2020-R-15 - adopting policy for protocols for use of media technology i
RESOLUTION NO. 2020-R-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, ADOPTING POLICY AND
IMPLEMENTING PROTOCOLS FOR THE USE OF
COMMUNICATIONS MEDIA TECHNOLOGY TO
FACILITATE ATTENDANCE BY ELECTED AND
APPOINTED OFFICIALS AT PUBLIC MEETINGS; TO
ALSO FACILITATE PUBLIC PARTICIPATION AND
ATTENDANCE AT SUCH MEETINGS; PROVIDING THAT
THE USE OF SUCH PROTOCOLS IS LIMITED TO
PERIODS OF DECLARED EMERGENCY WHEN PUBLIC
HEALTH AND SAFETY GUIDANCE LIMITS THE SAFE
ATTENDANCE AT SUCH MEETINGS IN PERSON AND
WHEN SUNSHINE LAW REQUIREMENTS ARE
LAWFULLY RELAXED TO PERMIT SAME; REPEALING
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the Florida Constitution (Article I Section 24) and the Florida Statutes,
(Sections 286.011 and 166.041), require that meetings of elected and appointed officials for the
conduct of public business must be noticed and open to the public, must provide an opportunity
for public participation through comment, and generally must provide the opportunity for all
members of the public to be aware of the decision-making process (Sunshine Law
Requirements); and
WHEREAS, the Florida Attorney General has consistently opined that in order to
comply with Sunshine Law Requirements, a quorum of the decision-making body must be
physically present at a place that is open to and accessible to the public when conducting public
business'; and
' This opinion is based on the language in Section 166.041(4), Florida Statutes, which requires "an
affirmative vote of a majority of a quorum present ... to enact any ordinance or adopt any resolution."
However, this is, admittedly, a conservative interpretation of the law and the Attorney General has also
acknowledged 1) that Sunshine Law Requirements do not expressly prohibit remote electronic
participation, and 2)that Sunshine Law Requirements do not suggest that a member of a decision-making
body is not"present'when they access a meeting electronically.
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WHEREAS, on March 19, 2020, the Florida Attorney General issued Opinion 2020-03,
opining that certain provisions of Florida law require a physical quorum to be present for local
government decision-making bodies to conduct official business, and that local government
decision-making bodies may only conduct meetings via "Communications Media Technology"
(CMT) if either 1) a statute permits a quorum of the decision-making body to be present by
means other than in person, or 2) that the requirement for a quorum of the decision-making body
to be physically present is lawfully suspended during a state of emergency; and
WHEREAS, on March 1, 2020 the State of Florida Department of Health issued a
Declaration of Public Health Emergency as a result of the global spread of Coronavirus
("COVID 19"); and
WHEREAS, on March 9, 2020 Florida Governor Ron DeSantis issued Executive Order
20-52 declaring a State of Emergency in the State of Florida due to the COVID-19 Public Health
Emergency; thereby authorizing State agencies and political subdivisions, including
municipalities,to suspend the provisions of regulatory statutes prescribing the procedures for the
conduct of business if strict compliance with the provisions of any such statute, order, or rule
would in any way prevent, hinder, or delay necessary action in coping with the Emergency; and
WHEREAS, on March 20, 2020 Florida Governor Ron DeSantis issued Executive Order
20-69 suspending current Sunshine Law Requirements for a quorum of the government decision-
making body to be physically present, for a government decision-making body to meet in any
specific place, and to allow local government decision-making bodies to utilize
"Communications Media Technology such as telephonic and video conferencing, as provided in
Section 120.54(5)(b)2., Florida Statutes", but specifically not waiving any other Sunshine Law
requirements; and
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WHEREAS, on March 16, 2020 a State of Emergency was declared in the City of
Edgewater due to the current outbreak of COVID-19; and
WHEREAS, current public health advisories from the Centers for Disease Control, the
Florida Department of Health, and from other authoritative sources encourage, and in some cases
dictate,the practice of social distancing by limiting public gatherings to 10 people or less, and by
maintaining a minimum of six feet of open space between all persons in public; and
WHEREAS, the City Council is acutely aware that an appropriate balance must be
struck between compliance with existing Sunshine Law requirements, the need for the
continuing operation of local government, and practicing social distancing in order to manage the
current outbreak of COVID-19; and
WHEREAS, the City Council finds that it is in the best interest of City of Edgewater
officials, staff, residents, businesses and guests to adopt the "Communications Media
Technology" policy and protocols contained in this Resolution, and to authorize the City
Manager to implement same from time to time as appropriate during the continuation of the
current State of Emergency in the City of Edgewater due to the current outbreak of COVID-19 or
in accordance with any future declared state of emergency (or any future change to general law)
wherein Sunshine Law requirements are suspended or changed to allow use of Communications
Media Technology to conduct public meetings.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Edgewater
Florida.
