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HomeMy WebLinkAbout2001 03 14 Regular D Resolution 2001-04 Format and Style for Minutes COMMISSION AGENDA ITEM D Consent Informational Public Hearing Regular X {A- March yl. 2001 Regula~ Meeting h \/ Mgr. " 1 UDept. Authorization REQUEST: The City Clerk is requesting that the City Commission of the City of Winter Springs consider the attached Resolution Number 2001-04 which sets forth a suggested format and style for all City Commission Meeting Minutes and Advisory Board and Committee Meeting Minutes. PURPOSE: This Agenda Item's purpose is to request that the City Commission of the City of Winter Springs consider the attached Resolution Number 2000-04 which if adopted, will provide guidelines and a suggested format and style for all City Commission Meeting Minutes and Advisory Board and Committee Meeting Minutes. CONSIDERATIONS: Over the past year the City Clerk has been submitting a somewhat abbreviated form of Minutes for approval at Regular Meetings by the City Commission. The current style of Minutes contains complete and verbatim Motions, with the corresponding Votes; who the maker of the Motion was; "Points of Order;" and other items such as the time a Meeting began and ended, who was in attendance, etc. These are the only items that experts suggest be included. CITY OF WINTER SPRINGS REGULAR MEETING - MARCH 12,2001 REGULAR AGENDA ITEM"D" PAGE20F4 In addition to these basics, the City Clerk has been including all Commission directives to Staff; along with Commission preferences and requests, so that the desires of the Commission are fully documented, and so that Staff can provide the Commission with the information that they requested. We have also been noting all comments made by members of the Commission noted "for the record." The only difference from the Minutes of previous years is that general discussion in the Minutes has not been included. However, any discussion that may involve a legal matter or some type of negotiations that the Commission and Staff should be aware of is definitely included, and in some cases, is transcribed in depth. The Minutes (as described above) that have for the past year and a half been provided to the Commission, have worked out quite well for the Commission; plus, this format follow the guidelines of all of the experts: . The 9th Edition of Roberts Rules of Order (Newly Revised), Edited by Henry M. Robert III and William J. Evans states that "In an ordinary society, unless the minutes are to be published, they should contain mainly a record of what was done at the meeting, not what was said by the members." , . The City Commission agreed with this, and at their December 9, 1999 Regular Meeting, adopted Resolution Number 908 which established "Certain policies and procedures for the conduct of any Commission Meetings." Specifically, Item Number 3. of Resolution Number 908 notes that "Robert's Rules of Order shall be the 'underlying foundation' for the conduct of Commission Meeting." . A Records Management Consultant to the City has advised the Commission that all Minutes should be brief; be action-item oriented; and not include superfluous comments. With the Minutes of the City Commission in the above referenced format and style, it would be very desirable to have all of the Advisory Boards and Committees in line with what the Commission is doing. This will provide consistency across the Board. Furthermore, it is also suggested that no comments, discussion, or statements that are stated or written "for the record," either by a member of the Commission, (any Advisory Board and/or Committee), the City Manager, the City Attorney, City Staff, or any member of the audience be transcribed verbatim, unless the voting members unanimously agree to this, complete with a Motion containing the reason why the additional expense of verbatim minutes are necessary, and a documented vote confirming this. This complies with the ideal that Minutes should be brief, and only contain "a record of what was done at the meeting, not what was said." CITY OF WINTER SPRINGS REGULAR MEETING - MARCH 12,2001 REGULAR AGENDA ITEM"D" PAGE30F4 Furthermore, to be effective as a tool for controlling costs, the Commission will need to carefully weigh each request rather than the alternative of approving all requests as a matter of courtesy to each other. Also for consideration is that the City records all City Commission and Advisory Board and Committee Meetings. The audiotapes, along with corresponding documentation and the minutes are all kept for a designated period of