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2009-R-04 o RESOLUTION #2009-R-04 o A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA; ESTABLISHING THE ADMINISTRATIVE POLICY MANUAL AND APPROVING THE CITY COUNCIL MEETINGS - ORDER OF BUSINESS AND PUBLIC PARTICIPATION POLICY; REPEALING RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Edgewater desires to establish an Administrative Policy Manual to be maintained by the City Clerk; and WHEREAS, the City Council wishes to provide for the efficient and effective conduct of all meetings; and WHEREAS, section 3-11(a) of the Charter authorizes the Council to determine its own rules and order of business so long as the agenda for regular meetings include "Citizen Comments" at the beginning and directly prior to the adjournment; and WHEREAS, the City Council has determined that the City Council Meetings - Order of Business and Public Participation Policy statement will provide for a consistent application of the City's objectives. NOW, THEREFORE, be it resolved by the City Council of the City of Edgewater, Florida as follows: Section 1. The City of Edgewater City Council hereby establishes an Administrative Policy Manual for certain city policies that are not maintained in the City Personnel Policy Manual or the City Code of Ordinances. Section 2. The City Clerk is hereby instructed to maintain the Administrative Policy Manual. Section 3. The City Council has also determined that the policy titled "City Council Meetings - Order of Business and Public Participation" (attached hereto and incorporated herein as Exhibit "A") is hereby established and approved for inclusion into the Administrative Policy Manual. 2009-R-04 Section 4. If Q section, subsection, sentence, clausQhrase, or portion of this Resolution, or application hereof, is for any reason held invalid or unconstitutional by any Court, such portion or application shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions or applications hereof. Section 5. All resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. Section 6. This resolution shall take effect immediately upon its adoption. After a motion to approve by r (llI\rtlMntl C oiO(ler with second by Section 7. COli n(\~111\NV\N'\ R hnrle<,., the vote on this resolution was as follows: AYE NAY Mayor Mike Thomas )( Councilwoman Debra 1. Rogers X Councilwoman Gigi Bennington X Councilwoman Harriet B. Rhodes X Councilman Ted Cooper X PASSED, APPROVED AND ADOPTED this 17th day of February, 2009. ATTEST: 1lxY;\l'il ~"o ;\0~ Q BOllnie'Wenzel " . '(' .- . I.",". .~, 'City Clerk .' ", J ! , "; ..;.-' ~".I' : <, I" ' CJ - ' ., --. -""':) . ',? '!</'I~'" . J;;:: c~t ':"~- ~.. ...../10.. "PY, ' Robin L. Matusick Paralegal For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Carolyn S. Ansay, Esquire City Attorney Doran, Wolfe, Ansay & Kundid Approved by the City Council of the City of Edgewater at a meeting held on this 17th day of February, 2009 under Agenda Item No.11& 2009-R-04 2 <.) EXHIBIT "A" City of Edgewater o EXECUTIVE ADMINISTRATIVE POLICIES AND PROCEDURES Subject: City Council Meetings - Order of Business and Public Participation PURPOSE: Establish a formal process and procedures to be utilized during meetings called by the City Council by establishing the order of business and obtaining citizen input and allowing full citizen participation at official City Council Meetings. DISCUSSION: The City of Edgewater is committed to democratic, participatory local government that seeks to involve citizens in all aspects of the decision-making process. ORDER OF BUSINESS: (1) Call to order, roll call, pledge of allegiance, invocation. (2) Approval of minutes. (3) Presentations/Proclamations/Plaques/Certi ficates/Donations. (4) Citizen comments (not to include agenda items). (5) Approval or changes/modifications to the agenda. (6) City Council reports. (7) Consent agenda (no discussion or comment). (8) Public hearings, ordinances and resolutions. (9) Board appointments. (10) Other Business. (II) Officer reports. (12) Citizen comments. (13) Adjourn. VOTING ORDER: It has been determined that the voting order of each Council member will rotate in order per meeting. The City Clerk will stipulate the order on the specific agenda for each meeting. The Date: 2/17/2009 Page 1 of 5 u EXHIBIT "A" City of Edgewater o EXECUTIVE ADMINISTRATIVE POLICIES AND PROCEDURES Subject: City Council Meetings - Order of Business and Public Participation voting order will start in order of the Mayor, District I, District 2, District 3 and District 4. The order will rotate for the next meeting with the Mayor going to the end of the list and the vote starting with District I. PUBLIC PARTICIPATION - MEETING DECORUM: I. Edgewater City Council Meetings are formal government meetings that are conducted to transact public business. In conducting the public's business, the City Council is committed to the principles of civility, honor, and dignity. Individuals appearing before the City Council are requested to observe the same principles when making comments on items and issues presented to the City Council for their consideration. The Edgewater City Council shall use Roberts Rules of Order as supplementary guidelines for conducting meetings when not in conflict with any charter provisions, ordinance, resolution or other procedure established by the City Council. 