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HomeMy WebLinkAboutResolution 2006-25 Public Notice Policy RESOLUTION NO. 2006-25 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, ESTABLISHING A PUBLIC NOTICE POLICY FOR CITY COMMISSION MEETINGS AND OTHER CITY SPONSORED OFFICIAL FUNCTIONS AND COMMUNITY FORUMS IN ACCORDANCE WITH LAW; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, ofthe State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, section 286.011, Florida Statutes, provides that all meetings of the city commission at which official acts are to be taken are declared to be public meetings open to be public meetings and open to the public at all times and that the city commission must provide reasonable notice of all such meetings; and WHEREAS, consistent with section 286.011, Florida Statutes, the city commission desires to establish a public notice policy for city commission meetings and other official city sponsored functions and community forums for purposes of providing clear directions to the city clerks's office as to when said meetings and functions are required to be noticed; and WHEREAS, it is the intent and purpose of this resolution to fully comply with the requirements of the Sunshine Law and to provide the public additional courtesy notices of city sponsored events and community forums which are open to the public and at which it is known ahead of time that the Mayor and/or one or members of the city commission may be in attendance and participate; and WHEREAS, the City Commission of the City of Winter Springs finds that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY RESOLVES, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated by this reference. Section 2. Required Public Notices. The City Commission hereby directs that the following meetings be officially noticed by the City Clerk as a City Commission meeting: City of Winter Springs Resolution 2006-25 Page 1 of 4 (A) Regular meetings of the City Commission. (B) Special, workshop or emergency meetings of the City Commission. (C) Joint meetings of the City Commission and any other public entity or city board/committee. (D) Meetings in which one or more members of the City Commission and/or Mayor has been delegated the decision making authority to act on behalf of the City Commission. (E) Meetings between the Mayor and one or more members of the City Commission or meetings between two or more members of the City Commission to discuss some matter which could foreseeably come before the city commission for action. (F) Meetings ofthe Florida League of Cities and National League of Cities where the Mayor and one or more members of the City Commission or two or more members of the City Commission will be in attendance to discuss issues which could foreseeably come before the City Commission for action. (G) Any other meetings required by law. Section 3. Other City SDonsored Functions and Community Forums. The City Commission understands and recognizes that the Florida Attorney General has opined that attendance by city council members at community forums sponsored by private organizations, meetings of another public board, or social events are not subject to the Sunshine Law and being noticed as a city commission meeting, so long as commissioners avoid discussions among themselves on issues that may foreseeably come before the City Commission for action. Therefore, the following shall apply to other city board meetings, city sponsored functions and community forums: (A) With respect to other city board meetings, a courtesy notice shall be placed on the bottom of the city board notice in substantially the following form: Please be advised that the Mayor and/or one (1) or more Members of the City Commission and/or Members of any of the City's Advisory Boards and Committees may be in attendance at this Meeting, and may participate in discussions. (B) With respect to other official functions sponsored by the City and open to the public, a courtesy notice of the function shall be posted on the bulletin board in the lobby at city hall. The notice shall include an agenda (if available) and a statement in substantially the following form: City of Winter Springs Resolution 2006-25 Page 2 of 4 Please be advised that the Mayor and/or one (1) or more Members of the City Commission and/or Members of any of the City's Advisory Boards and Committees may be in attendance at this function, and may participate in the function on behalf of the City. (C) With respect to other community forums sponsored by a private organization or some other government entity, board or group that is open to the public, the city clerk shall post a notice of the upcoming community forum on the bulletin board in the lobby at city hall if the city clerk has been informed by the Mayor and/or one or more members of the city commission that at least two of them will be in attendance at the community forum. The courtesy notice shall state the name, date, location, and time of the community forum, an agenda (if available), and substantially the following notice: Please be advised that the Mayor and/or one (1) or more Members of the City Commission and/or Members of any of the City's Advisory Boards and Committees may be in attendance at this Meeting, and may participate in discussions. For purposes of this subparagraph (C), community forums may include candidate nights sponsored by a private organization, forums and meetings of CALNO and the League of Cities, public forums of government and private organizations, joint planning meetings of selected government officials, and other open forums where issues of general public concern to the city may be discussed in public. Section 4. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted by the City Commission, or parts of prior resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Resolution is for any reason held invalid or unconstitutional by any court of 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 Resolution. Section 6. Instructions to City Clerk. The public notice requirements set forth in this Resolution shall be implemented by the city clerk unless otherwise directed by majority vote of the city commission or unless otherwise required by law. Section 7. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs. City of Winter Springs Resolution 2006-25 Page 3 of4 RESOLVED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 8th day of May, 2006. JOHN F. BUSH, MAYOR ATTEST: CITY CLERK Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney City of Winter Springs Resolution 2006-25 Page 4 of 4