time, as set forth by Florida Statutes. Therefore, if someone wanted to hear everything that transpired during a particular Meeting, an audiotape could be obtained. Another factor that should also be considered is that of "CostS." The more casual conversation and general discussion that is included in a set of Minutes, adds up in a number of ways - time is required for such information to be transcribed and later proofed; it takes more paper and time to copy the extra verbiage; and it costs valuable Staff time. Plus- general comments are what was "said, and not what was "done. For instance: Sample A: -A Three Hour Meeting - Employee doing the transcription is paid $10.00 per hour - The Minutes to be transcribed are the basics and Motions - Time to do these Minutes takes approximately 1 hour COST for" A" - $10.00 Sample B: -A Three Hour Meeting -Employee doing the transcription is paid $10.00 per hour - The Minutes to be transcribed contain the basics, Motions, "all comments for the record" and general discussion - Time to do these Minutes takes approximately 5 hours Cost for "B" - $50.00 In addition to the City Commission, the Office of the City Clerk currently provides Minutes for Nine (9) Advisory Boards and Committees. There have been comments from several Advisory Board and Committee Members that they would like more in-depth minutes. This is not consistent with good practice. Currently, all Minutes for the City's Advisory Boards and Committees include general discussion and "for the record" comments. This is not consistent with good practice. The Commission has taken the leadership on the good practice and needs to require the City's Advisory Boards and Committees to do the same. If we are to follow the style suggested by the experts, along with keeping costs in line, we should have all Minutes, for the City CITY OF WINTER SPRINGS REGULAR MEETING - MARCH 12,2001 REGULAR AGENDA ITEM"D" PAGE 4 OF 4 Commission and all Advisory Board and Committees completed in the most efficient and effective style. This is reflected in Resolution 2001-04. FUNDING: None Required. RECOMMENDATION: Staffs recommendation is that the Commission approve Resolution 2001- 04, effective this date. ATTACHMENTS: A. Resolution Number 2001-04. B. Copy of286.011 (2) of the Florida Statutes C. Page 458 from the 9th Edition of Roberts Rules of Order (Newly Revised), Edited by Henry M. Robert III and William J. Evans. D. Resolution Number 908 COMMISSION ACTION: RESOLUTION 2001-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA FORMULATING A POLICY TO ENSURE THAT ALL MEETING MINUTES OF THE CITY COMMISSION INCLUDING ALL ADVISORY BOARDS AND COMMITTEES ARE CONSISTENT IN THE SAME STYLE AND FORMAT, AND FOLLOW THE SAME GENERAL GUIDELINES AS LISTED BELOW; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Winter Springs, Florida, has found it necessary to periodically review its practices to provide guidelines for the most expedient and efficient business practices in the City; and believes that all meetings held by the City Commission and their Advisory Boards and Committees should be consistent; and WHEREAS, the City Commission of the City of Winter Springs, Florida has and will continue to comply with Florida Statutes 286.011 (2) which states that "The minutes of any such board or commission of any such state agency or authority shall be promptly recorded;" and will be retained in accordance with the State of Florida Records Management designated time limitations. WHEREAS, all public meetings of the City Commission, and all of their Advisory Boards and Committees are recorded using audio tapes, which will serve as the recordation of a meeting, and will be retained in accordance with the State of Florida Records Management designated time limits. From these audio tapes, official minutes will be promptly completed, thus serving as the official record, for all of time. The official and approved minutes will as always, be retained in accordance with the State of Florida Records Management designated time limitations. WHEREAS, the City Commission of the City of Winter Springs, Florida agrees with a statement from the 91h Edition of Roberts Rules of Order (Newly Revised), Edited by Henry M. Robert III and William J. Evans which states that "In an ordinary society, unless the minutes are to be published, they should contain mainly a record of what was done at the meeting, not what was said by the members." The City Commission at their December 9, 1999 Regular Meeting, adopted Resolution Number 908 which established "certain policies and procedures for the conduct of any Commission Meetings." Item Number 3. of Resolution Number 908 notes that "Robert's Rules of Order shall be the 'underlying foundation' for the conduct of Commission Meeting." FURTHERMORE, the City Commission of the City of Winter Springs, Florida agrees that as the written minutes are intended to be just a summary of the actions that were taken, all minutes of the City Commission, and all of their Advisory Boards and Committees will be of the same style and format, with a foundation of brevity. