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HomeMy WebLinkAbout2008 12 08 Regular 602 Public Participation Rules for Public MeetingsDate: December 8, 2008 This Agenda Item was not discussed during the December 8, 2008 City Commission Regular Meeting. City of Winter Springs Regular Meeting December 8, 2008 120808_COM M_Regular_602_Pu blic_Participation_at_Public_Meetings Page 1 of 1 COMMISSION AGENDA ITEM 602 December 8, 2008 Regular Meeting Consent Informational Public Hearing Regular X MGR. ~~" /DEPT. Authorization REQUEST: Commissioner Krebs requesting the City Commission to discuss Public Participation Rules of Public Meetings. PURPOSE: This agenda item is needed to provide for a discussion of public participation rules provided in the City Commission's Rules for the Conduct of Commission Meetings. CONSIDERATION: The City Charter establishes that the City Commission is empowered to set its own rules of order related to the conduct of public meetings. Resolutions 2003-06 and 2004-12 were adopted by the Commission to establish these rules of conduct. Commissioner Krebs desires to open a discussion regarding the adequacy of the current rules regarding the maintenance of "decorum" at public meetings. FUNDING: N/A RECOMMENDATION: It is recommended that the Commission discuss the matter of the adequacy of the Commission's current Rules of Conduct at Public Meetings regarding decorum, and to provide staff with any direction it deems appropriate. ATTACHMENTS: Resolution Number 2003-06 Resolution Number 2004-12 Examples of Decorum Rules COMMISSION ACTION: RESOLUTION NO. 2003-06 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, REPEALING RESOLUTION N0.908AND AMENDING AND RESTATING IN THEIR ENTIRETY THE RULES AND PROCEDURES FOR THE CONDUCT OF ANY COMMISSION MEETINGS, PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Winter Springs, Florida, ("City Commission") desires to conduct its business with order and efficiency; and WHEREAS, in order to effectuate order and efficiency at City Commission meetings, the City Commission recognizes the need to adopt rules and procedures to conduct City business; and WHEREAS, the City Commission desires to amend its rules and procedures set forth in Resolution 908; and WHEREAS, the City Commission also desires to restate herein the rules and procedures of the City Commission as amended; and WHEREAS, the City Commission has found it necessary to periodically review its practices to provide guidelines for the most expedient and efficient business practices in the City; and WHEREAS, the City Commission deems it to be in the best interests of the health, safety, and welfare of the citizens of the City that the City Commission have rules of order for the conduct of its business. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1. RECITALS. The foregoing recitals are affirmed and incorporated as part of this resolution. Section 2. RULES AND PROCEDURES. The following rules and procedures are adopted for City Commission meetings: A. Agenda Packets. Agenda Packets shall be made available to Commissioners no later than Wednesday at 5:00 p.m. prior to the Commission meeting; however, when absolutely necessary or in the event of an emergency, the City Manager may distribute any add-on agenda item(s) after Wednesday at 5:00 p.m. Resolution 2003-Ofi City of Winter Springs Page 1 of 3 B. Robert's Rules of Order. Robert's Rules of Order shall be the "underlying foundation" for the conduct of Commission meetings. (Robert's Rules of Order may be suspended by a majority vote,) C. Consent Agenda. Any Commissioner may request that a Consent Agenda Item be held for separate consideration. D. Motions. No Motion shall be recognized by the Chair until all Commissioners and the City Manager have had an opportunity to address that Agenda Item. E. Motions Belong to Commission. Motions, once made, and seconded, belong to the Commission, not the individual making the original Motion. (Amendments need not be accepted by the Maker of the Motion.) F. Parliamentary Procedure. All Motions shall be considered in accordance with the Chart !, Ranking Order and Chart II, Motions in the "Parliamentary Procedure Basics for Governmental Bodies" (Third Edition, Agenda Associates). G. Time Limits. Unless otherwise approved by a majority vote of the City Commission, each Commissioner and the Mayor shall be given a maximum of five (5) minutes to initially speak on an agenda item. After each Commissioner and the Mayor have been afforded the opportunity to initially speak on an agenda item, each Commissioner and the Mayor shall then be given additional time to speak in five (5} minute increments until discussion on that agenda item has been concluded. H. Call the Question. Motions to "Call the Question" shall require a second and a vote. I. Manor Enforce Time Limits. The Mayor shall strongly enforce the directives of the Commission relative to