HomeMy WebLinkAboutOrdinance No. 02-2018 1 ORDINANCE NO. 02-2018
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
4 OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
5 PROVIDING CODE AMENDMENTS RELATED TO THE
6 SERGEANT AT ARMS;PROVIDING FOR THE REPEAL OF
7 PRIOR INCONSISTENT ORDINANCES AND
8 RESOLUTIONS, INCORPORATION INTO THE CODE,
9 SEVERABILITY AND AN EFFECTIVE DATE.
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11 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the
12 State Constitution, to exercise any power for municipal purposes, except when expressly
13 prohibited by law; and
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15 WHEREAS, the safety of elected and appointed City officials, City employees and
16 members of the public at City Council meetings and other City board or committee meetings are
17 of utmost concern for the City Council, City Manager and the City's Public Safety Team; and
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19 WHEREAS, the City has followed a long tradition of government deliberative bodies of
20 having a sergeant at arms present at various public meetings held by the City Council and other
21 City boards and committees for purposes of keeping order and security at its meetings; and
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23 WHEREAS, the City Council desires to clarify its basic policy set forth in the City Code
24 regarding the role of the sergeant at arms and other City officials at public board meetings
25 conducted by the City; and
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27 WHEREAS, the City Council acknowledges that for the safety and security of the
28 aforesaid elected and appointed City officials,City employees and members of the public,the City
29 Council desires only to express herein a basic policy related to the sergeant at arms with the
30 understanding and recognition that Florida law deems local government security system plans,and
31 meetings revealing such plans, confidential and exempt from public records disclosure and public
32 meeting laws; and
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34 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
35 ordinance to be in the best interests of the public health, safety and welfare of the citizens of Cape
36 Canaveral.
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38 NOW,THEREFORE,BE IT ENACTED BY THE CITY COUNCIL OF THE CITY
39 OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,AS FOLLOWS:
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41 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein
42 by this reference as legislative findings and the intent and purpose of the City Council of the City
43 of Cape Canaveral.
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45 Section 2. Code Amendment — Council Rules. Section 2-63 of the Code of
46 Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type
47 indicates additions and strikeout type indicates deletions):
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City of Cape Canaveral
Ordinance No.02-2018
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1 Sec.2-63.—Sergeant at Arms.
2 (1) (Begining of underlined text) The sergeant at arms shall be the Cape Canaveral Precinct Commander of the
3 Brevard County Sheriff's Office and such other sheriffs officers designated by the Precinct
4 Commander. The sergeant at arms is responsible for maintaining order and security at city
5 council meetings. (End of underlined text)
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7 (2) The sergeant at arms shall be present at (begining of underlined text) and during all (end of underlined text) (begining of strikeout text) regular (end of strikeout text) council meetings
8 (begining of underlined text) unless attendance is otherwise excused by (end of underline text) (begining of strikeout text) when so requested by any member of (end of strikeout text) the city council
9 or by the city manager (begining of underlined text) prior to or during a specific meeting. (end of underlined text)
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11 (3) (Begining of underlined text) The sergeant at arms and the city manager shall be responsible for developing
12 security system plans for council meetings, and training related to the security system plans shall
13 be provided to the city council and its members,city attorney and applicable city staff on an annual
14 basis and as deemed necessary by the sergeant at arms, city council or city manager. (ending of underlined text)
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16 (4) (Begining of underlined text) Security system plans shall be deemed confidential and exempt from public records
17 disclosure pursuant to section 119.071(3), Florida Statutes and s. 24(a) Art. I of the State
18 Constitution. Additionally, any council meeting, or portion thereof, at which security system
19 plans,or portions thereof,will be revealed or discussed shall be conducted in a confidential manner
20 and closed to the public pursuant to section 286.0113 (1),Florida Statutes and s. 24(b) Art. I of the
21 State Constitution. (end of underlined text)
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23 Section 3. Code Amendment — Uniform Procedures and requirements of
24 City Boards. Section 2-171 of the Code of Ordinances, City of Cape Canaveral, Florida, is
25 hereby amended as follows (underlined type indicates additions and strikeout type indicates
26 deletions):
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28 Chapter 2
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30 Article IV. Boards, Committees Commissions.
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32 * * *
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34 (q) (Begining of underlined text) Sergeant at arms. The sergeant at arms designated pursuant to section 2-63(1)
35 of the City Code shall be present at and during all board and committee meetings unless attendance
36 is otherwise excused by the city council, city manager or board or committee prior to or during a
37 specific meeting. The provisions of section 2-63(3) and (4) of the City Code regarding security
38 system plans shall be applicable to boards and committees. (end of underlined text)
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40 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
41 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
42 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
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44 Section 5. Incorporation Into Code. This Ordinance shall be incorporated into the
45 Cape Canaveral City Code and any section or paragraph,number or letter and any heading may be
46 changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and
47 like errors may be corrected and additions, alterations, and omissions, not affecting the
48 construction or meaning of this Ordinance and the City Code may be freely made.
City of Cape Canaveral
Ordinance No.02-2018
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2 Section 6. Severability. If any section, subsection, sentence, clause,phrase,word or
3 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
4 competent jurisdiction,whether for substantive,procedural or any other reason, such portion shall
5 be deemed a separate, distinct and independent provision, and such holding shall not affect the
6 validity of the remaining portions of this Ordinance.
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8 Section 7. Effective Date. This Ordinance shall become effective immediately upon
9 adoption by the City Council of the City of Cape Canaveral, Florida.
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11 ADOPTED by the City Council of th ity of Cape Canaveral, Florida, this 17th
12 day of April, 2018.
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14 Seal of Cape Canaveral, Florida Signature
15 Bob Hoog, Mayor
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17 ATTEST: For Against
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19 Signature Mike Brown x
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21 Mia Goforth, CMC Robert floog x
22 City Clerk
23 Wes Morrison Second
24 1st Reading: March 20, 2018
25 Advertisement: April 5, 2018 Rocky Randels Motion
26 2nd Reading: April 17, 2018
27 Angela Raymond x
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29 Approved as to legal form and sufficiency
30 for the City of Cape Canaveral only by:
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32 Signature
33 Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No.02-2018
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