HomeMy WebLinkAbout2023 01 23 Regular 505 - Discussion on Chapter 2, Article II, Sections 2-27; 2-28; and 2-29, City Code - Rules and Procedures of the City Commission • REGULAR AGENDA ITEM 505
,n m=ared CITY COMMISSION AGENDA I JANUARY 23, 2023 REGULAR MEETING
1959
TITLE
Discussion on Chapter 2, Article II, Sections 2-27; 2-28; and 2-29, City Code -
Rules and Procedures of the City Commission
SUMMARY
At the January 9, 2023 City Commission Meeting, Commissioner Cade Resnick
asked that the City Commission Rules and Procedures, as well as rules related
to addressing the Commission, be brought back for discussion and potential
changes.
The relevant section(s) of the City Code are attached to this item.
RECOMMENDATION
Staff recommends the Commission discuss and direct Staff to bring forth any
changes that are desired to the existing ordinances.
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ARTICLE II. - CITY COMMISSION
Sec. 2-26. - Recall of elected officials.
(a) Any elected public official may be recalled from office pursuant to the provisions herein set forth.
(b) F.S. § 100.361 is hereby incorporated in haec verba into this section and all provisions shall be
applicable to any public elected official of the city.
(Code 1974, § 2-3)
Cross reference— Elections, § 2-81 et seq.
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
subsection 4.13(b) of the City Charter 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 any way to limit the broad powers vested in the city commission under the City
Charter, article VIII, section 2(b) of the state constitution,the Florida Municipal Home Rule Powers
Act, and other applicable law.
(b) Agenda packets.The city manager shall have the authority to and be responsible for preparing
the city commission agenda for each city commission meeting.The mayor or any city
commissioner shall have the right to have a matter placed on the regular agenda for timely
consideration and action by the city commission. 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
mayor and each commissioner no later than Wednesday(preferably by 5:00 p.m.) prior to the
commission meeting; however, when absolutely necessary or in the event of an emergency, the
city manager 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 manager will arrange for such review or distribution in a manner deemed
appropriate to protect such exemption or confidentiality.
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(c) Approval of the agenda;new business section.
(1) 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 presented on the
approved agenda.
(2) Unless otherwise determined by the city commission, each regular agenda shall have a new
business section, in the order on the agenda approved by the city commission,which allows
the mayor, any city commissioner, city manager or city attorney an opportunity to raise, if
necessary, new issues not on the agenda that require discussion and potential future
direction by the city commission. The new business section shall not be used to present items
requiring prior public notice or hearing, for reports allowed under subsection (m), or be used
as a substitute for timely placing items on the agenda prior to the agenda packet being
distributed or as an add-on item as required by subsection (b). The city commission will not
take final action on any new business item that is considered a major initiative and/or
initiative that would ordinarily require significant city staff research. Persons introducing new
business items are encouraged to provide background information regarding the item prior
to or at the meeting in the same manner as permitted for reports under subsection (m)(4).
(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 of Order
may be suspended by a majority vote of the city commission. The city clerk shall be responsible
for maintaining at least two (2) 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.
(f) 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.
(g) Motions belong to commission. Motions shall only be permitted by members of the commission.
Motions, once made, and seconded, belong to the commission, not the individual making the
original motion. Motions which have been seconded may be withdrawn by consensus of the city
commission without a formal vote. Amendments to pending motions are not required to be
accepted by the maker of the pending motion.
(h)
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Parliamentary procedure.All motions shall be considered in accordance with the Chart 1, Ranking Order
and Chart II, motions in the "Parliamentary Procedure Basics for Governmental Bodies" (Third Edition,
Agenda Associates).The city clerk shall be responsible for maintaining at least two (2) copies of the chart on
the dais during all city commission meetings.
(i) Time limits on agenda items. 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.
Q) Call the question. Motions to "call the question" shall require a second and a minimum two-thirds
(2/)vote of the commission.
