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HomeMy WebLinkAbout01-24-2024 CCWS AgendaNt SEBASTIAN CENTENNIAL (ELEBRATION 1911.1014 SEBASTIAN CITY COUNCIL WORK SESSION AGENDA WEDNESDAY, JANUARY 24, 2024 — 5:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK OR ON THE CITY'S WEBSITE 1. CALL TO ORDER 2. MOMENT OF SILENCE 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. NEW BUSINESS — DISCUSSION MATTERS pg 4 A. PROCEDURAL DISCUSSION/REQUEST FOR DIRECTION: pg 5 (1) Removal of citizen board alternates from participation or deliberation of matters on the dais per Robert's Rules of Order. pgs 6-7 (2) Limiting public comment via zoom participation in quasi-judicial matters unless aggrieved party/applicant. pg 8 (3) Speaker oath cards. pgs 9-12 (4) Amendments to procedures for removal of citizen board members. pgs 13-17 (5) Establishment of reasonable time limits for participants in quasi-judicial hearings. (6) Training for citizen boards & chairpersons. pgs 18-22 (7) Any other changes to Resolution No. R-22-15 (R-24-02) as approved on January 10, 2024 prior to codification. 1 of 45 A. TRAINING SESSION pgs 2340 (1) Ethics and Law pgs 41-44 (2) Parliamentary Procedure pg 45 (3) Decorum/Hot Topics 6. ADJOURN NO STENOGRAPHIC RECORD BYA CERTIFIED COURT REPORTER WILL BE MADE OF THE FOREGOING MEETING. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL, BOARD OR AGENCY WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F.S.286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA) OF 1990, ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 388-8226 — ADA @CITYOFSEBASTIAN.ORG AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. ZOOM INFORMATION Please click the link to join the webinar https://us02web.zoom.us/j/86019076639 Or One tap mobile: +13052241968„86019076639# US +13092053325„86019076639# US Webinar ID: 860 1907 6639 International numbers available: https://us02web.zoom.us/u/krhQzNkiM 2 of 45 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION NO. R-24-02 Regular Citv Council Meetings Public input is ALLOWED under the heading: Consent Agenda vo Public Hearings Unfinished Business • New Business • Public Input Public Input is NOT ALLOWED under the headings: Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards); Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); City Council Matters • Charter Officer Matters • Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Special Meetings Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agendas is FIVE MINUTES; however, City Council may extend or terminate an individual's time by majority vote of Council members present. Inaut Directed to Chair Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, providing, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. Certain Remarks Prohibited Personal, impertinent, and slanderous remarks, political campaigning, and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. Apuealing Decisions of Chair Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. Public Inaut Heading on Agenda The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 3 of 45 A,r SEBASTIAN (1N11NN1A1 (VIBRATION 1914.1414 CITY COUNCIL AGENDA TRANSMITTAL Workshop Meeting Date: January 24, 2024 Agenda Item Title: City Attorney request for direction on discussion on matters relating to Council and Citizen Advisory Boards. Recommendation: The City Attorney recommends City Council discussion on matters relating to citizen boards and hearing procedures. Background: At the last City Council meeting on January 10, 2024, the City Council approved a discussion to be held on the following matters. The City Attorney is seeking direction on possible changes to how the following items and matters are handled and seeking direction on possible changes. For any changes approved, a subsequent agenda item will be brought forward to approve Ordinances codifying the matters below at a later date after appropriate publication. This will accompany the previously approved codification of Resolution R 24-02. Outlined matters for discussion/direction: (1) Removal of citizen board alternates from participation or deliberation of matters on the dais per Robert's Rules of Order. (2) Limiting public comment via zoom participation in quasi-judicial matters unless aggrieved party/applicant. (3) Speaker oath cards. (4) Amendments to procedures for removal of citizen board members. (5) Establishment of reasonable time limits for participants in quasi-judicial hearings. (6) Training for citizen boards & chairpersons. (7) Any other changes to Resolution R24-02 as approved on January 10, 2024 prior to codification. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: N/A Total Cost: N/A Funds to Be Utilized for Appropriation: N/A Attachments: 1) Resolution No. R 24-02 2) Sample materials for review relating to above discussion. Administrative Services Department Review: N/A City Attorney Review: Procurement Division iew, if applicable: N Ar City Manager Authorization: Date: 1I1 ? I � o � i 4 of 45 ALTERNATES: Alternate members shall be required to attend all meetings to ensure a quorum is met and be prepared to vote if a regular member is absent. If an alternate cannot make a meeting, they shall notify the staff liaison prior to the meeting. Robert's Rules: Robert's Rules Guidance on Alternates: .dhernates. Alternates will be desisuated as "first" and "second" alternate. based on the date of appointment to the board. R'hen a regular member is absent. an alternate nniy take the place of the absent regular member. The second alternate may take the place of an absent regular member when the first alternate is also absent or when there is more than one absence on the board. Alternate will hax•e no right of participation on the board runless taking the place of an absent regular member. Alternate members may prox•ide public counnnent when not taking the place of an absent regular member. 