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HomeMy WebLinkAboutR-2025-048 Amending Rules of Procedure City Commission Agenda TransparencyRESOLUTION NO. 2025-048 A RESOLUTION OF THE CITY COMMISSION OF THE DANIA BEACH, FLORIDA, PERTAINING TO RESOLUTION 2024-79, WHICH MODIFIED RESOLUTION 28-85, AND PRESCRIBES RULES OF PROCEDURE FOR CITY COMMISSION MEETINGS; AMENDING THE RULES TO INCLUDE REQUIREMENTS FOR PROVIDING BACK UP INFORMATION ON ALL ITEMS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City staff periodically updates its procedures, working towards best practices for the expedient, transparent and efficient addressing of City business; and WHEREAS, The City Commission desires to amend the Rules of Procedure for meetings to ensure transparency and to be able to inform the public and elected officials of proposed items on the agenda, each item must have all available back up information include in the agenda, or circulated at least 48 hours in advance; and WHEREAS, the City seeks to create rules relating to presentations during City Commission meetings. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. Attached and incorporated by reference as Exhibit 1, are the proposed amended Rules for City Commission meetings. Section 2. That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict Section 3. That this Resolution shall be effective 10 days after passage. SIGNATURE PAGE TO FOLLOW 2 RESOLUTION #2025-048 PASSED AND ADOPTED on April 8 , 2025. Motion by Vice Mayor Salvino second by Commissioner Rimoli FINAL VOTE ON ADOPTION: Unanimous ____ Yes No Commissioner Lori Lewellen X ____ Commissioner Luis Rimoli X ____ Commissioner Archibald J. Ryan IV X ____ Vice Mayor Marco Salvino X ____ Mayor Joyce L. Davis ____ X ATTEST: ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY 3 RESOLUTION #2025-048 EXHIBIT 1 AMENDED RULES FOR CITY COMMISSION MEETINGS Section 1. AUTHORITY 1.1 Charter: The Charter of the City of Dania Beach 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 remain in effect until such time as new rules are adopted by the 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 word “Commission” shall mean City Commission; and the word “City” shall mean the City of Dania Beach, Florida. Section 3. GENERAL RULES 3.1 Meetings to be Public: All official meetings of the 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 the said executive sessions, shall be open to public inspection. 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 4 RESOLUTION #2025-048 nays and entered upon the minutes. (Part II, Article 7, Section 6, City Charter). The City may convene a quorum, virtually, as provided under the City Charter and City Code. 3.3 Minutes of Proceedings: An account of all proceedings of the commission shall be kept by the City Clerk. 3.4 Ordinances and Resolutions Confined to One Subject: Each 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), Florida 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 meetings of the Commission unless excused. The City Manager may make recommendations 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. 5 RESOLUTION #2025-048 3.11 Presentations: Each Commissioner presentation should be limited to no more than seven (7) minutes per presentation, and one presentation per meeting. The Administration is not limited in time or number of presentations but shall taken into consideration the length of the agenda before scheduling presentations. Waiver of these rules shall require a motion and vote of the Commission. 3.12 Backup Documents. Consistent with the requirements of Broward County Section 1.07, which provides, that all municipalities shall provide all notices, agendas, and “available” back up materials at least 48 hours in advance, the City Commission shall require back up on all presentations, agenda items, discussion items, etc. for the City Commission meetings be provided in advance, and as part of the agenda back up, or at a minimum, distributed to city commission and available to the public at least 48 hours in advance of the meeting to which the item is to be approved, discussed or presented. Failure to provide back up shall result in the item not being heard, and the item will be rescheduled for a future agenda, once the back up is available. This requirement can only be waived by a 4/5 vote of the City Commission. 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 7:00 P.M., on the second and fourth Tuesday of each month, unless otherwise specified 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 meet at the usual place for holding the meetings of the 6 RESOLUTION #2025-048 legislative body of the City, at which time the newly elected City Commissioners shall take the prescribed oaths of office and assume the duties of 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, and City Attorney, served personally or delivered electronically via e-mail. 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 meeting. The call for a special meeting shall specify the day, the hour and the location of the special meeting and shall list the subject or subjects to be considered. Only such business may be transacted 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 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. 7 RESOLUTION #2025-048 4.7 Emergency Meetings: Emergency meetings may be held on the 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. PRESIDING OFFICER 5.1 Running the Meetings: 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. If any appeal is taken, the question shall be, "Shall the decision of the Mayor be sustained?" 