HomeMy WebLinkAboutDeBary Policies thru ResSOLUTION NO. 15-20
A SOLUTION OF THE CITY COUNCIL OF THE CITY OF DEBARY,
FLORIDA ADOPTING NEW RULES AND REVISIONS GOVE'. ING
THE MANNER IN WHICH COUNCIL MEETINGS A,`: CONDUCTED;
ADOPTING RULES OF CONDUCT AND PROCEDURE FOR CITY
COUNCIL MEETINGS AND PROVIDING FOR PUBLIC
PARTICIPATION AT COUNCIL WOSHOPS; PROVIDING FOR
SEVE BILITY, CONFLICTS, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to Article IV, Section 4.12 of the Charter of the City of DeBary
(the "City"), the City Council shall determine its own rules and order of business for City
Council proceedings; and
WHEREAS, the City has previously established specific standards and procedures for
public meetings, quasi-judicial proceedings, and public workshops; and
WHEREAS, the City Council recognizes that established law provides that City Council
proceedings constitute a limited public forum, which is subject to reasonable limitations and
regulations recognizing significant governmental interests including, but not limited to, proper
decorum, the conducting of orderly and efficient meetings, controlling the City agenda and
remaining on topic to the matters at issue, managing time, and preventing unreasonable
interruptions and disruptions; and
WHEREAS, the City Council desires to maintain a professional and respectful decorum
and provide for non -disruptive public meetings and workshops in the interests of all persons
involved and those in attendance, for the City to effectuate fair and orderly completion of City
business, and to secure the just, speedy, and inexpensive determination of matters and issues
relating to the City; and
WHEREAS, the City Council desires to balance the freedom of speech and freedom of
expression protections afforded by federal and Florida law with the significant governmental
interests of the City relating to decorum, efficiency, and other matters effecting the City's ability
to conduct business and address City related matters; and
WHEREAS, the City Council shall provide a warning and ample alternative channels to
speakers who have had their speech, comments, or presentations curtailed or who must be
removed from public meetings or workshops. Such alternative channels may include, but are not
limited to, an opportunity to present the City Council with written or other documentary
evidence; and
WHE AS, the City Council desires that the rules and procedures for public meetings
and workshops be amended, clarified, and restated as provided herein.
IT IS HE' BY ' SOLVED BY THE CITY OF DEBARY AS FOLLOWS:
SECTION 1. Recitals. The above recitals are true and accurate and are fully restated and
incorporated herein.
SECTION 2. Adoption for Rules of Order. The City Council shall follow Robert's Rules of
Order Newly Revised, (l Oth Edition) ("Robert's Rules of Order) as a general guideline in the
conduct of regular and special City Council meetings. The City Council recognizes that Robert's
Rules of Order are not applicable to every procedural matter governing a public official in the
state of Florida and such parliamentary rules shall not govern to the extent inconsistent with
Florida law, the Charter of the City, the City Code of Ordinances, and any other procedural rules
the City Council may adopt from time to time. Failure to follow or adhere to the procedural
rules set forth herein shall not affect the validity of the action taken by the City Council.
SECTION 3. Voting. All City Council members in attendance shall vote on all City Council
action, except when, with respect to any such member, there is, or appears to be, a possible
conflict of interest as defined in chapter 112, Florida Statutes, and as otherwise provided by
general law. The Mayor, without relinquishing the Chair, and all other City Council members
may make a motion, second a motion, participate in discussion, and vote on a motion. The
Mayor or other City Council member presiding as the Chair shall not be deprived of any rights
and privileges as a member of the City Council by reason of his/her serving as the Chair. As the
Charter provides, roll call voting shall be required upon the specific request of a City Council
member, and the City Clerk shall record such vote in the minutes. Otherwise, all voting shall be
by ayes and nays.