disruptive members of the audience and time limits on Public Input. J. Commissioners Call Attention to Disruptive Behavior. Members of the Commission may call the Mayor's attention to disruptive behavior by members of the audience, if the Mayor fails to notice the behavior. In such event, the Mayor shall issue a warning to those individuals. K. Mayor Give Warning. The Mayor shall give disruptive members of the audience a (one) warning. If these individuals commit further disruptions, the Police Chief shall escort them out of the Commission Chamber for the remainder of the meeting. Resolution 2003-Ofi City of Winter Springs Page 2 of 3 L. Time of Adjournment. unless sooner adjourned by majority vote of the City Commission, the Mayor shall adjourn the Commission meeting at 11:00 p.m. However, by super majority vote ofthe City Commission, a Commission meeting may be extended beyond 11:00 p.m. in time increments or to handle any specific agenda item(s). Section 3. SEVERABILITY. If any section, clause, phrase, word, or provision of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, whether for substantive or procedural reasons, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this resolution. Section 4. REPEAL OF PRIOR INCONSISTENT RESOLUTIONS. Resolution No. 908 and all prior inconsistent resolutions adopted by the City Commission are hereby repealed. Section 5. EFFECTIVE DATE. This resolution shall become effective immediately upon passage by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. Section 6. LIMITATIONS. The failure of the City Commission or Mayor to abide by any of the Rules and Procedures contained in this resolution shall not have any adverse effect on any final decision made by a majority vote of the City Commission. DONE AND ADOPTED in regular session of the City Commis5ior, of the City of Winter Springs, Florida, this 27th day of January 2003 JO F. BUS3~, Ma or ATTEST: ~~ ____ LUACES, City Clerk Appro s to legal form and sufficiency for the QyE~~ter Springs only: ANTHONY A. GARGANESE, City Attorney Resolution 2003-06 City of Winter Springs Page 3 of 3 RESOLUTION N0.2004-12 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ESTABLISHING A POLICY REGARDING THE PUBLIC'S ABILITY TO ADDRESS THE MAYOR AND CITY COMMISSION AT PUBLIC MEETINGS, PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Winter Springs, Florida, ("City Commission") desires to conduct its business with order and efficiency; and WHEREAS, 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. 11`h Cir. 2004), recently 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, this resolution although adopted for City of Winter Springs purposes is substantially similar to the City of Cocoa resolution upheld in the Rowe case; and WHEREAS, the City Commission deems it to be in the best interests of the health, safety, and welfare of the citizens of the City that the City Commission have rules of order for the conduct of its business. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section i. RECITALS. The foregoing recitals are affirmed and incorporated as part of this resolution. Section 2. ADDRESSING THE MAYOR AND CITY COMMISSION. The following policy is adopted for City Commission meetings: Resolution No. 2004-12 City of Winter Springs Page 1 of 5 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. ff 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 OF 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. 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: I. 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. E. DELEGATIONS. In its discretion, the City Commission may set aside up to thirty minutes of each regular meeting for "delegations." The purpose of such delegations shall be for 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 Resolution No. 2004-12 City of Winter Springs Page 2 of 5 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. Each person addressing the City Commission during public forum 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 greater time is provided by a majority vote of the City Commission. 1. 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's City Manager or administrative staff, the City Commission may request, upon 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. 2. The City Commission recognizes that delegations is for the purpose of legitimate inquiries and discussion by the public and not for the purpose of advancing arguments or repetitious questions concerning matters which the City Commission believes to be closed or not of general public concern. The City Commission shall have the right at any delegations to decline to hear any person or any subject matter upon proper motion and majority vote by the City Commission. F. PUBLIC HEARINGS IN GENERAL. The City Commission shall hold a public hearing on every proposed ordinance that comes before the City Commission for adoption in accordance with Section 166.041, Florida Statutes, or any procedure of general law that supersedes this provision. 