2. Individuals that appear before the City Council are required to state their name and their address for the record. All comments must be made from the podium, which is located at the front of the City Council Chambers or by other reasonable accommodations and shall address the subject of the agenda item. The purpose of this requirement is for the recording equipment to record the comments made by citizens so that they are properly reflected in the Council minutes and are available for future reference. 3. City Council Members, City staff members, and citizens are required to use proper language when addressing the Councilor the audience. They must refrain from using profanity or cursing, aggressive or threatening behavior or language when addressing the City Council or other participants. All comments or questions shall be directed to the Mayor and not individual members of the City Councilor to the audience unless otherwise provided herein. No personal verbal and/or physical attacks toward any individual, by the City Council, staff, or citizens will be allowed during the City Council Meeting. Any person making personal, impertinent or slanderous remarks or becoming boisterous while addressing the councilor attending the council meeting shall be removed from the City Council Chambers by the chief of police or any police officer, if so directed by the Mayor or presiding officer. Unauthorized remarks from the audience, stamping of feet, whistles, yells or similar demonstrations shall result in the person being removed by the chief of police or any police officer, if so directed by the Mayor or presiding officer. If the Mayor or presiding officer determines a person shall be removed from the proceeding pursuant to this provision, he or she shall first give a warning and if the language or behavior continues, issue the directive for removal from the proceedings. Additionally, the City Council may issue a directive for a warning and Date: 2/17/2009 Page 2 of5 o EXHIBIT "A" City of Edgewater o EXECUTIVE ADMINISTRATIVE POLICIES AND PROCEDURES Subject: City Council Meetings - Order of Business and Public Participation subsequent removal by motion and majority vote for language or behavior that violates this provIsion. 4. Participants shall adhere to their allotted time as provided in this Policy and may submit written documents in order to fully address their concerns with the Council. One participant's allotted time for addressing the Council may not be donated to another participant. AVENUES FOR CITIZENS TO PARTICIPATE IN DECISION MAKING PROCESS: The City Council provides several avenues for citizens to address issues at official City Council Meetings. Those avenues are: . Citizen Comments - Non-Agenda (beginning and end of meeting) . Public Hearings . Individual Agenda Items CITIZEN COMMENTS - NON-AGENDA: The City Council allocates 3 minutes at the beginning and end of each City Council Meeting for citizens who wish to appear before the City Council to make a request of the City Council, voice a complaint or concern, express an opinion, or some type of recognition on matters relevant to city business. The Mayor may request citizens to consolidate comments if it is determined that multiple citizens are repeating the same comments regarding the same issue. CITY COUNCIL REPORTS AND COMMENTS: At the beginning of each City Council Meeting, the City Council has scheduled an item where the council reports on various committees and groups on which they represent the City as well as a time to make comments in general. PUBLIC HEARINGS: I. Public Hearings are formal, often legally-noticed hearings which the City Council conducts pursuant to State or Federal Law. Some Public Hearings are advertised hearings for specific items scheduled on the City Council Agenda. Some public hearings are quasi-judicial while others are legislative in nature. Some public hearings have specific formats that must be followed and are established by law. All Ordinance considerations are conducted as formal public hearings and are normally considered as a normal agenda item. In those cases, the Mayor will announce that this is a public hearing. Date: 2/17/2009 Page 3 of5 o EXHIBIT" A" City of Edgewater o EXECUTIVE ADMINISTRATIVE POLICIES AND PROCEDURES Subject: City Council Meetings - Order of Business and Public Participation 2. The applicant may have time as necessary and permitted by the Mayor to make the presentation before the City Council. City staff may have as much time as necessary to make a presentation on the subject before the City Council. Citizens, other than an applicant, who wish to address the City Council, may do so by raising their hands at the time the Mayor asks for anyone wishing to address the issue and by waiting to be recognized by the Mayor. All individuals addressing the City Council will clearly state their name and address for the record. Citizens will be limited to 3 minutes per person, unless the Mayor extends the time. The Mayor may rule an individual(s) out of order if they begin to repeat information that has already been presented by the other speakers. 