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, AS FOLLOWS: Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Meetings. All public meetings shall be recorded in full. Except as printed herein. All minutes shall be produced and maintained in accordance with the 9th Edition of Roberts Rules of Order, maintaining a record of what is done, rather than what is said. Motions. All motions will be transcribed in full, along with who made the motion, and any corresponding vote(s). Body. No comments, discussion, or statements that are stated or written "for the record," either by a member of the Commission, (any Advisory Board and/or Committee), the City Manager, the City Attorney, City Staff, or any member of the audience will be transcribed verbatim, unless the voting members unanimously agree to this, complete with a Motion and a documented vote confirming this. 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. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of , 2001. ATTEST: Paul P. Partyka, Mayor Andrea Lorenzo-Luaces, City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS, FLORIDA ONLY: Anthony A. Garganese, City Attorney ~99 PUBLIC BUSINESS; MISCELLANEOUS PROVISIONS Ch. 286 oased. The requirements of this section do not apply to the notice provided in s. 200.065(3). His!ory.-s, 1, Ch, 80-150; s. 14. ch, 88.216: s. 209, ch. 95.148, 286.011 Public meetings and records; public inspection; criminal and civil penalties.- (1) All meetings of any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdi- vision, except as otherwise provided in the Constitu- tion, at which official acts are to be taken are declared to be public meetings open to the public at all times, and no resolution, rule, or formal action shall be consid- ered binding except as taken or made at such meeting. The board or commission must provide reasonable notice of all such meetings. (2) The minutes of a meeting of any such board or commission of any such state agency or authority shall be promptly recorded, and such records shall be open to public inspection. The circuit courts of this state shall have jurisdiction to issue injunctions to enforce the pur- poses of this section upon application by any citizen of this state. (3)(a) Any public officer who violates any provision of this section is guilty of a noncriminal infraction, pun- ishable by fine not exceeding $500. (b) Any person who is a member of a board or com- mission or of any state agency or authority of any county, municipal corporation, or political subdivision who knowingly violates the provisions of this section by attending a meeting not held in accordance with the provisions hereof is guilty of a misdemeanor of the sec- ond degree, punishable as provided in s. 775.082 or s. 775.083. (c) Conduct which occurs outside the state which would constitute a knowing violation of this section is a misdemeanor of the second degree, punishable as pro- vided in s. 775.082 or s. 775.083. (4) Whenever an action has been filed against any board or commission of any state agency or au1hority or any agency or authority of any county, municipal corpo- ration, or political subdivision to enforce the provisions of this section or to invalidate the actions of any such board, commission, agency, or authority, which action was taken in violation of this section, and the court determines that the defendant or defendants to such action acted in violation of this section, the court shall assess a reasonable attorney's fee against such agency, and may assess a reasonable attorney's fee against the individual filing such an action if the court finds it was filed in bad faith or was frivolous. Any fees so assessed may be assessed against the individual member or members of such board or commission; P:ovided, that in any case where the board or commis- Sion seeks the advice of its attorney and such advice is fOllo~ed, no such fees shall be assessed against the IndiVidUal member or members of the board or commis- sion. However, this subsection shall not apply to a state attorney or his or her duly authorized assistants