HomeMy WebLinkAboutR-2021-070 Amending Resolution 28-85, CC Rules of Procedure, to Authorize Virtual Public MeetingsRESOLUTION NO.2021-070
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING RESOLUTION NO. 28-85, RELATING TO
CITY COMMISSION RULES OF PROCEDURE, TO AUTHORIZE VIRTUAL
PUBLIC MEETINGS, TO AUTHORIZE VIRTUAL ATTENDANCE AT
PUBLIC MEETINGS AND TO AUTHORIZE THE CITY MANAGER TO
CREATE ADMINISTRATIVE RULES FOR THE HEALTH, SAFETY AND
WELFARE OF THE ELECTED OFFICIALS, STAFF PERSONS AND THE
PUBLIC; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, in 1985, the City Commission of the City of Dania Beach, Florida, adopted
Resolution No. 28-85 which established rules of procedure applicable to public meetings, which
Resolution has been amended from time to time; and
WHEREAS, the Mayor and City Commission desire to update the rules of procedure for
City Commission meetings and the use of City facilities to ensure that the health, safety and
welfare of all attendees, including but not limited to elected officials, staff persons, persons doing
business with the City and the general public are protected; and
WHEREAS, the City, operating in its proprietary capacity wishes to regulate and prescribe
acceptable and safe rules of conduct and behavior of persons using City facilities, including
persons who attend City Commission meetings; and
WHEREAS, the Mayor and City Commission desire to ensure that best practices are
adhered to and that the public at large is able to meet and confer safely with City staff and the
elected officials;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That Resolution No. 28-85 is amended to read as follows:
Section 3. GENERAL RULES
3.1 Meetings to be Public. All official meetings of the City Commission, except where
state and local law allows executive sessions for certain limited topics, shall be public. The
minutes of the proceedings, except those for executive sessions, shall be open to public
inspections. Public meetings may include virtual public meetings, with appearances by
elected officials and the public by virtual means. A majority of all members of the City
Commission shall constitute a quorum.
3.2 Quorum and Vote.
A majority of all members of the City Commission shall constitute a quorum but a less
number may adjourn from day to day and compel the attendance of absent members in
such manner and under such penalties as may be prescribed by ordinance. The affirmative
vote of three (3) members shall be necessary to pass any ordinance on a reading or adopt a
resolution, and the passage of all ordinances and resolutions shall be taken by yeas and
nays and entered upon the minutes. (Part II, Article 7, Section 6, City Charter). The Cily
may convene a quorum, virtually, as provided under the City Charter and City Code.
Section 9. CITIZEN'S COMMENTS AS AN AGENDA ITEM
9.1 Addressing the Commission:
La) A thirty (30) minute "Citizen Comments" period shall be designated on the agenda
for citizens and interested persons to speak on matters whether or not scheduled on that
day's agenda. Individuals wishing to speak on a matter not included on the "Public
Hearing" section of the agenda, which matter pertains to an item before the City
Commission which requires a decision of the City Commission, may do so by signing in
and submitting a form to that effect with the City Clerk prior to the meeting. Speakers at
Public Hearings shall also submit such a form. Each speaker shall be limited to 3 minutes
for his or her comments. If more than ten (10) speakers express a desire to speak, the
Commission shall determine on a meeting by meeting basis whether to (a) extend the time
allotted for citizen comments to accommodate all speakers, or (b) whether to limit the
number of speakers or amount of time per speaker. A speaker's time shall not be
transferable to another speaker.
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Comments may be heard virtually when there is a need for City Hall and the
Commission chambers to be closed to the public.
Lcj There are many air -borne illnesses which people can contract by virtue of being in
close contact with one another and therefore, as on ongoing exercise of the general police
power and proprietary authority of the City, the City may from time to time, through the
powers granted to the City Manager, require that certain health measures be implemented,
regardless of the existence of any emergency order(s). Therefore, the City Manager may
close Commission chambers to public participation and may instead authorize virtual
attendance and participation of employees and the public at large at City Commission
meetings. The City Commission may appear virtually at the public meeting. The City
Manager_ may require visitors to City hall, whether to individual departments or to
Commission chambers, to be temperature checked, may require masks to be worn, and may
require social distancingof f six (6) feet to be maintained between persons. Failure to comply
with these measures after advance warning will result in a request to leave the premises
and if there is no compliance, removal of the employee or member of the public failing to
comply with the temperature checks, mask requirements, or social distancing may be
undertaken.
Section 2. That all sections or parts of sections of the resolutions or parts of resolutions
in conflict with the foregoing are repealed to the extent of such conflict.
Section 3. That if any word, phrase, clause, subsection or section of this Resolution is
for any reason held unconstitutional or invalid, the invalidity shall not affect the validity of the
original Resolution or this Resolution.
Section 4. That this Resolution shall take effect immediately upon adoption.
RESOLUTION 42021-070
PASSED AND ADOPTED on May 11, 2021.
ATTEST:
THOMAS SCHNEIDER, CMC
CITY CLERK
APPROVED AST F AND
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CITY
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