5 of 45 Public comment is subject to reasonable, content neutral restrictions. Samples: Lake Worth e. Gcach Public Comment Those who wish to participate in Public Comment for any meeting (except work sessions) may submit their comment via the City website at least one (1) hour before the start of the meeting. Public comments must be received at least one (1) hour before the start of a meeting. There are two options for submitting a public comment. Read own comments via Zoom: Once the comment is submitted the resident will receive an email with confirmation of the comment and another email from Zoom with details on how to access the meeting to read Your comment(s) into the record. If a resident wishes to provide a live cornment they must be available on Zoom and logged in with their real name in order to speak. Clerk Read Public Comment: Check the box if you prefer the City Clerk to read the comment(s). The City Clerk will read the comment into the record at the appropriate time during the meeting. The resident will NOT be required to be present on Zoom if this option is selected. Note: A separate card is necessary for each agenda item to be addressed. 6 of 45 Ha IlU1t 1U11 f11C S m", I,, 1,11CCnct PUBLIC COMMENT PROCEDURES Citizens wishing to provide input for the meeting on any agenda item or a non-agendaed item, may share public comment by using one of the following two options: • Citizens may choose to provide in -person comments at the meeting. Comment cards will be available at the start of the meeting and must be received by the City Clerk prior to the close of public comment for each item. • Citizens may register to provide virtual comments during the meeting. Pre -registration shall be REQUIRED. Register at Registration for Zoom. Virtual comment is offered as a courtesy and is not a substitute for in -person comments. The City is not responsible for technical difficulties that may periodically arise. Citizens wishing to provide virtual comments must register by 5 p.m. on the day before the meeting to provide City staff sufficient time to provide instructions to citizens for comment during the meeting. Failure to register will result in a citizen not being able to provide virtual comments during the meeting. Anyone needing assistance with registration may contact the City Clerk at 954-797-2237. • Citizens that wish to speak on quasi-judicial agenda items, must provide in -person comments at the meeting. • New E-Comment and 'Request to Speak' through Granicus Speak Up. A new feature added to City Council and Planning and Zoning agendas are the ability to add your e-comments to certain agenda items. By clicking e-comment, you will be taken to a version of the agenda that will offer an option to leave your comment (either for, against or neutral) on an item- your comment will be public and will be added to the record (500 word limit). Comments will be closed 30 minutes prior to the upcoming meeting. You also may request to sign up to speak LIVE at the upcoming meeting- this is NOT the virtual ZOOM sign up- this is for LIVE attendance to let us know you will be attending to speak live. When you arrive, please fill out a speaker request card on the topic you wish to speak about and return the card to the City Clerk prior to the start of the meeting. 7 of 45 SPEAKER OATH CARDS CODE OF ORDINANCES: (A) The following is a guideline for conducting quasi-judicial hearings: (1) All testimony shall be under a sworn oath to tell the truth. The oath shall be contained on a speaker's card. All persons wishing to speak on a quasi-judicial item shall submit a speaker's card containing said oath to the clerk on duty. SAMPLE FORM: .6 QUASI JUDICIAL PROCEEDING+ \� t1. ChJ f or da Pa1mBay OATH - SPEAKER CARD , Swearinq In of witnesses. Members of the public who wish to speak at the public hearing indicated below must declare that he/she will testify truthfully by taking the following oath or affirmation: I, (print name), am aware of the rules of this proceeding, and I swear or affirm, under penalty of perjury, that all statements and information I provide in this matter will be truthful. Public Hearing - Item No. Signature of Witness: Address: City: Contact No.: Email Address- 8 of 45 1/17/24, 3:51 PM Statutes & Constitution :View Statutes : Online Sunshine Select Year: 2023 v Go The 2023 Florida Statutes (including Special Session Q Title X Chanter 112 View Entire PUBLIC OFFICERS, EMPLOYEES, AND PUBLIC OFFICERS AND EMPLOYEES: GENERAL Chapter RECORDS PROVISIONS 112.501 Municipal board members; suspension; removal.