(k) Starting time of meetings. Regular city commission meetings shall be scheduled to commence at
6:30 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 of adjournment. Unless sooner adjourned by majority vote of the city commission, the
mayor shall adjourn the commission meeting at 8:30 p.m. However, by majority vote of the city
commission, a commission meeting may be extended beyond 8:30 p.m., but no later than 10:00
p.m., in time increments or to handle any specific agenda item(s). A super-majority vote of the city
commission shall be required to similarly extend a commission meeting beyond 10:00 p.m.
(m) Reports. In the order on the agenda approved by the city commission, each 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, important events of city
interest 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 or give direction on an
item. Such items should be placed elsewhere on the agenda for action or direction.
(2) The city manager, city attorney, and city clerk shall also be afforded a brief opportunity to
report on information and various matters requiring the city commission's awareness or
attention.
(3) 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.
(4)
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Reporting individuals may circulate, prior to the meeting, background 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 public disclosure by law, such information may be distributed directly to the mayor, city
commissioners, and city attorney to the extent necessary to protect such exemption or confidentiality. At
the meeting, the reporting individual can present or refer to the background information in support of their
report item.
(5) Reporting individuals may also present their report items in writing to be distributed at the
meeting.
(Ord. No. 2016-09, § 2, 10-10-16; Ord. No. 2018-08, § 2, 11-14-19; Ord. No. 2019-01, § 2, 11-28-19; Ord. No.
2021-04, § 2, 5-10-21)
Sec. 2-28. -Addressing the mayor and city 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 city commission of the name of the person,group, 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 representing a group 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.
(b) 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.
(d) Mayor enforce time limits. The mayor shall strongly enforce the directives of the city 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.g., cell phones, lap tops, tablets, cameras, and gaming devices), visual displays (e.g., lasers,
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holographical images, projections, and blinking, flashing or other light displays), and causing loud noises is
strictly prohibited. Cell phones or any other ringing device must be silenced or turned off during city
commission meetings.
(f) Certain remarks prohibited. Obscene or disparaging language, fighting words, or slanderous
remarks are strictly prohibited at the city commission meetings.
(g) Non-resident and/or non-taxpayer restriction. The city commission, by majority vote, may decline
to hear any person who is not a resident or taxpayer 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 representative for a person who would
otherwise be permitted to be heard on the subject matter before the city commission.
(h) Delegations. Public comment will be included on every city commission agenda under the
following conditions:
(1) At the beginning of each regular, special or workshop meeting at which the city commission
will take final official action on any proposition,the city commission will set aside up to thirty
(30) minutes of each regular, special or workshop meeting for"delegations" (aka limited
public forum) after call to order and any awards and presentations, immediately prior to
taking any final official action on any proposition. In addition, at its discretion,the city
commission may set aside up to an additional thirty(30) minutes of each regular, special or
workshop meeting for 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. Emergency items, meaning an official act that must be taken to deal with an emergency
situation affecting the public health, welfare, or safety, if compliance with F.S. § 286.0114,
would cause an unreasonable delay in the ability of the city commission to act;
b. Ministerial items, meaning an official act involving no more than a ministerial act,
including, but not limited to, approval of minutes and ceremonial proclamations.
Ministerial items also include motions or questions of parliamentary procedure that do
not result in a final official action of an item before the city commission;
c. Quasi-judicial items, generally meaning land 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.
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Public hearing items, where public 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
water system.
(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 city commission during delegations shall speak for no more than
three (3) minutes and a person representing a group 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 may request, upon consensus, or
proper motion and majority vote,that the speaker refer the matter to the city manager 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 persons to
speak on propositions on the agenda in accordance with limitations and requirements set
forth in F.S. § 286.0114, 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 appropriate to readdress quasi-judicial and public hearing items previously
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addressed by the city commission at the same meeting.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 genera/. The city commission shall hold a public hearing on agenda items to the
extent required by law including, but not limited to, items related to the adoption of ordinances,
adoption of the annual millage and budget, and other agenda items required by law. The
following are intended to be general guidelines for such hearings:
(1) All public hearings shall be advertised in a newspaper of general circulation one (1)time in
advance of the public hearing, stating 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 with the public notice requirements required by
applicable 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 attorney shall read any ordinance or resolution by title or in full,
as required 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 public 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 any member of the administrative staff.
