HomeMy WebLinkAboutR-1985-028 RESOLUTION NO. 28-85
A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
PRESCRIBING RULES OF PROCEDURE FOR CITY
COMMISSION MEETINGS ; AND PROVIDING THAT ALL
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CON-
FLICT HEREWITH BE REPEALED TO THE EXTENT OF
SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE
DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA:
Section 1. AUTHORITY
1. 1 Charter: The Charter of the City of Dania provides that :
"The Commission shall prescribe its own rules , regulations and order
of business , and shall keep minutes of its proceedings" . (Part II ,
Article 7 , Section 5) Accordingly, the following rules shall take
effect immediately upon adoption by the city commission and shall
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i remain in effect until such time as new rules are adopted by the
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city commission.
Section 2. DEFINITIONS
2. 1 : For the purpose of these rules the word, "mayor" shall
include the vice mayor and the mayor pro tem, when appropriate; the
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word, "commission" shall mean city commission ; and the word, "city"
shall mean the City of Dania , Florida.
k. Section 3. GENERAL RULES
3 . 1 Meetings to be Public• All official meetings of the com-
mission, except where state and local law allows executive sessions
for certain limited topics , shall be public . The minutes of the pro-
ceedings , except those for the said executive sessions , shall be open
to public inspection.
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) I
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3 . 3 Minutes of Proceedings : An account of all proceedings
of the commission shall be kept by the city clerk and entered in a
book constituting the official record of the commission.
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3 . 4 Ordinances and Resolutions Confined to One Subject: Each
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ordinance or resolution shall be introduced in writing and shall
embrace but one subject and matters properly connected therewith.
The subject shall be clearly stated in the title. (Section 166. 041(2) ,
lFlorida Statutes)
3 . 5 Right of Floor: Any member desiring to speak shall be
recognized by the mayor and shall confine his or her remarks to the
subject under consideration or to be considered.
3 . 6 City Manager: The city manager shall attend all meeting
of the commission unless excused. The city manager may make recom-
mendations to the commission and shall have the right to take part
in all discussions of the commission, but shall have no vote.
3 . 7 City Attorney: The city attorney shall attend all meetings
of the commission unless excused and shall, upon request , give
opinions , either written or oral , on questions of law. The city "
attorney shall act as the commission' s parliamentarian.
3 . 8 City Clerk: The city clerk shall attend all meetings of
the commission unless excused and shall keep the official minutes
and perform such other duties as may be required.
3. 9 Officers and Employees : Department heads of the city,
when there is pertinent business from their departments on the agenda,
shall attend such commission meetings when requested by the city
manager. The police chief or a designated subordinate shall attend
all commission meetings .
3 . 10 Rules of Order: "Roberts Rules of Order Revised" shall
govern the proceedings of the commission in all cases , unless they
are in conflict with these rules .
Section 4 . TYPES OF MEETINGS
4. 1 Regular Meeting: The commission shall meet in the
commission chambers for regular, adjourned and special meetings .
The regular commission meetings are to commence at 8: 00 P .M. , on
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the second and fourth Tuesday of each month, unless otherwise speci-
fied at least two (2) weeks in advance.
4 . 2 Biennial Organizational Meeting: On the first Tuesday
following each biennial regular election, the city commission shall
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meet at the usual place for holding the meetings of the legislative
i body of the city, at which time the newly elected city commissioners
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jshall take the prescribed oaths of office and assume the duties of
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their respective offices . (Part II , Article 7 , Section 1 , City
Charter)
4. 3 Special Meeting to Seat a New Member: On the first Monday
following the election of a new member, elected at other than a bi-
ennial regular election, the commission shall meet to receive such
new member. (Part II , Article 7 , Section 2 , City Charter)
4. 4 Special Meetings : The mayor, any two (2) members of the
city commission or the city manager may call special meetings of the
,. city commission upon at least six (6) hours written notice to each
member, the city manager, city clerk-auditor, city attorney and w ,
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chief of police , served personally or left at his/her usual place of
residence. The regularity or validity of any proceedings , taken at
any special meeting at which a majority of members of the city
commission and the city clerk are present shall not be questioned on
account of any omission or irregularity in calling such a special
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meeting. The call for a special meeting shall specify the day, the
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hour and the location of the special meeting and shall list the sub-
ject or subjects to be considered. Only such business may be trans-
acted at a special meeting as may be listed in the call for said
meeting or an incident thereto.