SECTION 4. Points of r er. Members of the City Council have the exclusive right to raise
questions of procedure or a point of order to the Chair and have the Chair rule on the procedure
or point of order. Any member of the City Council may appeal the decision of the Chair on a
procedure or point of order to the entire City Council.
SECTION 5. Agenda. The City Manager is directed to prepare agendas for all City Council
meetings. The agenda for each meeting shall be delivered to each City Council member at least
forty-eight (48) hours prior to the time set for the meeting. The order of all regular meeting
agendas shall be as follows:
I. Call to Order
i. Moment of silence/invocation
ii. Flag salute
II. Roll Call
III. Committee Reports
IV. Public Participation For Any Issue Not On the Agenda
V. Approval of Minutes
VI. Additions, Deletions, or Amendments to the Agenda
VII. Presentations
VIII. Consent Agenda
IX. Public Hearings
X. Growth Management and Development Review
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XI. Old Business
XII. New Business
XIII. Council Member/ Staff Reports
Adjournment
The City Council, by majority vote of its members present, may modify the agenda to rearrange
the order of the agenda. The City Council, by a majority vote of its members present may
modify the agenda to add additional items to the agenda provided that the City Council may hear
such additional items without violating any notice provision required by Florida law, the Charter
of the City, the City Code of Ordinances, or the City Land Development Code. Items placed on
the Consent Agenda should be those of a routine and non -controversial nature. The Consent
Agenda may be accepted by the City Council by a single vote without discussion, unless a
member should request an item be removed for further discussion. Any item pulled for a
discussion will be considered by the City Council at the conclusion of the Consent Agenda. The
time limit for any presentation shall be no longer than fifteen (15) minutes. However, at the City
Council's discretion, the time limit may be extended by a majority vote.
SECTION 6. Public Input Standards. The following standards and procedures shall apply to
public input at City public hearings, meetings and workshops. Copies of these standards and
procedures shall be made available at all public hearings, meetings and workshops upon request,
and the City Council may require these standards and procedures to be posted or otherwise
displayed during public hearings, meetings and workshops:
Individuals wishing to address the City Council on any matter shall fill out a speaker form and
shall return such form to the City Clerk prior to that item being heard by the City Council or
prior to the Public Comment / Comment for City Issues Not on the Agenda period, as applicable.
Any member of the public addressing the City Council shall first state his or her name and
address. If the item relates to a matter on the City Council agenda, then the speaker shall follow
the recitation of his/her name and address with a concise statement of his/her position on the
agenda item under discussion.
(1) Public Participation / Comment for City Issues Not on the Agenda: Individuals
may address the City Council on issues not on the City Council agenda during the time allotted
on the agenda for Public Comment / Comment for City Issues Not on the Agenda. Such public
participation and/or comment shall be limited to local City of DeBary issues and matters or of
concern to its citizens.
(2) Presentations and Comments on City Council Agenda Items: Individuals who
wish to address the City Council on agenda items where public presentations are permitted shall
address the City Council after City staff and applicant input, if any, and prior to the City Council
deliberation of the City Council Agenda item. Individuals shall not address the City Council
after commencement of City Council deliberation on an agenda item after public input has
concluded; however, the Mayor and members of the City Council have the discretion to recall
individuals to provide additional information or to answer questions.
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(3) Time Limitations: Members of the public shall be allowed three (3) minutes for
comment during public participation for any issue not on the City Council agenda. Members of
the public shall be allowed five (5) minutes for comment on any item that is listed on the City
Council meeting and workshop agendas.
(4) Submission of Written Statements and Other Documentation: The City Council
encourages the submission of written statements and other documentation in lieu of or in
addition to oral testimony or comment.
(5) Standards and Decorum for Public Hearings and Workshops:
(a) City Council to be Addressed as a Whole. All remarks, comments,
presentations, and the like shall be addressed to the City Council as a whole unless the
individual is answering a question of a specific member of the City Council or City staff.