(5) Public comment by individual speakers from the audience on public hearing agenda items
shall be limited to three (3) minutes. Representatives of recognized groups shall be limited to
five (5) minutes; and total comments on a single issue shall be limited to thirty(30) minutes.
Applicants shall be limited to ten (10) minutes. The city commission may grant 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 speakers desire to speak. Only
one (1) presentation per person per issue shall be allowed.
(6) Speakers shall be limited to speak on the subject matter of the public hearing item. The
presentation of repetitious questions or information concerning the public hearing item shall
not be permitted.
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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 mayor will offer the public an opportunity to speak to that item before the
decision is made. However, if final official city commission action on the proposition will occur at a
subsequent city commission meeting, the mayor 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) Speaker 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 inform 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 purposes of
demonstrating compliance with the commission rules and procedures and following up on
matters to the extent the city believes follow-up is necessary. Forms must be completed by the
individual at the meeting and submitted to the city clerk, who will provide 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 of 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 preserve the
record including, but not limited to, a verbatim record of the proceedings and testimony and
evidence upon which any such appeal is to be based. In the event that such person prepares or
has prepared a verbatim transcript of the proceeding by a court reporter, the person shall be
required to provide a courtesy copy of the transcript to the city clerk for purposes of maintaining
public records and any future appeal.
(m) Campaign-free zone. The city commission chamber is hereby declared a campaign-free zone and
visible campaign materials and speeches shall be prohibited in the chamber during city
commission meetings. Standard size (approximately 2 inches by 4 inches) candidate name badges
are permitted and shall not be considered campaigning under this subsection.
(n) Placards, signs, 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, signs, posters,
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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 part of an agenda item. However, in such instances, the
placard, sign, poster, 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 ofremovA 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 subsequent violations shall be cause for removal from the
chambers by the police chief or his designee for the remainder of the city commission meeting by
order of the mayor, the presiding city commissioner or a majority of the city commission.
Notwithstanding,the mayor, the presiding city commissioner or a majority 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.
(Ord. No. 2016-09, § 2, 10-10-16)
Sec. 2-29. -Additional rules of conduct.
The mayor and city commissioners shall adhere to the following additional rules of conduct:
(1) The proper statutory and City Charter role of a mayor and city commissioner, as with any
elected member of a legislative body, is to act collectively, not individually, to set and/or
revise and/or to apply the city's governing policies and that the city manager and staff
administer such policies.
(2) The mayor and city commissioners, individually, do not manage the affairs of the city. The
mayor and city commissioners will not intrude into daily operations or spheres of
responsibility designated by state statutes, City Code, and City Charter to the city manager 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 (1) individual city
commissioner.
(3) The mayor and city commissioners represent the interests of the entire city when making
decisions and will rely upon available facts and their respective independent 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 partisan gain.
(4)
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The mayor and city commissioners will demonstrate dignity, respect, and courtesy toward those whom
they are in contact with in their official capacity as either the mayor or city commissioner. The mayor and
city commissioners will refrain from intimidation and ridicule of the mayor, fellow commissioners, city
manager, city attorney, staff, citizens of the city, and city utility customers.
(5) The mayor and city commissioners, in their official capacity as an elected representative of
the city, will refrain from inappropriate language including statements that are malicious,
threatening, slanderous, disparaging, mean-spirited, vulgar or abusive.All disagreements,
concerns 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.
(6) The mayor and city commissioners will focus on solving problems, and in doing so will
maintain appropriate decorum and professional demeanor in the conduct of city business
and work cooperatively and conscientiously with others as they respectively request or
receive information, examine data or weigh alternatives in the decision-making process.