— (1) For the purposes of this section, the term "municipal board member" is defined as any person who is appointed or confirmed by the governing body of a municipality to be a member of a board, commission, authority, or council which is created or authorized by general law, special act, or municipal charter. (2) By resolution specifying facts sufficient to advise a municipal board member as to the basis for his or he!r suspension or removal and after reasonable notice to the municipal board member and an opportunity for the member to be heard, a governing body of the municipality may: (a) Suspend or remove from office any municipal board member for malfeasance, misfeasance, neglect of duty, habitual drunkenness, incompetence, or permanent inability to perform his or her official duties. (b) Suspend from office any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of office or who is indicted or informed against for the commission of any federal felony or misdemeanor or state felony or misdemeanor. (3) In addition to the authority granted under subsection (2), the governing body of a municipality may remove from office any municipal board member who is convicted of a federal felony or misdemeanor or state felony or misdemeanor. For the purposes of this subsection, any person who pleads guilty or nolo contendere or who is found guilty shall be deemed to have been convicted, notwithstanding a suspension of sentence or a withholding of adjudication. (4) A suspended municipal board member may, at any time before his or her removal, be reinstated by the governing body of the municipality in its discretion. (5) The suspension of a municipal board member by the governing body of a municipality creates a temporary vacancy in such office during the suspension. Any temporary vacancy in office created by the suspension of a municipal board member under the provisions of this section shall be filled by a temporary appointment to such office for the period of the suspension, not to extend beyond the term of the Suspended municipal board member. Such temporary appointment shall be made in the same manner and by the same authority as provided by law for the filling of a permanent vacancy in such office. If no provision for filling a permanent vacancy in such office is provided by law, special act, or municipal charter, the temporary appointment shall be made by the governing body of the municipality. (6) No municipal board member who has been suspended from office under this section may perform any official act, duty, or function during his or her suspension; receive any pay or allowance during his or her suspension; or be entitled to any of the emoluments or privileges of his or her office during suspension. (7) If the municipal board member is acquitted or found not guilty or is otherwise cleared of the charges which were the basis of the arrest, indictment, or information by reason of which he or she was suspended under the provisions of this section, the governing body of the municipality shall forthwith revoke the suspension and restore such municipal board member to office; and the member shall be entitled to and be paid full back pay and other emoluments or allowances to which he or she would have been entitled for the full period of time of the suspension. If, during the suspension, the term of office of the municipal board member expires and a successor is either appointed or confirmed, such back pay, emoluments, or allowances shall only be paid for the duration of the www.leg.state.fl.us/statutes/index.cfm?mode=View Statutes&SubMenu=1&App_mode=Display_Statute&Search_String= removal +board+member&UR9 of & 1/17/24. 3:51 PM Statutes & Constitution :View Statutes : Online Sunshine term of office during which the municipal board member was suspended under- the provisions of this section, and he or she shall not be reinstated. (8) This section applies in the absence of a charter provision. History.—s. 1, ch. 84-245; s. 718, ch. 95-147. Copyright U 1995-2024 The Florida Legislature • Privacv Statement • Contact Us www.leg.state.fl.us/statutes/index.cfm?mode=View Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=removal+board+member&UT0 of 4 CITIZEN BOARD REMOVAL CURRENT: Tracks FS 112.501 — requires notice, opportunity to be heard, etc. (see attached) Section 2-172. Removal. Any member of a board or committee of the city may be removed from office by the City Council without cause by a vote approved by at least four (4) members of the entire membership of the City Council. Any member of a board or committee of the city may be removed from office for the violation of any provision of State law governing the conduct of elected or appointed officials; conviction in any court for a violation of law involving moral turpitude; misfeasance; nonfeasance or malfeasance in the performance of official duties; or abandonment of office by a majority vote of the members of the City Council present at the meeting where said removal is being considered. Upon the direction of a majority of the City Council, a notice of removal shall be served upon the member sought to be removed, which shall specify the grounds for removal. The notice of removal shall be delivered by personal delivery or by ordinary first class mail to the member at the address provided by the records of the City Clerk. Service shall be