1. The City Commission shall hold a public hearing on any resolution affecting rates and charges for potable water, reuse water, stormwater, sewer services, garbage, and special assessments. 2. All public hearings shall be advertised in a newspaper of general circulation one 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 of the Florida Statutes. 3. Further, the proposed ordinance or resolution and notice shall be placed at Resolution No. 2004-12 City of Winter Springs Page 3 of 5 City Hall for public review in advance of each public hearing. 4. At the public hearing, the city attorney shall read any ordinance or resolution by title or in full, as required by general law of City Charter, for the public record, and provide general background to the item. 5. 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. 6. Public debate 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 debate 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 majority vote of the City Commission if the complexity of the relevant issues raised during the public hearing require additional public debate. The City Commission by 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. 7. 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. 8. It shall be the responsibility of any person deciding to appeal any decision made by the City Commission with respect to any matter considered at a public hearing under this section, to insure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which any such appeal is to be based. Section 3. SEVERABILITY. If any section, clause, phrase, word, or provision of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, whether for substantive or procedural reasons, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this resolution. Section 4. REPEAL OF PRIOR INCONSISTENT RESOLUTIONS. All prior inconsistent resolutions adopted by the City Commission are hereby repealed. Resolution No. 2004-12 City of Winter Springs Page 4 of 5 Section 5. EFFECTIVE DATE. This resolution shall become effective immediately upon passage by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. Section 6. LIMITATIONS. The failure of the City Commission or Mayor to abide by the policies in this resolution shall not have any adverse effect on any final decision made by a majority vote of the City Commission. DONE AND ADOPTED in regular session of the City Com~nisyion of the City of Winter Springs, Florida, this 12th day of April ~ 2 J F. BUSK, l`Jlajvutr A LUACES, City Clerk Approv as t legal form and sufficiency for the C' of~~i er Springs only: ANTHONY A. GARGANESE, City Attorney Resolution No. 2004-12 City of Winter Springs Page 5 of 5 EXAMPLE 1 podium and state, for the record, your name and address. All comments shall be directed to the Commission, not to a member thereof or to the general public. Persons addressing the Commission during general public comment shall limit their remarks to three minutes. Decorum: Any person making personal, impertinent or slanderous remarks or who becomes boisterous while addressing the Commission or while attending the Commission meeting shall be removed from the room if the sergeant-at-arms is so directed by the presiding officer, and such person shall be barred from further audience before the Commission. Commission meetings are held biweekly, in City Hall Commission Chambers, 200 - 2nd Street, West Palm Beach, on Mondays beginning at 4:00 p.m. All meetings of the City Commission are open to the public. For further information, please contact the Office of the City Clerk via email CityClerk@wpb.or~. EXAMPLE 2 KUI.t 'E.'!y -- UC,t:VKUM ORDER MUST BE PRESERVED. - No person shall by speech or otherwise, delay or interrupt the proceedings or the peace of the Council or disturb any person having the floor. No person shall refuse to obey the orders of the Mayor or the Council. Any person making irrelevant, impertinent or slanderous remarks or who becomes boisterous while addressing the Council shat( not be considered orderly or decorous. Demonstrafrons such as clapping, booing, jeering, gesturing or cheering discourage other speakers thereby impeding the meeting process and will not be allowed. Any person who becomes disorderly or who flails to confine remarks to the identified subject or business at hand shall be cautioned by the Mayor and given the opportunity to conclude remarks on the subject in a decorous manner and within the designated time limit. Any person failing to comply as cautioned shall not be allowed to continue speaking unless permission to continue or again address the City Council is granted by the majority vote of the Council members present. Upon failure of the Mayor to maintain decorum, a calf for "Point of Order'' by a Council Member shalt require business proceedings to cease until decorum is restored.