(7) The mayor and city commissioners will demonstrate patience and refrain from demanding,
interruptive access to staff or immediate responses or services when requesting information
that requires significant staff time in research, preparation or analysis or that will result in
staff neglect of urgent duties. Such requests will be made through the city manager for
scheduling and prioritizing through consensus of the city commission. The mayor and city
commissioners will work cooperatively with the city manager to establish reasonable
parameters for such requests and access.
(8) The mayor and city commissioners will devote adequate time for preparation prior to city
commission meetings and as much as possible, the mayor and each member of the city
commission will be in attendance at such meetings and all other scheduled events where
their official participation is required.
(9) The mayor and city commissioners will respect diversity and encourage the open expression
of divergent ideas and opinions from the mayor and fellow city commissioners, city manager,
city attorney, staff, citizens of Winter Springs, and city utility customers.They will listen
actively and objectively to others' concerns or constructive criticisms.
(10) The mayor and city commissioners will refrain from any individual action that could
compromise lawfully authorized decisions of the city or the integrity of the city and the mayor
and fellow commissioners. The mayor and city commissioners will delineate clearly for any
audience whether they are acting or speaking as an individual citizen or in their respective
capacity as a representative of the city.
(11)
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The mayor and city commissioners will maintain in confidence any privileged or confidential information
provided to them by the city and will not disclose such information publicly or to any person who has not
been duly authorized by the city to receive such information, unless such disclosure is duly authorized by
the city commission or city manager or required by law. In addition, the mayor and city commission will
refrain from copying any written privileged 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 paragraph, privileged and confidential information is only information that is deemed privileged or
confidential and/or exempt from public 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 generally deemed privileged or confidential and/or exempt from public disclosure: (i)
information pertaining to security systems for any property owned or leased by the city; (ii) risk assessment
information to determine security threats to data, information and information technology resources of the
city; (iii) attorney-client work product related to pending or reasonably anticipated litigation or city 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 program (vi) information concerning the plans, intentions,
or interests of a private entity to located, relocate or expand its business activities within the city if the
private entity requests 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 personal identifying and
health information contained in records held by the city when required by law; (x) active criminal
intelligence information and active criminal investigative information; and (xi) any information revealing law
enforcement surveillance techniques or procedures or personnel or information revealing the identity of a
confidential informant or confidential source. The mayor and city commissioners may contact the city
manager or city attorney with any questions on whether certain information falls within the scope of this
paragraph.
(12) The mayor and city commissioners will abide by all laws of the state 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 including, but not
limited to, the rules and procedures and code of conduct expressed in this article.
(13) 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
employ the most qualified persons for staff positions. The mayor and city commission will
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recognize 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.
(14) The mayor and city commissioners will enhance their knowledge and ability to contribute
value to the city as a member of the city commission by keeping abreast of issues and trends
that could affect the city through reading, continuing education and training. The mayor and
city commissioners will study policies and issues affecting the city, and will attend training
programs if required by the city or law.A continuing goal of the mayor and city
commissioners will be to improve their respective performance as a member of the city
commission.
(15) 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 community support for the city's mission and the
policies and strategic objectives established by the city commission.
(16) 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
recognize that they each share in the responsibility for all city decisions and will accept the
will of duly authorized decisions of the city commission and city electorate.
(17) 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 city commissioners will seek to provide
appropriate leadership that nurtures and motivates city citizens to be stakeholders in the
affairs and achievements of the city.
(18) 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.
