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05-19-1982 - Special ~. v <J . . CITY OF EDGEWATER CITY COUNCIL SPECIAL MEETING May 19,1982_ In the absence of the Mayor, Vice Mayor Wilbert Pendleton called the Special Meeting to order at 3:00 P.M. in the Community Center. The meeting was called under the provision of Ordinance 81-0-26 for the purpose of discussing and acting upon a resolution pertaining to the conduct of City Council meetings. ROLL CALL Mayor Robert Christy Councilman Jacob Lodico Councilman David Ledbetter Councilman John Wilbur Vice Mayor Wilbert Pendleton Excused Atty. Pro Tern M.J. Henderson Present City Mgr. Joseph Mitchell Excused City Clerk Nancy Blazi Present Police Chief Earl Baugh Present Present Present Present Present Vice Mayor Pendleton stated that he had moved to Edgewater as a retired person interested primarily in enjoying his leisure time. However, he soon became aware that Edgewater was the laughingstock of the area and after attending Council meetings and talking with other people about the problem, he agreed to run for Councilman because he felt he had a civic responsibility to improve the situation. Council meetings should be conducted in a professional manner with order and decorum, and during the first few months of the new Council he believed progress along this line had been made. However, after the City Manager was hired, the Mayor began a course of action that has consistently and constantly interrupted the Council and split the City into several factions. Even after a court decision that declared the City was operating in a legal manner, the Mayor has refused to accept this fact, and repeatedly disregards legal counsel while stubbornly holding to outdated and repealed ordinances. The Mayor is shirking his duties in not attending the special meetings. He is the presiding officer and should conduct all meetings in an orderly manner, and not allow any meeting to decline into the disorderly situation that occurred at Monday night's meeting. This meeting has been called to discuss ways into which order and decorum can be broughtto all Council meet- ings, and all five members of the Council should be present because this concerns the entire community. In conclusion, Mr. Pendleton stated that he would no longer be a party to such proceedings as he had to endure Monday night. Councilman Wilbur was in agreement with Vice Mayor Pendleton. He added that he did not believe he had been elected to the Council to let these disorderly meetings continue to happen. He ran on a plat- form that the Council would have orderly meetings. Councilman Lodico told the Council that if the Council lives up to the rules they would not be subjected to such upsetting meetings. The City Manager explained that the Council works under Robert's Rules of Order, as long as it does not conflict with the charter or other ordinances. It is a general rule in all deliberative assemblies that the presiding officer shall not participate in the debate or in the proceeding or other capacity than as such officer. He is allowed therefore, to state matters of fact within his knowledge, and to inform the assembly on points of order or the course of the proceedings when called upon for that purpose, or when he finds it necessary to do so, and upon appeals from his decisions on questions of order to address the assembly in debate. The Chairman sometimes calls a member to the chair and then takes part in the debate. If the Chairman has even an appearance of being a partisan, he loses much of his ability to control those who are on the opposite side of the question. The Chairman should set an example of courtesy, and never forget that to control others it is necessary to control oneself. The City Manager suggested that since it is necessary for the Councilmen to have per- mission to speak, then the Council may wish to have rules regarding \.-.t: " u 'J ~ how the presiding officer may enter into a debate. Presently, the presiding officer has control over the debate and may add to the conversation. This does not appear to be equal to the rules placed on the Councilmen. There should also be some better control over audience activity. There should be some positive controls over who can speak and when and what is to happen if they do not obey the rules. r~any of the present actions of the audience impede the orderly progress of the meeting, and unnecessarily prolong meetings. Vice Mayor Pendleton noted that this was a legislative chamber. The Council is a legislative body, and nothing should interfere with that legislation. We have a ballpark atmosphere which is extremely disruptive. If people cannot get up and speak in an orderly fashion they should not be allowed to speak. Mrs. Henderson said that the purpose of this meeting was to discuss a proposed resolution which deals in two parts. One is the decorum of the public at Council meetings, and the other is the manner in which the presiding officer