accomplished as soon as is practicable after the City Council directs service of the notice of removal. Except as provided in Section 2-173 below, the notice shall Include a statement that the member has the right to request a hearing before the City Council and that the request for a hearing must be received by the City Clerk on or before a date to be specified in the notice which shall be seven (7) days from the date of service If the notice Is personally served, or ten days from the date of mailing if the notice Is served by mail. Upon timely request for a hearing before the City Council, the Council shall set a date and time for the hearing and direct the City Clerk to give the member notice of the hearing. At the hearing, the member may present evidence and argument as to why the removal should not occur. Legal counsel may represent the member and the City Clerk shall record all proceedings on magnetic tape. The decision of the Council may be either to remove, suspend, reprimand or to absolve the member. For purpose of this section, the effective date of removal of a member shall be Immediately after the expiration of the time in which the member has the right to request a hearing before the City Council. If the member timely requests a hearing, and if the City Council decides to remove the member upon conclusion of the hearing, the removal shall take effect Immediately. If a member timely requests a hearing, but withdraws the request prior to the hearing, the effective date shall be the date on which the request was withdrawn. SAMPLES: Each member shall serve a term concurrent with that of the commissioner who appointed him/her and may be removed from office at any time with or without cause by vote of the board. A member of a board or committee of the city shall serve at the pleasure of the elected official making his or her appointment and shall be subject to removal by such elected official at any time without cause. When member appointments are required to made by an approving resolution or motion, such member shall serve at the pleasure of the elected official having the nominating privilege for the consideration of such approving resolution or motion, and shall be subject to removal by such elected official at any time without cause. Furthermore, the governing body of the city may remove at any time without cause any member of any board or committee of the city by promulgating a resolution approved by supermajority vote of the city council. Unless an appointee resigns or as otherwise provided by law, appointees to all boards, commissions, committees, authorities and all other advisory appointive bodies, whether created by ordinance, resolution or other means, shall serve until his successor is appointed or at the pleasure of the city commission. In the event that an appointee misses three consecutive meetings 11 of 45 or at least one-half of the meetings for the calendar year he shall be considered to have resigned and a new replacement may be appointed. If the appointee wishes to remain on the board, he may request in writing to the city commission, stating the reasons for his absence. The city hereby adopts in its entirety F.S. § 112.501 as passed by the regular session of the state legislature and may in its sole discretion use it as an alternate method of removal. 12 of 45 CONDUCT OF QUASI JUDICIAL HEARINGS (a) The applicant (maximum thirty (30) minutes) (b) City staff and any staff consultants (maximum thirty (30) minutes) (c) Any aggrieved or adversely affected person (maximum thirty (30) minutes); (d) Cross-examination of witnesses (maximum fifteen (15) minutes per witness) (e) Any other person who has taken an oath upon statement of his/her name and address for the record shall present anv factual or expert testimonv relevant to the matter beinq considered (maximum three (3) minutes per person) (f) Closing argument/rebuttal shall then be given by the applicant; witnesses may be called during rebuttal (maximum ten (10) minutes) (g) The Quasi -Judicial Body may modify the time limits specified in this subsection (4) on its own motion or upon request of a party to the proceeding. A request for a modification shall detail the additional time desired and the subjects to be discussed during the additional time. A request for a modification of time should be considered by the Quasi -Judicial Body to assure all parties have an opportunity to participate without undue repetition, delay and in furtherance of due process. 13 of 45 1: Replaces RESOLUTION NO. It-20-35 R-99-12 A RESOLUTION OF 'i HE CITY OF SEBASTIAN, 1NDIAN RIVER COUNTY, FLORIDA, REPF.AL.ING RESOLUTION NO. R-99-12, AND �. REESTABLISHING PROCEDURES FOR QUASI-JUDICIAL, IIEARINGS; DETERMINING APPLICABILITY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Florida, recognizes that certain decisions of the City Council and/or City Boards are quasi-judicial in nature and, in such matters, it may be a fundamental requirement that parties and interested persons in relation to such quasi- judicial proceedings be given an opportunity to be heard in an equitable and efficient manner and otherwise be afforded procedural due process; and WHEREAS, the City Council has determined it necessary to revise more exacting provisions in relation to quasi-judicial