(Ord. No. 2016-09, § 2, 10-10-16)
Sec. 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 applicable law, quasi-judicial
proceedings require the mayor and city commissioners to serve as a quasi-judicial 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 opportunity to be heard and present evidence. The
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following rules and procedures are not intended to be strictly applied, but rather are intended to serve as a
guide to assist the mayor and city commission with conducting a quasi-judicial hearing in accordance with
the requirements of law:
(1) Categories of decisions—quasi judicial definedgenerally. For purposes of understanding the
context of this section, the city commission will make a variety of different types of decisions
that the law classifies differently. For example, some decisions are classified legislative,
executive/administrative, or quasi-judicial in nature. The decision making process employed
by the city commission and scope of judicial review are markedly different for the different
classifications. Quasi-judicial matters are agenda items that generally require the city
commission to apply a general rule of existing policy. Such agenda items include, but are not
limited to, land use and other applications such as rezonings, variances, special exceptions,
conditional uses, special permits, site and engineering plans, and subdivisions of land and
plats.
(2) 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 example, and without the intention of being 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 approval of
contracts, appointing of board members and the purchasing of good and services are
executive/administrative decisions.
(3) Fundamental requirements. Quasi-judicial proceedings shall comply with the minimum
requirements of law. Interested parties shall at a minimum be permitted to be heard, present
evidence, be represented 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.
(4) 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.
(5) Burden ofproof.The applicant seeking approval of an application 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.
(6) Objectors;party intervenor applications.
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a. Persons objecting to an application must prove standing, which is the cornerstone of their
right to present any case against an application. Standing is 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 general public's at large.The city commission reserves the right to
contest any person's standing to participate in a quasi-judicial hearing at any time
through all appellate proceedings even if the person was permitted to participate in the
hearing.
b. An affected party who believes that they have legal standing and can demonstrate that
they have a special interest and may suffer special damages different in kind and degree
from that of the general public's at large, can file a party intervenor application with the
city manager requesting to be formally declared a party intervenor for purposes of
presenting factual and expert testimony and evidence at the quasi-judicial hearing. The
application shall be filed at least seven (7) days prior to the scheduled quasi-judicial
hearing and shall state with specificity the factual and legal basis on which the party
believes they have legal standing, and a general list of witnesses and evidence that the
party anticipates submitting to the city 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 city attorney and presented to the city commission at
the commencement of the hearing for a determination.The city commission may limit the
number of party intervenors or consolidate party intervenors for presentation purposes
to avoid unnecessary repetition and delay of the quasi-judicial hearing. If the city
commission grants 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 (8) 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.
(7) Rules of evidence.The strict rules of evidence shall not apply. However,the city commission is
required to make decisions on quasi-judicial agenda items based on testimony and evidence
that is actually presented on the record at the hearing.The following evidentiary rules should
be considered when the city commission receives testimony and evidence at the hearing:
a. Lay testimony. Citizen testimony is permissible 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.
b.
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Records, maps and reports. Maps, diagrams, reports and other official records may be competent
substantial evidence in themselves including, but not limited to, all official records of the city and any other
local, state,federal government agencies.
c. Expert testimony.The opinions and recommendations of professional city staff members
including, but not limited to, city planning and zoning staff, the city engineer, law
enforcement and fire personnel, and other qualified staff members may constitute
competent substantial evidence, provided such opinions and recommendations are
related to the city staff person's professional expertise and qualifications. The opinions of
other duly qualified professionals and experts of applicants and objectors may also be
similarly considered competent substantial evidence.
d. Hearsay evidence. Hearsay evidence maybe admissible provided it is used to support
other competent substantial evidence presented in the record before the city
commission.
(8) Presentation of evidence. Unless otherwise required by the city commission or as permissible
in subsection (8)m. below, the following order of presentation will generally occur on agenda
items that are subject to a quasi-judicial hearing:
a. The mayor will briefly introduce the item (approximately three (3) minutes).
b. 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, present party intervenor
applications timely received for the city commission's determination, and provide general
background to the agenda item to the extent necessary(approximately five (5) minutes).
c. The city administrative staff and any staff consultants shall present a summary of the
application and agenda item and its findings, opinions or recommendation on that
application (approximately ten (10) minutes).
d. The applicant and any factual and expert witness(es)will provide testimony and evidence
on the application and matter being considered (maximum fifteen (15) minutes).