or any Ot.tflcer charged with enforcing the provisions of this sec- Ion. (5) Whenever any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivi- sion appeals any court order which has found said board, commission, agency, or authority to have vio- lated this section, and such order is affirmed, the court shall assesq a reasonable attorney's fee for the appeal against such board, commission, agency, or authority. Any fees so assessed may be assessed against the individual' member or members of such board or com- mission; provided, that in any case where the board or commission seeks the advice of its attorney and such advice is followed, no such fees shall be assessed against the individual member or members of the board or commission. (6) All persons subject to subsection (1) are prohib- ited from holding meetings at any facility or location which discriminates on the basis of sex, age, race, creed, color, origin, or economic status or which oper- ates in such a manner as to unreasonably restrict pub- lic access to such a facility. (7) Whenever any member of any board or com- mission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision is charged with a violation of this section and is subsequently acquitted, the board or commission is authorized to reimburse said member for any portion of his or her reasonable attorney's fees. (8) Notwithstanding the provisions of subsection (1), any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision, and the chief administrative or executive officer of the govern- mental entity, may meet in private with the entity's attor- ney to discuss pending litigation to which the entity is presently a party before a court or administrative agency, provided that the following conditions are met: (a) The entity's attorney shall advise the entity at a public meeting that he or she desires advice concern- ing the litigation. (b) The subject matter of the meeting shall be con- fined to settlement negotiations or strategy sessions related to litigation expenditures. (c) The entire session shall be recorded by a certi- fied court reporter. The reporter shall record the times of commencement and termination of the session, all discussion and proceedings, the names of all persons present at any time, and the names of all persons speaking. No portion of the session shall be off the rec- ord. The court reporter's notes shall be fully transcribed and filed with the entity's clerk within a reasonable time after the meeting. (d) The entity shall give reasonable public notice of the time and date of the attorney-client session and the names of persons who will be attending the session. The session shall commence at an open meeting at which the persons chairing the meeting shall announce the commencement and estimated length of the attor- ney-client session and the names of the persons attending. At the conclusion of the attorney-client ses- sion, the meeting shall be reopened, and the person chairing the meeting shall announce the termination of the session. (e) The transcript shall be made part of the public record upon conclusion of the litigation. History.-s, 1, ch. 67.356; s, 159, ch, 71-136; s. 1, ch, 78-365; s, 6, ch. 85.301; s, 33, ch. 91.224; s, 1, ch, 93.232; s. 210. ch, 95.148; s, 1, ch, 95.353. 979 : I , ! I j,l I II ! 1,1 I ~ Ii I: ,I I i I: 'I ~ i i J, :/ ;: t', ! Ii l 'i ,~i " ' , , ' ' i ,,Ii( , ,: ,: " [ " .1a ~t :!1 ;;,: I j 1,1 'I.. ' . II :' :1 f '. ~ ,:' / ": : I,: . :' , " : I ; , I .~: . :! ;.n j I: I : -:.:; ~ ,! ~ i}~{ ~' , I, K '~ ~ [' ;' i,i -(:~f I: I J"; ~,t ~ I: :1 'j IJ' illk~ I;! :;, !'~ ':fWj~~.t :: I' ' J~ Iii "'ZlJ'~ t' :1 ':) i Y /1 ~ ~ , ,J I ~ ~H\ '; f ,: I ' P tl'j,~: ~, I I " I ij J' r,J\'11 ~ i I. i;', 'Il'~ I r'j) {i " 1 I ~~~ ;~1 Ii' it ::, n!fK ~[; j1 iII'/; ;flt~l~r . I:r dl'!" J j It' ::~:,! ^ 1.II,lii, if",j ! in., 11ft, ,: 'It"l ! 1\1, ijjt, Ill" ~. I~,I 1{ 1':'1, ill ,~ ;1 :,,1:1 I~' I~ Ii l,iijIIJ~IJ:; : i \;111,1; }i " ' j 'if. il'irl. H!,I~ IIi! ;rl~ 'j I ill':~:,~, /' . ,,'; \ '::'.: l :t ;:(f I , , I , " ; :1' ,L ' '11! I 11,1 'I " I :1 .' " .. . :/' 1,\ t..- 1", "4 :-- . ....,,\ '" .' " ;'".,:.:-, ...:'" ,- " 1"", , . -' ; ,',.' . '. !.l' . . <:;"' II " < .. 'I, " , ,",f: r,,-" ,;.' . 