4 . 5 Adjourned Meetings : Any meeting of the commission may be
adjourned to a later date and time , provided that no adjournment
shall be for a longer period than until the next regular meeting.
4 . 6 Workshop Meetings : The commission may meet informally
in workshop meetings (open to the public) at the call of the mayor,
or any two (2) members of the commission or city manager, to review
forthcoming programs of the city, receive progress reports on current I 1
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programs or projects , or receive similar information from the city
manager. No vote or polling of the commissioners shall be taken at
said workshop meetings .
4. 7 Emergency Meetings : Emergency meetings may be held on the
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j call of the mayor, two (2) members of the commission or the city
manager whenever there is a public emergency affecting life, health
property or the public peace, and whenever practicable , upon no less
than one (1) hour notice to each member and the public .
4.8 Attendance of Media at Commission Meetings : All official
meetings of the city commission and its committees shall be open to
the media , freely subject to recording by radio, television and
photographic services at any time, provided that such arrangements
do not interfere with the orderly conduct of the meetings .
Section 5. MAYOR AND DUTIES
5 . 1 Mayor - Commissioner: The mayor-commissioner, if present ,
shall preside at all meetings of the commission. In the absence of
the mayor , the vice mayor shall preside. In the absence of the
mayor and the vice mayor, any member of the city commission may be
designated as mayor pro tem for such meeting. The mayor shall have
a vote in the proceedings of the city commission and shall vote last
upon roll call. (Part III , Article 2 , Sections 2 & 3(a) , City Charter)
5 . 2 Call to Order: The meetings of the commission shall be
called to order by the mayor, or in his or her absence , by the vice
mayor. In the absence of both the mayor and the vice mayor, the
meeting shall be called to order by the city clerk for the selection
of a mayor pro tem from any of the commissioners present.
5. 3 Preservation of Order: The mayor shall preserve order and
decorum; and, confine the debate of the commissioners and the public
to the question under discussion.
5 . 4 Points of Order: The mayor shall determine all points of
order , subject to the rights of any member to appeal to the commission.
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If any appeal is taken, the question shall be, "Shall the decision of
the mayor be sustained?"
5. 5 Questions to be Stated: The mayor shall state all questions
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submitted for a vote and announce the result. A roll call vote shall
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be taken for the adoption of an ordinance or resolution. A roll call
vote may be taken on matters other than ordinances and resolutions
upon the request of any member of the commission.
5 . 6 Substitution for Mayor: The mayor may call on the vice
mayor to temporarily conduct the meeting in
order
act to
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Such substitution shall not continue beyond
Sect_ ORDER OF BUSINESS AND AGENDA
1 The general rule as to the order of
6 . 1 Order of Business :
ings shall be as follows :
business in regular meet
d Pledge of Allegiance to the Flag
1, Invocation an
2. Call to Order and Roll Call
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3, Consent Agenda
4 , Presentations
5 . Bids
6 , Public Hearings
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7 , Proposals
g , Purchases
9 , Occupational Licenses Requests
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10. Agreements
11. Appointments
12. Discussion
13 . Administrative Reports
*--� 14 . Commission Comments
15 • Citizens ' Comments
16. Adjournment shall be
6 2�Agenda: The order of business of each meeting
under the direction of the city
as contained in the agenda prepared
manager or his designee. The agenda shall be a listing by topic of
ered by the commission Ted
be
subjects to be consid
edingl delivered
the meeting to
to members of the commission each Thursday p
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1 which it pertains .