e. Any party intervenors and any factual and expert witness(es)will provide testimony and
evidence on the application and matter being considered (maximum of ten (10) minutes).
f. To the extent that the item is a public hearing, the mayor shall open the public hearing
and invite any person in attendance to speak to the issue and to present any factual or
expert testimony(if any) relevant to the matter being considered (maximum three (3)
minutes per person or five (5) minutes per representative of recognized groups). If the
matter is not a public hearing item, objectors (not granted party-intervenor status),
proponents and the general public will be permitted to speak to the issue and to present
any factual or expert testimony relevant to the matter being considered (maximum three
(3) minutes per person or five (5) minutes per representative of recognized groups).
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g. Cross-examination of adverse witnesses by the applicant and any party intervenors shall
be permitted during testimony to the extent requested and necessary in furtherance of
due process requirements (maximum five (5) minutes per witness).
h. At the close of the evidentiary presentation, the applicant and staff will be afforded the
opportunity to rebut any testimony and evidence. (maximum five (5) minutes each).
L At the conclusion of the rebuttal, the mayor 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.
j. Any documentation presented to the city commission in support of or in opposition to an
application and agenda item shall be offered into the record at the hearing by submitting
a copy or copies of same to the city clerk.The city clerk shall keep one (1) copy of the
documents as 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 mayor and city commissioners as
deemed necessary or requested by the city commission.
k. The agenda item and any staff report presented on any application and all applicable city
codes and ordinances and state and federal law shall be deemed part of the record in all
applications considered by the city commission.
I. If an applicant, party intervenor, or objector anticipates presenting, for the hearing
record, a detailed written report as evidence,the applicant, party intervenor, or objector
may submit the report to the city clerk in advance of the hearing and the report will be
distributed to the mayor, city commission, city staff and any other interested person
requesting the same prior to hearing to the extent feasible so the mayor and city
commission and interested persons may examine the report prior to the hearing.
Applicants, party intervenors, and objectors shall not submit such reports or any other
evidentiary information directly to the mayor and city commission prior to the hearing.
m. The city 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 city commission
takes final action on an application. Such limited cases may occur when: (i) a specific
application does not require a public hearing; (ii)the application is deemed complete and
supported by a city staff recommendation in favor of approval in accordance with
applicable requirements; (iii)the applicant concurs with the city staff recommendation;
and (iv) no party intervenor or interested party has appeared at the city commission
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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 may
dispense with the evidentiary presentation formalities set forth in this subsection (h), consider the matter
informally at its discretion, and rely on the city staff recommendation as uncontested and unrebutted
competent substantial evidence, and take final action in a manner deemed appropriate by the city
commission to conduct orderly and efficient city business.
n. The city commission may modify the time limits specified in this subsection (8) on its own
motion or consensus or upon 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 to participate without undue repetition and delay in furtherance of
affording due process.
(9) Swearing-in of witnesses. Persons presenting evidence and expert testimony may be required
to take an oath and be sworn by the city attorney, collectively or individually, in substantially
the following manner:
I (state witness name) swear or affirm to tell the truth, the full truth, and nothing but the
truth.
(10) Impartial decision maker;voting conflicts. The mayor and city commissioners sitting in a
quasi-judicial capacity will each endeavor to act in an impartial 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 city commission.The mayor and city commissioners are each permitted 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 mayor or any city commissioner believes
that they have a voting conflict of interest on any agenda item, under F.S. § 112.3143, or other
applicable law, the mayor or city commissioner with the conflict shall declare a voting conflict
and recuse themselves from participating in the proceeding, abstain from voting upon the
agenda item, and file the applicable voting conflict form. In addition, pursuant to F.S. §
286.012,the mayor or any city commissioner may abstain from voting on a quasi-judicial
agenda item if the abstention is to assure a fair proceeding free from potential bias or
prejudice.
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(11) Ex parte communications. The mayor 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
mayor or city commissioners knows or reasonably expects will be filed with the city
commission within one hundred eighty(180) days after the date of any such communication.
