, a bow-d member Tray Only have his or her motion withdrawn as set forth herein, "file board member may City of winter Sp trigs I Im Corm Rides of !6r App6mcd f'3mrojs and (.'ow In uttee's Pay'C 9 of I I add ",e tile presiding office,- that such member wishes to have the Inotion wvitjldraAA,rl. 'Tile presiding officer shall ask the board if there are any objection.' to the Motion being withdrawn, Ifthereare n(,,)ob - iectiorls, the 'notion shall be withdrawn. (A Seconder does riot need to withdraw the second tothe tnotion) if there is an o}>ject on to the w ithdraw,d of the 'notion, then an official vote shall betaken or incillbermay rnove to withdraw the motion. Briet'disctissioll on the desire to withdraw the motion shall be permitted. If tile motion to withdraw is approved by inajority vote, the prior motion shall be withdrawn, if the jjjj)tiOjI to kvithdI-3W falls, the prior motion shall remain oil the floor, once ,, Illotion is %N itild la wl I either by general consent or by vote, Stich motion slial I be, struck front the record and silill mA bc recorded it, the official minutes. A 'notion to adjourn is not debatable except to the extell, that such motion shall contain a thole to hear any non -completed itell IsOn tile ag ,enda. A motion to adjourn requires res ,I second and approval by majority vote. Aj,Qj'j,(.LN—QL1 - Uj 1ytLK!UL Ifany matters occursuchas to irripede,,j board Inerriber not to he able to attend to the business bel'Ore (Ile board, i.e., c\cessi-,,e floll-fillIct) olling inicropliones,, uncomfortable roots' temperature, etc., such'board tricniber may state to the Presiding officer that lie or she has a 411csti011 Of'Privilege. Stich CiLICStion OfprivijQqle Shrill be addres.sed bcf'()I,c the )ending business ofthe huari.1 Continues. No vote is required unless a motion arises out of the question of privilege. ESE' US,5-- A recess may be taken as it appears on tile agenda, at the request of the presiding Officer i I'llicre are no objections, or by majority vote of tile board. A motion for C11Y of winter Springs t,'aiform Rules, Off'ro-dille fior Appointed (joastis ajj,j Conmutlees 11,q, e 10 of I I recess requires a second, arld is debatable. (:itx, ut'AIntcr ~putt, t +tuR�rm Rider: ul 11toc dure Cot rApl omwd H(xjitls and C;tuanutr"--, PaP'L I I of I I