1 6 .3 Presentation b Members of Commission: The agenda shall
provide a time when the mayor or any commissioner may bring before
e/she feels should be deliberated
the commission any business that h
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upon by the commission. The matters need not be specifically listed
on the agenda, but formal action on such matters shall be deferred
until a subsequent commission meeting, except that immediate action
may be taken upon a vote of a majority of all members of the com-
mission present.
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6. 4 Approval of Minutes : The minutes of a commission meeting
may be approved on the consent agenda if the city clerk previously
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furnished each member with a copy thereof.
Section 7. ORDINANCES , RESOLUTIONS AND MOTIONS
7. 1 Form: Ordinances and resolutions shall be presented to
the commission only in printed or typewritten form.
7. 2 City Attorney to Approve: All ordinances and resolutions
shall be "Approved as to Form and Correctness" by the city attorney.
Such approval shall be so indicated by signature on the last page of
� the ordinance or resolution before presentation to the commission.
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7 . 3 City Manager to Review: All ordinances and resolutions
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shall be reviewed by the city manager. Such review shall be so indi-
cated by recommendation included in the agenda backup material pre- I ,.
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sented to the commission.
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7. 4 Distribution of Ordinances and Resolutions : The city
manager or his designee shall have copies of all proposed ordinances
prepared for distribution to all members of the commission with the
agenda backup material for the commission meeting at which the ordi-
nance is to be introduced.
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7. 5 Ordinances Deferred Emergencies: Ordinances introduced
at a commission meeting on first reading shall not be finally acted
upon no sooner than the next official meeting of the commission;
except that an emergency ordinance may be acted upon on first and
second readings at the same meeting by an affirmative vote of at
least two-thirds (four [ 4] members) of the commission.
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7. 6 Reading by Title Only: Upon being introduced, each pro-
posed ordinance shall be read by title only, unless any member of j
the commission requests a full reading of the ordinance.
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7. 7 Consideration of Ordinances : Each proposed ordinance
shall be read by title or in full two times. Except in case of a
i bill for an emergency ordinance, not more than one such reading
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shall be on the same day, and at least ten (10) days shall elapse
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between introduction and final passage.
7. 8 Recording of Votes : The yeas and nays shall be taken upon
the passage of all ordinances and resolutions and entered upon the
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official record of the commission . (Section 166. 041 (4) , Florida
Statutes)
7. 9 Majority Vote Required: An official vote of a majority of
j a quorum present is necessary to pass a motion, except that 2/3
(4 members) of the membership of the commission is required to adopt
an emergency ordinance.
7. 10 Tie Vote: In the event of a tie in votes on any motion,
the motion shall fail .
7. 11 Numbering Ordinances and Resolutions : Upon passage , a
number shall be assigned to each ordinance or resolution by the city
clerk.
7. 12 Ordinance and Resolution Passage Procedure : When passed
by the commission, all ordinances and resolutions shall be signed
by the mayor and be attested by the city clerk and it shall be im-
mediately filed and thereafter preserved in the office of the city
,.... clerk.
7. 13 Requests for Ordinances or Legal Opinions : Any member of
the city commission may request the city manager to have prepared w
proposed ordinances with such ordinances to be placed on the agenda
of the next scheduled commission meeting , provided the ordinance can
be drafted and distributed to members of the commission in accordance
with time schedules set forth in 7 . 4 of these rules . Any member of
the city commission may request verbal or written legal opinions re-
lating to city business from the city attorney.
7 . 14 Voting Conflicts : No member of the city commission may
vote in his or her official capacity upon any measure which inures
to his/her special private gain and shall , prior to the vote,
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publicly state to the assembly, the nature of his/her interest in
the matter from which he/she is abstaining and within fifteen ( 15) �
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days after the vote, file a memorandum of voting conflict with the
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city clerk who shall incorporate it into the minutes .