To the extent feasible and practicable, the mayor or city commissioners should avoid ex parte
communications concerning the merits of any such application. Applicants, party intervenors,
and any other non-city staff persons desiring 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 designee responsible for processing the
application. The city manager or his or her designee will be responsible for handling the
discussion or written communication in a manner deemed appropriate.The city manager or
his or designee will be responsible for scheduling and conducting all meetings, and handling
all official communications between the city(and its officials and employees) and applicants
and party intervenors.
a. Pursuant to F.S. § 286.0115, if the mayor or any city commissioner receives ex parte
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 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.
b. This subsection (11) is not intended to prohibit the mayor and city commissioners from
making official inquiries of, or obtaining advice from, the city manager, city staff and city
attorney in their respective official capacities.
c. This subsection (11) is not intended to preclude the mayor and city commissioners from
communicating with constituents and members of the public regarding the general
existence or status of any application nor preclude the mayor or any city commissioner
from attending community or homeowner's association meetings which are generally
open to city residents and constituents at which an application may be discussed. In such
circumstances, the mayor and city commissioners will neither knowingly initiate nor
participate in ex parte communications regarding the merits of any application.
(12) Continuance of hearings. 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 any interested party with standing in order to allow additional time to gather additional
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relevant evidence to be presented to the commission at a subsequent meeting.
(13) Written orders of final decisions. Final decisions made by the city commission regarding
quasi-judicial applications and agenda items shall be made verbally by motion and roll call
majority vote, but in some cases shall also be memorialized in a separate writing as follows:
a. Pursuant to F.S. § 166.033, when the city commission denies an application for a
development permit, as that term is defined in F.S. § 163.3164, city staff is directed to
prepare and send written notice to the applicant based on the city commission's decision.
The notice must include a citation to the applicable 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 permit, zoning permit, subdivision approval, rezoning, certification,
special exception,variance, or any other official action of local government having the
effect of permitting the development of land; or
b. By majority vote of the city commission, the city commission may direct the city attorney
to prepare a proposed order, which will include findings 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 attorney, the hearing will be continued to another city
commission meeting at which the commission will consider adopting the proposed order
as presented or modified by commission. A copy of the final order will be provided to the
applicant and other interested parties upon request; or
c. Pursuant to other requirements of law; or
d. If notice is not required by subsections a., b. or c. above, city staff may provide a courtesy
notice to the applicant of the city commission's final decision.
(14) Supplemental quasi-judicial rules. To the extent necessary, the city commission may adopt or
employ at a particular hearing supplemental quasi-judicial rules of procedure which shall
apply to quasi-judicial matters consistent with the requirements of law.
(15) 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 application.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 (5) or more years, and must demonstrate
satisfactory knowledge of municipal law and quasi-judicial proceedings.
(Ord. No. 2016-09, § 2, 10-10-16)
Sec. 2-31. - Savings clause;waiver of rules and procedures.
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This article II is adopted for the sole benefit of the mayor and city commission for purposes of conducting
orderly and efficient meetings. No person shall have any claim, right, or privilege whatsoever against the city
or any of its mayor, city commissioners, officials and employees by virtue of the provisions of this article ll.
The failure of the mayor, city commissioners, city commission or any city official and employee to abide by
any of the rules and procedures contained under this article II shall not have any adverse or negative effect
on any decision made by the city commission. It is the intent and purposes of this section to provide that a
violation of any 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 employees or challenge or nullify
an otherwise lawful action of the city commission. This article II shall not be construed or interpreted as the
city consenting to be sued by any third party including, but not limited to, any applicant, party intervenor,
objector, or any other person if compliance with the provisions of this article does not occur.The city
commission reserves the right to expressly or impliedly waive the application of any provision of this article
in its discretion.
(Ord. No. 2016-09, § 2, 10-10-16)
Secs. 2-32-2-40. - Reserved.
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