SECTION 1. Findings. The above recitals are declared to be true and correct and are
hereby made part and parcel of this Resolution. In accordance therewith, certain procedures and
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formalities pertaining to the operation of the City of Edgewater may be waived as follows, in
furtherance of the health, safety and welfare of the residents of the City of Edgewater.
SECTION 2. Purpose. The purpose of this Policy is to establish the protocols by which
City of Edgewater decision-making bodies may conduct public meetings using Communications
Media Technology in accordance with Executive Order 20-69 during the continuation of the
current State of Emergency in the City of Edgewater due to the current outbreak of COVID-19,
or in accordance with any future declared state of emergency (or any future change to general
law) wherein Sunshine Law requirements are suspended or changed to allow use of
Communications Media Technology to conduct public meetings.
SECTION 3. Definitions. The following terms shall have the following meanings as
applied to this Policy:
"Access Point" means a physical location where members of the public who cannot
access Communications Media Technology may observe and participate in an Electronic
Meeting. On a case by case basis, any particular Access Point may limit the number of
individuals that may enter in order to comply with Public Health Directives.
"Communications Media Technology" means electronic transmission of printed matter,
audio, full-motion video, freeze-frame video, compressed video, and digital video by any method
available, pursuant to Section 120.54(5)(b)2., Florida Statutes.
"Electronic Meeting" means a meeting where a quorum of members of the government
decision-making body are in attendance via Communication Media Technology from Remote
Locations, and which the public is able to attend and participate via Access Point or via
Communications Media Technology.
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"Public Health Directives" means advisories, recommendations or directives from the
Centers for Disease Control, the Florida Department of Health, or from other authoritative
sources that are meant to promote the public health, safety and welfare in any particular case.
Examples of Public Health Directives are distance separation guidelines and limitations on the
size of human gatherings.
"Remote Location(s)" means any place other than the normally designated public
meeting location for the public meeting, from which elected and appointed officials, staff,
consultants, or members of the public may attend via Communications Media Technology.
SECTION 4. Electronic Meetings. The City Council hereby determines that it is
appropriate to conduct Electronic Meetings using Communications Media Technology in order
to conduct business of the City whenever there exists in the City a declared state of emergency
and when Sunshine Law requirements are suspended or changed to allow use of
Communications Media Technology to conduct public meetings. The City Manager is delegated
the authority, during any such state of emergency, to implement the use of Electronic Meetings
in the City of Edgewater pursuant to this Policy and this Resolution.
SECTION 5. Notice. Prior to the commencement of any Electronic Meeting in the City
of Edgewater, the City Clerk or designee shall post notice of the meeting consistent with
Sections 120.54(b)(2)b. and 286.011, Florida Statutes. The notice shall be provided in the same
manner as notice is provided for any other meeting but shall in addition, plainly state the
following:
1. That the Electronic Meeting will be conducted using Communications Media
Technology (specifying the type of technology being used)to constitute a quorum.