8 RESOLUTION #2025-048 5.5 Questions to be Stated: The Mayor shall state all questions submitted for a vote and announce the result. A roll call vote shall 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 to make a motion. Such substitution shall not continue beyond the action on that motion. Section 6. ORDER OF BUSINESS AND AGENDA 6.1 Order of Business: The general rule as to the order of business in regular meetings shall be as follows: 1. Call to Order/Roll Call 2. Moment of Silence and Pledge of Allegiance 3. Presentations and Special Event Approvals 4. Proclamations 5. Administrative Reports 6. Public Safety Reports 7. Citizens’ Comments 8. Consent Agenda 9. Bids and Requests for Proposals 10. Quasi-Judicial Hearings 11. First Reading Ordinances 12. Second Reading Ordinances 13. Discussion and Possible Action 14. Appointments 15. Commission Comments 16. Adjournment 6.2 Agenda: The order of business of each meeting shall be as contained in the agenda prepared under the direction of the City Manager or his designee. The agenda shall be a listing by topic of subjects to be considered by the Commission and shall be delivered to members of the Commission each Thursday preceding the meeting to which it pertains. 9 RESOLUTION #2025-048 6.3 Presentation by Members of Commission: The agenda shall provide a time when the mayor or any Commissioner may bring before the Commission any business that he/she feels should be deliberated 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 Commission present. 6.4 Approval of Minutes: The minutes of a Commission meeting may be approved on the consent agenda if the City Clerk previously 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 in printed or electronic 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 once approved and/or adopted by the City Commission,. 7.3 City Manager to Review: All ordinances and resolutions shall be reviewed by the City Manager. Such review shall be so indicated by recommendation included in the agenda backup material presented to the Commission. 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 ordinance is to be introduced. 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 10 RESOLUTION #2025-048 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. 7.6 Reading by Title Only: Upon being introduced, each proposed ordinance shall be read by title only, unless any member of the Commission requests a full reading of the ordinance. 7. 7 Consideration of Ordinances: Each proposed ordinance shall be read by title or in full two times. Except in case of a bill for an emergency ordinance, not more than one such reading shall be on the same day, and at least ten (10) days shall elapse 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 official record of the Commission. (Section 166.041(4), Florida Statutes) 7.9 Majority Vote Required: An official vote of a majority of 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 cCty 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 immediately 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 proposed ordinances with such ordinances to be 11 RESOLUTION #2025-048 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 relating 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 insures to his/her special private gain and shall, prior to the vote, publicly state to the assembly, the nature of his/her interest in the matter from which he/she is abstaining and within fifteen (15) days after the vote, file a memorandum of voting conflict with the City Clerk who shall incorporate it into the minutes. Section 8. CREATION OF COMMITTEES, BOARDS & COMMISSIONS 8.1 Citizen Committees, Boards and Commissions: The Commission may create committees, boards and commissions to assist in the conduct 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 otherwise 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 commission members. 12 RESOLUTION #2025-048 8.3 Removal of Members of Boards, Committees and Commissions: 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: 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 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. Comments may be heard virtually when there is a need for City Hall and the Commission Chambers to be closed to the public. There are many airborne 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 13 RESOLUTION #2025-048 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 distancing of 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. 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 comments to three minutes. All remarks shall be addressed to the Commission as a body and not to any member thereof. 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 requested by any member of the Commission, the City Manager, City Attorney, as well as staff members, may enter into discussion. No questions shall be asked by the Commissioners, except through the Mayor. 9.3 Personal and Slanderous Remarks: Any person making personal, 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 protests, petitions, or communications relating to any matter 14 RESOLUTION #2025-048 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, electronic mail, or by addressing such communication to the City Clerk who will distribute 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 not governed by the City Charter, State Statutes or City Code, may be temporarily suspended by a vote of a majority of the Commission. 10.2 Amendment of These Rules: These rules may be amended 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.