(b) Personal Attacks and Insults. The City Council and City staff encourages
constructive criticism. Notwithstanding the preceding, all personal attacks shall be
prohibited. This prohibition applies to members of the City Council, City staff, citizens
of the City, and members of the audience. The Chair shall determine whether the
purported constructive criticism actually constitutes inappropriate personal attacks based
upon whether or not the comment(s) in question reasonably relate to the performance and
qualifications of the target of such criticism or are comments that have no bearing on
performance and qualifications and serve no purpose other than to insult, belittle, or
denigrate the target of such criticism. The Chair's decision may be appealed by members
of the Council to the Council.
(c) Disruptions and Decorum. All speakers, City Council members, members
of the public, and anyone in attendance at City Council meetings are requested to afford
the utmost courtesy to members of the City Council, City staff, other members of the
public appearing before the Council, and members of the audience, and shall refrain at all
times from rude or derogatory remarks, disruptions, reflections as to integrity, slander,
abusive comments, profanity, vulgarities, and statements as to personalities. There shall
be no vulgar language, threats, fighting words, statements or other statements or actions
that encourage or incite people to break the law or disrupt the public meeting such that
the orderly and proper business of the public is unduly delayed or otherwise
compromised during City Council meetings. The Chair and City Council have the right
to find a violation of this subsection in the event a person's conduct or speech is, by way
of example and not limitation, duplicative, irrelevant, redundant, constitutes a display of
abusive behavior, or is otherwise causing substantial disruption.
(d) Warnings and Removal. In the discretion of the Chair and City Council,
any violation of the provisions of this Resolution may result in the issuance of verbal
warnings relating to any disruptions, curtailing of the speaker's comments or
presentation, or removal from the public meeting. The Chair shall issue a verbal warning
to any person determined to be in violation of the provisions of this Resolution.
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Following the issuance of an initial verbal warning, the Chair may, in the Chair's
discretion, issue further verbal warnings, curtail or otherwise conclude a speaker's
comments or presentation, or remove such person or persons in the event additional
violations of the provisions of this Resolution occur. In the event a presentation,
testimony, or comment period is curtailed in accordance with this subsection, the Chair
may accept and encourages submission of written statements or other documentation to
afford ample alternative channels for the speaker to have an opportunity to convey his or
her message, testimony, or viewpoint to the City Council. The Chair's decision may be
appealed by members of the Council to the Council.
SECTION 7. Meeting i es. All City Council meetings shall be public and shall be scheduled
to commence no earlier than 7:00 a.m. and no later than 10:00 p.m. All City Council meetings
shall conclude no later than 11:00 p.m., unless extended by a majority vote of the City Council.
SECTION . Verbatim ra scr ts. Any person who decides to appeal any decision made by
the City Council with respect to any matter considered at any meeting or hearing will need a
record of the proceedings and may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which the appeal is to be heard, in
accordance with section 286.0105, Florida Statutes.
SECTION . Suspension of Rules. Any procedure set forth in this Resolution not mandated by
Florida law, the City Charter or the City Code of Ordinances may be suspended by a vote of a
majority of the City Council.
SECTION 10. Conflicts. This Resolution shall supersede any previous resolutions, rules, and
order of business for City Council proceedings adopted by the City Council. Notwithstanding
the preceding, Resolution No.: 15-21 shall be supplemental to this Resolution, and Resolution
No.: 15-21, which applies to quasi-judicial proceedings, shall control to the extent of any conflict
with this Resolution.
SECTION 11. Severability. If any portion, word, phrase, clause, or sentence of this Resolution
is determined by a court of competent jurisdiction to be invalid, unconstitutional, unenforceable
or void, then the balance of the Resolution shall continue in full force and effect.
SECTION 12. Effective Date. This Resolution shall take effect immediately.
ADOPTED this 0May of ,V
,n.
5
2015.