has conducted the meetings. Section 15 of the Charter allows the Mayor to preside over all meetings of the City Council, and perform other duties consistent with the office as may be imposed upon the office. He shall have a voice and a vote in the proceedings. The section of the proposed resolution that deals with censuring the Mayor needs to clarify the issue of what exactly it means for the Mayor to have a voice and a vote. Robert's Rules gives a general rule that the presiding officer shall not participate in debate, and shall conduct the meeting in a non-partisan manner. However, our code of ordinances, Sect. 2-27(a) states that the Mayor, Vice- Mayor or Acting Mayor shall have a voice and vote in the proceedings but shall have no veto power, subject only to such limitations of debates as are by these rules imposed on all members. Sect. 2-31 says that Robert's Rules of Order are designated to govern the conduct of meetings when said rules are not in conflict with any charter provision or ordinance of the City. It is the opinion of the legal department that Sect. 2-27(a) does allow the Mayor to participate in the dis- cussions, however, under other rules, he must participate in an orderly fashion, as everyone is required to do. One of the questions addressed was, should the Council censure the Mayor or should they authorize an ordinance prohibiting the Mayor from participating in the debate in a partisan manner, in a manner other than simply presiding, and allowing people to speak through the chair. The Council may wish to enact an ordinance which would amend, appeal or alter Sect. 2-27(a). Members of the public who wish to participate in the proceedings must refrain from disturbing the orderly conduct of the meetings. There are several court decisions to the effect that prohibiting a member of the public from disturbing a meeting does not violate that person's constitutional rights to free speech on the First Amendment. 2a** Councilman Wilbur asked about actions that could be taken to control the meeting on May 31st. It is an important meeting and should be orderly. Mrs. Henderson said that they could not enact any ordinance today, but they could authorize an ordinance be drawn up to be read at a subsequent meeting, and they could take action on a proposed resolution. The Council discussed the proposed resolution, and made some suggestions to change some of the wording in the section relating to citizen interruption of meetings. The City Manager reminded the Council that any directive of the majority of the Council would have to be followed, and this would also include motions to evict any member of the audience who disrupts a meeting. It was suggested that on the second page of the draft resolution that the words following Chief of Police be deleted; also the following sentence and the last sentence of that paragraph should be deleted. Special Council Meeting 5/19/82 - 2 - ~.- . <..> c.) . . Mrs. Henderson read Resolution 82-R-3l in its entirety. A RESOLUTION OF THE CITY OF EDGEWATER DECLARING ROBERT H. CHRISTY, MAYOR OF THE CITY, INCOMPETENT TO PRESIDE OVER MEETINGS OF THE CITY COUNCIL, DIRECTING THAT THE CHIEF OF POLICE MAINTAIN ORDER AT COUNCIL MEETINGS, AND CENSURING THE MAYOR FOR IRRESPONSIBLE CONDUCT. Councilman Wilbur motioned to adopt, seconded by Councilman Lodico. Vice Mayor Pendleton questioned the use of the word incompetent. Mrs. Henderson said that it was the opinion of the legal department that the resolution should indicate that while the Mayor may be competent to maintain order, he refuses to do so. It was discussed that a change be made in the title by deleting the word incompetent, and putting in "unable to competently", and in the body of the resolution the paragraph that states the Mayor is "deemed to be incompetent" be changed to "deemed unable to preside over meetings competently". Councilman Wilbur motioned to amend the resolution as stated, seconded by Councilman Lodico. Motion CARRIED 3-0. Vote on motion to adopt CARRIED 3-0. There was more discussion on an ordinance to change rules of debate. Councilman Wilbur motioned to authorize the City Attorney to draw up an ordinance stating that the Mayor should step down from the chair to enter into discussion, and change the removal of members of the audience by the presiding officer to a majority vote of the Council. This should be for anyone who disrupts a meeting, whether it is a member of the audience, or a member of the Council, seconded by Councilman Lodico. Councilman Wilbur suggested a time limit on discussions. The City Manager said that the Council has the right to motion to close debate. Upon roll call the motion CARRIED 3-0. Councilman Wilbur motioned to adjourn, seconded by Councilman Lodico. The meeting was adjourned at 4:00 P.M. Minutes submitted by: Nancy Blazi ** second tape was used instead of side B of first tape. ~ ft:o ATTEST: '. :-:a ~~C /J !n1 ~ ounci m,an -~- -r-~ _ND I c~1&~,' Council ~1eeting 3