proceedings and repeal written quasi-judicial procedures in Resolution No 99-12 ensuring that participants in a quasi-judicial proceeding, and the public, are provided with reasonable opportunities to be heard in a public hearing forum that is predictable, consistent and pm%ides due process to all participants; and WHEREAS, it is the intent of the City Council to repeal the quasi-judicial procedures as adopted and established by Resolution No 99-12, and that they comply with Florida Statutes Section 286.01 15 authorizing a local government to adopt quasi-judicial procedures by ordinance or resolution thereby removing the presumption of prejudice from ex-parte communications with local public officials during tite conduct of quasi-judicial hearings conducted in compliance with the procedures as adopted by City Council; and WHEREAS, these quasi-judicial procedures as set forth herein, are designed to provide notice and guidance to all participants and the public who appear before the City Council or other City Board, as such board may be established by the City Charter and/or the City of Sebastian Code of Ordinances, that the conduct of meetings wherein quasi-judicial decisions are required shall be governed by the quasi-judicial proceedings set forth herein. NON' THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN. as follows: SECTION 1. CONDUCT OF HEARINGS. The City Council of the City of Sebastian recognizes the need to observe fundamental due process in the determination of all quasi-judicial matters. in furtherance of this obligation, the following Quasi -Judicial Procedures are to be adhered to in tite conduct of such hearings: A. Swearine of witnesses. Any person presenting factual information to the City Council or Board during the hearing shall be sworn. The administration of the oath or affirmation shall be done by the Clerk of the City Council on the record at the time the person comes to the podium or as a group before the hearing commences. If the Clerk is not available, the City Attorney can administer the oath. Citizens wishing to merely express an opinion in favor or opposition to the matter at hand, and agents of the applicant (such as an attorney) merely 14 of 45 advocating the applicant's position, need not be sworn. B. Admissibility of Evidence. The City Attorney, upon an objection raised or upon his own accord, shall determine if any evidence sought to be presented is inadmissible. This determination may be over -ruled by a majority of the City Council or the Board upon a motion by any member thereof. Otherwise, the Mayor or Chair shall for die record receive any Iam`1 evidence presented and the same shall be maintained in the custody of the City Clerk. C. Time Limitations. The traditional practices of the Mayor or Chair in presiding over the smooth conduct of the hearing, encouraging precise and relevant presentations, shall provide guidance as to limitations on the length of presentations and the redundancy of witnesses. However, as appropriate, the City Council or Board, by majority vote, may set limits on the length of presentations and the number of witnesses on a case -by -case basis. D. Competent Substantial Evidence. In deciding whether the application does or does not meet the standards, the City Council or Board must base its decision on what is known as "competent substantial evidence." Substantial evidence is such evidence that a fact at issue can reasonably be inferred from. Cato tnetent evidegee means legally sufficient evidence. Competent substantial evidence should be based in fact, be reliable and tend to nrove a point such that a reasonable mind would apt it as sufficient to sunnort the conclusion reached. Competent substantial evidence should not be speculative, ht►pothe4ical or coniecture. Instead, it must be relevant. material and within the purview of knowledee of the witness of Brine the evidence. E. The ADDiicabflity of the Law. Quasi-judicial proceedings involve the application of established standards, policy or laws to individual facts set forth in an application. For this reason, when deciding a quasi-judicial matter, the City Council or Board is restrained to consider and apply the criteria set forth in the applicable Code section at issue. For example, if the City Council or Board are considering a variance, it is limited to applying the competent substantial evidence to the factors outlined in section 54-1-2.5 (c) (2) of the Code or as amended. F. Due Process. A party to a Quasi -Judicial Hearing should be provided procedural due process, which consists of providing reasonable notice of the hearing; an opportunity to be heard at the hearing; present evidence at the hearing; and an opportunity to cross-examine witnesses. G. Ex-Parte Communication. At the time the Mayor or Chair opens the hearing, members of the City Council or Board shall disclose ex -parse communications in accordance with law. An ex parte communication is any communication, oral or written, between members serving on the City Council or Board and the public, other than those made on the record at the public hearing. H. Order of Presentation. After the Presiding Officer opens the hearing, the matter shall proceed in the following order: 1. Mayor or Chair opens the Quasi -Judicial