ATTEST:
(7.. Dan Parrott, Cit.
or/ City Clerk
CITY COUNCIL
CITY OF DEBARY, FLORIDA
RESOLUTION NO. 15-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEBARY,
FLORIDA ADOPTING NEW RULES AND REVISIONS GOVE':' ING
CITY COUNCIL PROCEDURES AND POLICIES FOR QUASI-
JUDICIAL PROCEEDINGS; PROVIDING SUPPLEMENTAL
STANDARDS APPLICABLE TO QUASI-JUDICIAL PROCEEDINGS;
PROVIDING FOR SEVEBILITY, CONFLICTS, AND AN EFFECTIVE
DATE.
WHEREAS, pursuant to Article IV, Section 4.12 of the Charter of the City of DeBary
(the "City"), the City Council shall determine its own rules and order of business for City
Council proceedings; and
WHE' AS, the City Council recognizes that established law provides that Council
proceedings constitute a limited public forum, which is subject to reasonable limitations and
regulations recognizing significant governmental interests including, but not limited to, proper
decorum, the conducting of orderly and efficient meetings, controlling the City agenda and
remaining on topic to the matters at issue, managing time, and preventing unreasonable
interruptions and disruptions; and
WHEREAS, the City Council recognizes that certain decisions of the City Council are
quasi-judicial in nature, and in such matters it may be a fundamental requirement that parties and
interested persons in relation to such quasi-judicial proceedings be given an opportunity to be
heard and otherwise be afforded procedural due process; and
WHEREAS, the City Council desires to maintain a professional and respectful decorum
and provide for non -disruptive quasi-judicial proceedings in the interests of all parties involved,
for the City to effectuate fair and orderly completion of City business, and to secure the just,
speedy, and inexpensive determination of every quasi-judicial proceeding;
WHEREAS, the City Council desires to balance the freedom of speech and freedom of
expression protections afforded by federal and Florida law with the significant governmental
interests of the City relating to decorum, efficiency, and other matters effecting the City's ability
to conduct business and address quasi-judicial matters; and
WHEREAS, the City Council shall provide ample alternative channels to speakers who
have had their speech curtailed or have been removed from quasi-judicial proceedings, which
may include, but are not limited to, an opportunity to present the City Council with written or
other documentary evidence that shall be made part of the record for that quasi-judicial
proceeding upon the request of the speaker at the time the speaker is asked to be seated or is
removed; and
WHEREAS, the City Council has determined it necessary to enact more exacting
provisions in relation to quasi-judicial proceedings such that this Resolution shall control to the
extent of any conflict with any previously enacted City resolution relating generally to City
Council public hearings or workshops;
WHEREAS, the City Council desires that the rules and procedures for certain quasi-
judicial proceedings of the City be amended, clarified, and restated as provided herein.
IT IS HE BY ' SOLVED BY THE CITY OF DEBARY AS FOLLOWS:
SECTION 1. Recitals. The above recitals are true and accurate and are fully restated and
incorporated herein.
SECTION 2. Order of Business. 'The City Council shall implement the following quasi-
judicial process as a procedural guideline in the conduct of meetings wherein quasi-judicial
decisions are required to be made by the City Council.
Order of Business:
(1) Statement to the public outlining the quasi-judicial process and relevant rules of conduct
and decorum of proceedings;
(2) Swear in witnesses;
(3) Disclosure of ex parte communications by City Council;
(4) Presentation of proposal by City staff (10 minutes allotted);
(5) Applicant's case (15 minutes allotted; all or any portion of the 15 minutes may be
reserved for rebuttal);
(6) Supporters / objectors / public participation comments (individuals are allowed 3 minutes
each; groups are allowed 6 minutes per group). The City strongly recommends that a
spokesperson is selected for all groups;
(7) Applicant's rebuttal (10 minutes allotted for rebuttal plus any time reserved from
Applicant's case as referenced in subparagraph (5) above;
(8) Deliberations and questions among the City Council (questions and comments to the City
staff, applicant, supporters, objectors, and public, as necessary and in the discretion of the
City Council); and
(9)
Action by the City Council.