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2. The address of any Access Point that is open to the public, where an interested person
may go to attend the meeting. If an Access Point is limited in terms of the number of
individuals that may enter in order to comply with Public Health Directives or
because of other limitations,the notice shall so state.
3. An address, e-mail address, and/or telephone number where an interested person may
write or call for additional information.
4. An address, e-mail address, and designated person (the City Clerk or designee) to
whom an interested person may submit evidence or public comments for the
Electronic Meeting. All such submittals should, to the extent possible, be in advance
of the Electronic Meeting.
SECTION 6. Quorum. For any Electronic Meeting, a quorum must be present at all
times. A quorum shall be deemed to be present so long as a majority of the membership of the
government decision-making body is participating in the meeting from a Remote Location
through use of Communications Media Technology. In the event that Communications Media
Technology equipment fails, causing a lack of quorum, no additional business may be conducted
until the quorum is reconstituted.
SECTION 7. Conduct of Electronic Meetings. The Mayor or Chair of the City Council
shall preside over the meeting. In order to minimize the occurrences of multiple simultaneous
speakers, members of the City Council participating from Remote Locations shall refrain from
speaking until called upon by the Mayor or Chair. Public comments submitted to the City Clerk
or designee shall be read into the record at the direction of the Mayor or Chair of the City
Council.
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SECTION 8. Quasi-Judicial Proceedings. Quasi-judicial proceedings via Electronic
Meeting should be avoided if possible. However, in the event that a quasi-judicial proceeding is
conducted via Electronic Meeting, the following shall apply:
1. Evidence, testimony and argument which is offered utilizing Communications Media
Technology shall be afforded equal consideration as if it were offered in person.
2. Persons intending to offer sworn testimony are responsible for making appropriate
arrangements for offering sworn testimony.
3. Applicants shall be offered the choice of either waiting to proceed with their
application at a regular meeting that does not utilize Communications Media
Technology to establish a quorum; OR waive, in writing, the right to appeal the
decision / development order rendered as a result of the Electronic Meeting on
grounds that they were deprived due process because of the use of Communications
Media Technology. No quasi-judicial proceeding may be processed at an Electronic
Meeting prior to this election being made by the applicant.
SECTION 9. Voting. Voting shall be by verbal roll call vote.
SECTION 10. Sunshine Law Compliance. The City Clerk or designee shall ensure that
Electronic Meetings comply with all Sunshine Law requirements not otherwise suspended or
waived pursuant to an executive order or change in general law (e.g. the prompt keeping of
meeting minutes, and public access).
SECTION 11. Conflicting Provisions. All resolutions or parts of resolutions in
conflict herewith are hereby repealed.
SECTION 12. Severability and Applicability. If any portion of this resolution is for
any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not
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affect the remaining portions of this resolution. If this resolution or any provisions thereof shall
be held to be inapplicable to any person, property, or circumstances, such holdings shall not
affect its applicability to any other person, property, or circumstance.
SECTION 13. Effective Date. This resolution shall become effective immediately
upon passage and adoption.
SECTION 14. Adoption.
After Motion by �l(�' r�n 1�' > - with Second by
Yz�-�J�� ;C� the vote on this resolution held on May 4, 2020 was as
follows:
AYE NAY
Mayor Mike Thomas
Councilwoman Christine Power
Councilwoman Kimberly Klein-Yaney \►
Councilwoman Megan O'Keefe
Councilman Gary Conroy
PASSED AND DULY ADOPTED this 4t" day of May, 2020.
ATTEST CITY COUN OF THE
CITY OF EXE", kTER LORIDA
Robin L. Matusick Mike h m
City Clerk/Paralegal Ma o
For the use and reliance only by the City of Approved by the City Council of the City of
Edgewater, Florida. Approved as to form and Edgewater during the Council meeting held on
legality by: Aaron R. Wolfe, Esquire the 4t" day of May 2020.
City Attorney
Doran, Sims,Wolfe,Ciocchetti&Yoon
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