Hearing; 2. The City Attorney reads the Resolution Title; 3. The City Council or Board Members disclose ex-parte communication; 4. The City Clerk swears in all who intend to provide testimony. If unavailable, the City Attorney will administer the oath; S. The applicant or his agent shall make a presentation in favor of the request; 2 15 of 45 A 6. The staff shall present its findings and analysis; 7. The City Council or Board shall ask questions of the applicant and staff as it sees fit; S. The Mayor or Chair shall open the floor to anyone in favor of the request who wishes to speak or ask questions; 9. The Mayor or Chair shall open the floor to anyone opposed to the request who wishes to speak or ask questions; 10. The applicant is provided an opportunity to respond to any of the issues raised by staff or the public; 11. Staff is provided an opportunity to summarize its position; 12. The City Council or Board deliberates the request, asking such questions as it sees fit; and 13. The Mayor or Chair calls for a motion; and 14. The City Council or Board takes action. SECTION 2. REPEAL. This Resolution repeals Resolution R 99-12 in its entirety. SECTION 3. APPLICATION. Due to the evolving nature of this aces of the law, these procedures shall be utilized in the conduct of hearings on matters that are determined to be quasi- judicial under the laws of the State of Florida. SECTION 4. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 5. SEVERABILITX. The provisions of this Resolution are intended to be severable. if any provision of this Resolution is determined to be void or is declared illegal, invalid, or unconstitutional by a Court of competent jurisdiction, the remainder of this Resolution shall remain in full force and effect. SECTION 6. SCRIVENER'S ERRORS. Sections of this Resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. SECTION 7. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember_l I . The motion was seconded by Councilmember McPartlan and, upon being put to a vote, the vote was as follows: Mayor Ed Dodd aye Vice -mayor Jim Hill aye Councilmember Fred Jones aye Councilmember Christopher Nunn aye Councilmember Bob McPartlan aye k] 16 of 45 The Mayor there upon declared this Resolution duly passed and adopted this 9'h day of December, 2020. A'I'I'EST: r ANL'TT E�E WILLIAMS, Ml\4C, City Clerk i\pproyed as to fonn and legality for reliance by the City of Sebastian only: / MANKY ANOI City Attorney v CITY Oh SEBASTIAN, FLORIDA ^ I3y: GD DODD. Mayor 4 17 of 45 RESOLUTION NO. R 24-02 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING THE DATES AND TIMES FOR CITY COUNCIL MEETINGS AND WORKSHOPS; REVISING START AND END TIME; ADOPTING ROBERTS RULES OF ORDER; PROVIDING FOR PROCEDURES FOR AGENDA PREPARATION, AGENDA FORMAT, AGENDA MODIFICATIONS, PUBLIC INPUT, PUBLIC HEARINGS, AND TRANSCRIPTS; REPEALING RESOLUTION R-2132; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Indian River County, Florida, believes it to be in the best interest of the citizens of Sebastian to provide clear direction to establish Council meeting times and dates and provide for conduct of City Council meetings. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, as follows: SECTION 1. ROBERTS RULES OF ORDER ADOPTED. The City Council will follow the current edition of Robert's Rules of Order Newly Revised as a general guideline in the conduct of all meetings and workshops. Failure to follow said rules shall not affect the validity of any action taken. SECTION 2. CITY COUNCIL MEETING DATE AND TIME. A. Regular Meetings: Regular Meetings shall be held on the second and fourth Wednesday of each month at 6:00 p.m. and shall adjourn at 9:30 p.m. unless extended for not more than 30 additional minutes by a majority vote of City Council members present. All unfinished business at adjournment shall be carried to the next Regular City Council meeting unless placed on a special meeting agenda. If a Community Redevelopment Agency Meeting or a Board of Adjustment meeting is needed, those meetings will take place no earlier than 6:00 p.m. on the same night, followed by the City Council meeting at 6:30 p.m. or at the conclusion of the Community Redevelopment Agency or Board of Adjustment meeting. B. Special Meetings: Special meetings may be called in accordance with the Charter and shall begin no earlier than 5:00 p.m. and shall adjourn no later than 10:00 p.m. C. Quasi-judicial Hearings: Quasi-judicial hearings, when anticipated to be lengthy, may be conducted at special meetings called in accordance with the Charter for such purpose on the first and third Wednesday of the month or may be placed on a regular meeting agenda at the discretion of the City Manager. D. Workshops: Workshops, when necessary, may be held prior to Regular Meetings or on any other day no earlier than 9:00 a.m. and shall adjourn no later than 10:00 p.m. All unfinished business at adjournment shall be carried to the beginning of the next scheduled workshop. At workshops, matters may be discussed and placed on an ..,,,..,.:ate City Council meeting agenda for formal action. Substantive decisions shall not be made at workshops. E. Commercial Media Technolosv (CMTI: City Council deems it to be in the best interest of the citizens and residents of the City of