SECTION 3. Rules of Conduct and Decorum of Proceedings.
(1)
City quasi-judicial proceedings shall conform to the Public Input Standards set forth in
Resolution No.: 15-20, including the Standards and Decorum provisions contained
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therein, except as modified herein. All speakers are encouraged to review and conform to
the standards set forth in this Resolution and Resolution No.: 15-20. Copies of this
Resolution and Resolution No.: 15-20 shall be made available at all quasi-judicial
proceedings upon request.
(2) All speakers are encouraged to offer unique testimony, evidence, and perspectives on the
quasi-judicial matter at issue and are otherwise discouraged from providing duplicative,
irrelevant, or redundant testimony, evidence, or perspectives.
(3)
Notwithstanding the time limits outlined herein or otherwise previously announced or
applied at any quasi-judicial proceeding, the Chair and City Council have the right to
curtail a presentation if such presentation is determined to be duplicative, irrelevant,
redundant, or is otherwise inappropriate or disruptive or not in the best interests of the
orderly and efficient performance of City business. By way of example, but not
limitation, inappropriate and disruptive conduct may include, but is not limited to, the use
of profanities or vulgarities, the display of abusive behavior, engaging in personal
attacks, or otherwise causing substantial disruption of the quasi-judicial proceeding in
any manner or which may violate the rules of Resolution No.: 15-20. The Chair's
decision may be appealed by members of the Council to the Council.
(4) Depending upon the complexity of the matter, the time available for hearing, the number
of persons wishing to speak, or any other factor found by the Chair to be in the best
interests of the City, the Chair may extend, contract, or combine the time allotted to any
or all of the participants at a quasi-judicial proceeding so as to ensure a full and fair
hearing. Such extension or contraction may be made notwithstanding the time limits
outlined herein or otherwise previously announced or applied at any quasi-judicial
proceeding. Moreover, the Chair and City Council have the right to extend a presentation
or grant additional time if additional information or clarification is desired. The Chair's
decision may be appealed by members of the Council to the Council.
(5)
In the event a speaker's presentation or comments are curtailed due to a violation or
violations of subparagraph (2), in accordance with section (4), subparagraph (2), the
Chair and City Council shall accept and encourages submission of written statements
and/or other documentation or evidence in the speaker's possession at the time the
speaker's presentation or comments are curtailed, or the speaker is otherwise asked to be
seated or is removed. Such documentation, written statements, or other evidence shall be
made a part of the record of the quasi-judicial proceeding.
SECTION 4. Additional Procedures for Quasi -Judicial Proceedings.
(1) At the beginning of the quasi-judicial proceeding, persons intending to present testimony
during the quasi-judicial proceeding will be sworn so that their testimony will be under
oath. Speakers are asked to complete in its entirety the Speaker Card prior to the
commencement of the particular quasi-judicial proceeding. Speakers are also asked to
initially state their names and addresses prior to giving any testimony or comments.
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(2) The submission of written statements and other documentation in lieu of or in addition to
oraltestimony is permitted and encouraged.
(3)
Persons speaking at the quasi-judicial proceeding and holding themselves out to be expert
witnesses or substantially affected parties shall be sworn and will be subject to cross-
examination as permitted by the City Council.
SECTION 5. Severability. If any portion, word, phrase, clause, or sentence of this Resolution
is determined by a court of competent jurisdiction to be invalid, unconstitutional, unenforceable
or void, then the balance of this Resolution shall remain in full force and effect.
SECTION . Conflicts. This Resolution shall be supplemental to Resolution No.: 15-20
relating to general rules and procedures for City Council public meetings and workshops, and
this Resolution shall control to the extent of any conflict with Resolution No.: 15-20 in relation
to quasi-judicial proceedings. Otherwise, this Resolution shall supersede any previous rules and
order of business for City Council quasi-judicial proceedings adopted by the City Council.