Section 8. CREATION OF COMMITTEES , BOARDS & COMMISSIONS
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8. 1 Citizen Committees , Boards and Commissions : The commission
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may create committees , boards and commissions to assist in the con-
duct of the operation of the city government with such duties as the
commission may specify not inconsistent with the City Charter or
City Code.
8. 2 Membership and Selections : Membership and selection of
members shall be as provided by the commission if not specified by
the City Charter or City Code. Any committee, board or commission
so created shall cease to exist upon the accomplishment of the
special purpose for which it was created, or when abolished by a
majority vote of the commission. No committee so appointed shall
have powers other than advisory to the commission, except as other-
wise specified by the City Charter or City Code. A volunteer
membership list shall be established and distributed to the city
commission to aid in their selection of board, committee and com-
mission members .
8 . 3 Removal of Members of Boards , Committees and Commissions :
ti The commission may remove any member of any board, committee or
commission which it has created or as created by the City Charter
by a vote of at least a majority of the commission.
Section 9. CITIZEN 'S COMMENTS AS AN AGENDA ITEM
9. 1 Addressing the Commission: Comments by Dania citizens or
interested parties that are not a part of the regular agenda must
be given in writing or communicated verbally prior to 4 : 00 P.M. the
second (2nd) and fourth (4th) Mondays of each month. Comments of
any nature will be responded to by the office of the city manager.
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j In the event that the concern remains unresolved, the citizen(s) or
party may be placed on the citizen' s comments agenda and asked to
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address the city commission during the meeting. Emergencies may be
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given to the mayor, a city commissioner or the city manager prior to
the beginning of the meeting . The mayor or commissioners may relin-
quish part or all of their comment time to a citizen's request if
they so desire.
9 . 2 Manner of Addressing the Commission - Time Limit: Each
person addressing the commission shall step up to the microphone,
shall give his/her name and address in an audible tone of voice for
the record and, unless further time is granted by the commission, shall
limit his/her address to three minutes . All remarks shall be addressed
to the commission as a body and not to any member therof. No person
other than members of the commission, city manager and the person
having the floor shall be permitted to enter into any discussion,
either directly or through the members of the commission. When re-
quested by any member of the commission, the city manager, city
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f attorney, as well as staff members , may enter into discussion. No
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questions shall be asked the commissioners , except through the mayor.
9 . 3 Personal and Slanderous Remarks : Any person making per-
sonal , impertinent slanderous remarks , or who shall become boisterous ,
while addressing the commission, may be required to leave the meeting
and may be barred by the mayor from further audience before the
commission.
9 . 4 Reading of Protests : Interested persons or their authorized
representatives , may address the commission for the reading of pro-
tests , petitions , or communications relating to any matter over which
the commission has control when the item is under consideration by
the commission, if a majority of the commission present agrees to
let them be heard.
9. 5 Written Communications : Interested parties or their
authorized representatives , may address the commission by written
communication in regard to any matter concerning the city ' s business
or over which the commission has control at any time by direct mail
or by addressing such communication to the city clerk who will dis-
tribute copies of same to the commissioners.
Section 10. SUSPENSION AND AMENDMENT OF THESE RULES
10. 1 Suspension of These Rules : Any provision of these rules 1
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not governed by the City Charter, State Statutes or City Code, t
may be temporarily ended by a vote of a majority of the com-
mission.
suspended
1 mission.
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10. 2 Amendment of These Rules : These rules may be amended
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or new rules adopted, by a majority vote of all members of the
commission, provided that the proposed amendments or rules shall
have been introduced into the record at a prior commission meeting. I
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Section 11. That all resolutions or parts of resolutions in
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conflict herewith be and the same are hereby repealed to the extent
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of such conflict .
Section 12. That this resolution shall be in force and take
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effect immediately upon its passage and adoption.
PASSED and ADOPTED on this 23rd day of July 1985.
j - COMMISSIONER
ATTEST:
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I Y CLERK '- AUDITOR
APPROVED FOR FORM AND CORRECTNESS
By
FRANK C. ADLEK, City Attorney
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