3. The order of a Public Hearing will be as follows: . Disclosure of ex parte communications (in quasi judicial proceedings only), if applicable, in accordance with Resolution 95-R-II. . Presentation by City Staff . Questions of the City Staff by the City Council . Presentation by the applicant, if applicable . Questions of the applicant by the City Council, if applicable . Opportunity for applicant and staff to question other witnesses . Comments from citizens and interested parties . Final comments by the Applicant, if applicable . Discussion by the City Council (City Council Members may request additional information from both the applicant and staff during this phase of the discussion) . Decision by the City Council REGULAR AGENDA ITEMS: I. The Mayor will provide an opportunity for citizens to speak in favor of or in opposition to an agenda item. If an item is on consent agenda, a city council person will have to withdraw the item if they wish to discuss the item. When an item is removed from the consent agenda, then citizens will be allowed three (3) minutes to comment. All individuals addressing the City Council will clearly state their name and address for the record. The Mayor may rule an individual(s) out of order if they begin to repeat information or materials presented by other speakers. 2. If the item is on the non-consent agenda portion of the agenda, citizens will be given up to 3 minutes to comment or ask questions about the agenda item. The Mayor must recognize all who wish to speak. Date: 2/17/2009 Page 4 of 5 o EXHIBIT "A" City of Edgewater o EXECUTIVE ADMINISTRATIVE POLICIES AND PROCEDURES Subject: City Council Meetings - Order of Business and Public Participation 3. The order of consideration of an agenda item that has been removed from the consent agenda and all other regular agenda items will be: . Presentation by City Staff, if applicable . Questions of the City Staff by the City Council . Presentation by the applicant or individual, if applicable . Questions of the applicant or individual by the City Council, if applicable . Comments from the public . Questions of public by the City Council . Discussion by the City Council . Decision by the City Council DOCUMENTS: All documents submitted to the City Council become public records when given to the City Council for their consideration and shall be maintained by the City Clerk in accordance with the public records law. ~ Date Approved at the Febru ry 17,2009 City Council Meeting Date: 2/ 17/2009 Page 5 of 5 o ... ~ RESOLUTION NO. 95-R-ll A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ESTABLISHING A PROCEDURE FOR EX PARTE COMMUNICATION WITH CITY OFFICIALS; REPEALING RESOLUTIONS IN CONFLICT HEREWITH AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the city council of the city of Edgewater, Florida, has made the following determinations: 1. Pursuant to Chapter 95-352, Laws of Florida, the Florida Legislature created section 286.0115, Florida Statutes, which removes the presumption of prejudice from ex parte communications with local government officials by establishing a procedure for the disclosure of such ex parte communication. 2. It is in the best interest of the citizens of Edgewater that such a procedure to be adopted to enable city officials to fairly and equitably discharge their sworn duties and responsibilities. NOW THEREFORE, BE IT ENACTED by the city council of the city of Edgewater, Florida: section 1. Definition. As used in this resolution, the term "city official" means any elected or appointed officer of the city who recommends or takes quasi-judicial action as a member of a board, commission or council. section 2. Access Permitted. Any person not otherwise prohibited by statute, charter provision, resolution or ordinance may discuss with any city official the merits of any matter on which action may be taken by any board, commission, or council on which the city official is a member. Such communication shall not raise any presumption of prejudice provided the following disclosure procedures are followed: (a) The subject and substance of any ex parte communication with a city official which relates to quasi-judicial action pending before the official as well as the identity of the person, group, or entity with whom the communication took place is disclosed and 95-R-11 1 (.) ...... D made a part of the record before final action is taken on the matter. (b) A city official may read a written communication from any person. However, a written communication that relates to quasi- judicial action pending before a city official shall be made a part t of the record before final action is taken on the matter. (c) City officials may conduct investigations, make site visits, and receive expert opinions regarding quasi-judicial action pending before them provided such activities and the existence of such investigations, site visits or expert opinion is made a part of the record before final action is taken on the matter. (d) Disclosure made pursuant to (a), (b) and (c) above must be made before or during the public hearing at which a vote is to be taken and persons having opinions contrary to those expressed in the ex parte communication shall be given a reasonable opportunity to refute or respond to the communication. Section 3. Applicability of Part III of Chapter 112 City officials shall not be subjected to the provisions of Part III of Chapter 112, Florida statutes, for not complying with the provisions of this resolution. Section 4. All resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. section 5. This resolution shall take effect upon adoption. After Motion by Councilman Mitchum and Second by Councilman Hatfield, the vote on this resolution was as follows: Mayor Jack H. Hayman, Sr. Councilman Danny K. Hatfield Aye Aye Councilwoman Louise A. Martin Aye Councilman Mike Hays Aye Councilman David L. Mitchum Aye PASSED AND DULY ADOPTED this 21st day of August, 1995. 95-R-11 2 ~. t ! f I I I I I o --.,. ATTEST: 9S-R-ll ..0 CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: / \, APPROVED FOR FORM & CORRECTNESS: .riS~:~ City Attorney 3