1~ ',,-"~ 458 RULES OF ORDER ~47. seat next to the chair, so as to be convenient for consulta. tion in a low voice, but the chair should try to avoid checking with the parliamentarian too frequently or too obviously. Mter the parliamentarian has expressed an opinion on a point, the chair has the duty to make the final ruling and, in doing so, has the right to follow the advice of the parliamentarian, or to disregard it. A member of an assembly who acts as its parliamentar. ian hasthe same duty as the presiding officer to maintain a position of impartiality, and therefore does not vote on any question except in the case of a ballot vote. He does not cast a deciding vote, even if his vote would affect the result, since that would interfere with the chair's preroga- tive of doing so. If a member feels that he cannot properly forego his right to vote in order to serve as parliamen- tarian, he should not accept that position. Regarding the duties of the parliamentarian in connec- tion with a convention, see also pages 602-603. ~47. MINUTES AND REPORTS OF OFFICERS Minutes The record of the proceedings of a deliberative assem- bly is usually called the minutes) or sometimes-particu- larly in legislative bodies-the journal. In an ordinary society, unless the minutes are to be published, they should contain mainly a record of what was tWne at the meeting, not what was said by the members. The minutes should never reflect the secretary's opinion, favorable or otherwise, on anything said or done. CONTENTOFTHE MINUTES, Thefirstparagraph of the minutes should contain the following information (which ,s. v,.. "'.,Wij.i .H"'7'" , " ." ,r -;" or' .' . . .' ,~ . , , , ';' :~ ~":l.. I '~" u...,-- -- - ,.' ';'t;mc:: l~i &..".&.&....... -- '.~ : :.:tiJj)::~,>. l' . ';1 ':the . . ':' ;~~~~.:-~-. .-~ '.;~i:.lar, - , '~:\~~he n I.' '~/',--- -- . 'i:l~-:'th". cI .,1' ~ :,~!~~~_:7 - , ,. ....t not ~ ",. :;~~~~\:- ~ -. . ;.: :,~){ili~ . . r;t';! ,. .',. ~';. 111 r_~l "~l';<i:,C,- ~ . . ...,.'~<iwho ,: (,i~j!., I. " ~I wnr:1 ~""~1"l',S: - :""";.- - - ; ':;;~.J;and : f?~'t\Yt \ _~. '"::>,Tn;n ,,' W(~{\--'. >..J1}.~;:;:\' '~tt'he = = :',.1*dph J! ~-,-tl,~_ ,'~ ~'I" I ,.. 1..--1 . . "I-"'\.~~ i.-;.c - "j.sQbw: :',:; ~'-:,~'1!\~~ . J. :'1\.-'r.~,4. ': " f6')\'all .., '~i~{~~/ ;'- - - . <;'~~i~'-~"~~ .'g~tJ:'3' 3- . ,.il~,fii. ~ ~,.:-~::~~:~:~~ - ~. . . ~~i~~"F . I : lilt:. a) u . ,';(''ili> . . ';:\114/-, u '.. . ~,...j\~r~:i~J ~ 1 .~ltI~:.' II . ;.., l,~~}'~t'" "",~-- 'i*TLh_ . .:-"rtl'.&.IU.':Il:: 1 :(:}If:~J.-~_-__. .' '._;,~~f~~ - ~ _~.~. ".'.UU....11 HlH : .. .....\,l:' - '(npl""p('>('>^ _. '.1 '-;~i.-=="_-_..l ,',.,/,;i'~~_& I - -11<'iG1L\:1 :~~~~:'.- _ _ -.V . '.....""1.11.111.1. .' 1 .. ._: ,,}~~,^::.. _ _J - -_~_ RESOLUTION NUMBER 908 A RESOLUTION OF THE CITY OF WINTER SPRINGS, FLORIDA, ESTABLISHING CERTAIN POLICIES AND PROCEDURES FOR THE CONDUCT OF ANY COMMISSION MEETINGS, PROVIDING FOR CONFLICT, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission has had workshops and discussions on conducting its' business, with a concern for better efficiency and is desirous to establish certain rules and criteria to follow, in order to provide for more efficient, effective, and decorous City Commission meetings; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, that: 1. The Commission shall hold Workshop Meetings, 5:00 P.M. to 6:30 P.M., prior to each Commission Meeting for a trial period of two months, beginning October 25, 1999 to be re-evaluated at the end of that time. 2. Agenda Packets shall be made available to Commissioners no later than Wednesday prior to the Commission Meeting. 3. 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). 4. Any Commissioner may request that a Consent Agenda Item be held for separate consideration. 5. No Motion shall be recognized by the Chair until all Commissioners and the City Manager have had an opportunity to address that Agenda Item. 6. Motions, once made, and seconded, belong to the Commission, not the individual making the original Motion. (Amendments need not be accepted by Maker of Motion). 7. 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). 8. There shall be no limit as to the amount of time a Commissioner may speak. 9. Motions to "Call the Question" shall require a second and a vote. 10. The Mayor shall strongly enforce the directives of the Commission relative to disruptive members of the audience and time limits on Public Input. i' .,.,. CITY OF WINTER SPRINGS RESOLUTION 908 11. 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. 12. 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. 13. Commission Meetings shall be adjourned by 11 :00 P.M., however, they may be extended in one-hour increments by a super majority vote. 14. Regardless of the time, Adjournment shall require a motion, second and a majority vote. PASSED AND ADOPTED THIS 6th day of December ,1999. Attest: r ( I\~., ~~cL,~ ~ CLERK - , December 6, 1999 DATE ad C4<<4ed tk4 4ed. tD Ie ~.