SECTION 7. Effective Date. This Resolution shall take effect immediately.
ADOPTED this Y day of Nov 1, t s • g c2015.
CITY COUNCIL
CITY OF DEBARY, FLORIDA
........................
Clint Jo l Mayor
ATTEST:
Dan Parrott, Acting Cit Clerk
S:1AKA\CLIENTS\DeBary,City of\General D334-16191\Public Meetings\Meeting Conduct Resolutions Etc\Quasi-Judicial Conduct Resolution -
10-26-15.docx
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RESOLUTION NO. 17-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEBARY,
FLORIDA; CLARIFYING AND AMENDING THE RULES
GOVERNING THE CONDUCT OF, PROCEDURES FOR, AND PUBLIC
PARTICIPATION AT PUBLIC MEETINGS, HEARINGS, AND
WORKSHOPS, AS SET FORTH IN RESOLUTION NO. 15-20, TO
REFLECT THE LATEST EDITION OF ROBERTS RULES OF ORDER;
PROVIDING FOR NO EFFECT ON VALIDITY, AUTHORIZATION OF
CITY STAFF, SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to Article IV, Section 4.12 of the Charter of the City of Debary,
the Council shall determine its own rules and order of business for City Council proceedings;
and
WHEREAS, in Resolution 15-20, the City Council amended and adopted rules and
procedures governing the conduct of, procedures for, and public participation at public meetings,
hearings, and workshops (the "Rules"); and
WHEREAS, the City Council wishes to amend the Rules to reflect the latest edition of
Roberts Rules of Order to be used for the conduct of meetings, as a new edition of such has been
published, and to provide for similar future amendments.
IT IS HEREBY RESOLVED BY THE CITY OF DEBARY AS FOLLOWS:
SECTION 1. Amendment. The provision of the Rules set forth in Section 2 of
Resolution 15-20 is hereby amended as follows (words that are stricken out are deletions; words
that are underlined are additions):
The City Council shall follow Robert's Rules of Order Newly Revised, (110th Edition)
("Robert's Rules of Order) as a general guideline in the conduct of regular and special
City Council meetings. The City Council recognizes that Robert's Rules of Order are not
applicable to every procedural matter governing a public official in the state of Florida
and such parliamentary rules shall not govern to the extent inconsistent with Florida law,
the Charter of the City, the City Code of Ordinances, and any other procedural rules the
City Council may adopt from time to time. Failure to follow or adhere to the procedural
rules set forth herein shall not affect the validity of the action taken by the City Council.
SECTION 2. No Effect on Validity. Failure to utilize the latest edition of the Robert's
Rules of Order in the conduct of a public meeting or workshop, or the use of a different edition
than the one described in the Rules, shall have no effect on the validity of such public meeting or
workshop or any action or determination by the City Council or others at such meeting or
workshop.
SECTION 3. City taf Direction and Authorization. The City Clerk is authorized to
update the Rules as deemed appropriate to reflect the amendment provided for in Section 1 of
this Resolution. The City Clerk is authorized but not required to update the Rules in the future to
reflect the newest edition of Robert's Rules of Order each time a new edition is published. The
City Clerk is authorized but not required to create or approve a separate document(s) setting
forth the rules and procedures contained in Resolution 15-20 and/or 15-21 and amendments
thereto, using such formatting and numbering as may be deemed appropriate without altering the
substance or meaning of such rules and procedures.
SECTION 4. Severability. If any portion, word, phrase, clause, or sentence of this
Resolution is determined by a court of competent jurisdiction to be invalid, unconstitutional,
unenforceable or void, then the balance of the Resolution shall continue in full force and effect.
SECTION 5. Effective Date. This Resolution shall take effect immediately.
ADOPTED this 1st Day of March, 2017.
ATTEST:
CITY COUNCIL
CITY OF DEBARY, FLORIDA
Warren Graham, City Clerk Bob a arcia, Mayor