Sebastian, to make provision for public meetings by use of such commercial media technology (CMT) by elected, appointed officials and members of the public. City 18 of 45 Council determines it is necessary to protect the health and safety of City Officials, City staff; and the public. City officials can fully participate and take official action during a public meeting by the use of CMT, as long as an in person quorum is met or in times of emergency. The same finding applies to City Board and Committee meetings and quasi-judicial hearings. F. : The City Council finds that its attendance requirement for purpose of establishing a quorum can be satisfied by physically being present or in times of an emergency, by CMT attendance. The same finding applies to City Board and Committee meetings and quasi-judicial hearings. SECTION 3. THE CHAIR. The Chair may make a motion, second a motion or participate in discussion without relinquishing the chair. Members of Council have the exclusive right to raise questions of or points of order to the Chair and have the Chair rule on the procedure or point of order. Any member of Council may appeal the decision of the Chair to the entire Council, and the result shall be determined by majority vote. SECTION 4. AGENDA SUBMITTAL DEADLINE AND PREPARATION. The City Manager is directed to set agendas for all City Council meetings. Documentation for items on agendas must be submitted to the City Clerk not later than noon on the Thursday preceding the respective meeting to expedite the preparation of agenda packets. SECTION 5. AGENDA MODIFICATION. City Council, by a unanimous vote of its members present, may modify the agenda to add an additional agenda item. In such event, an individual who wishes to address City Council with respect to the new agenda item, shall be afforded a reasonable opportunity to address City Council on such new agenda item. SECTION 6. AGENDA FORMAT AND GUIDELINES FOR REGULAR MEETINGS. The general format and guidelines for Regular City Council meeting agendas shall be in the form attached hereto as Exhibit "A". However, Council may change the order of agenda headings by majority vote. SECTION 7. ORD,i,m FOR PUBLIC HEARINGS (OTHER THAN QUASI-JUDICIAL) BEFORE CITY COUNCIL. The order for public hearings (other than quasi-judicial) before City Council is as follows: A. Order of Business: l . Chair shall announce the opening of the public hearing. 2. Where applicable, City Attorney shall read the Ordinance or Resolution by title unless applicable law requires more than the title be read. 3. Chair, if appropriate, shall announce the rules that apply to the hearing. 4. Applicant presentation, if appropriate. 5. City staff shall make a presentation, comments and preliminary recommendation, if any. 6. Public input. 7. City staff final comments and recommendation, if any. 8. Chair closes hearing. 9. Council Deliberation and Action B. Continuance of Public Hearina. City Council may continue a public hearing unless a continuance would violate applicable law. A public hearing may be continued to a time certain stated in the record, or a continuance may be indefinite, in which case it shall be re -noticed. City Council may defer action on a matter and continue the public hearing for receipt of written comments on the matter. C. De a Decision on Merin. City Council may defer action on the merits of any matter. 2 19 of 45 SECTION 8. PROCEDURES FOR PUBLIC INPUT. A. Where Permitted on Council Meeting Agendas. 1. Regular Meetings. Public input is allowed under Consent Agenda (for an item that is pulled by a Member of City Council), Public Hearings, Unfinished Business, New Business, and Public Input. Public input is not allowed under the headings of Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards); Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); and City Council or Charter Officer Matters. Council may, by majority vote, call upon an individual to provide input if desired. 2. Workshops and Suecial Meetings. At workshops and special meetings, public input is limited to the item on the agenda. B. Procedures for All Public Input. 1. Time Limit. Individuals who wish to address the City Council on any agenda items where public input is permitted on agendas are allowed five minutes to speak on that item; however, City Council may extend or terminate an individual's time by majority vote of Council members present. 2. Input Directed to Chair. Speakers shall address the City Council immediately prior to City Council deliberation of the agenda item and all input shall be directed to the Chair, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, provided, however, the Mayor and members of City Council may call upon an individual to provide additional input if desired. 3. Certain Remarks Prohibited. Personal, impertinent, and slanderous remarks, political campaigning and applauding are not permitted and may result in sanctions imposed by the Chair including expulsion from the meeting. Decisions by the Chair may be appealed in accordance with Section 3 above. C. Public Input. The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring new information or requests to City Council not otherwise on the .. ; r ��. ;.1 agenda. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. SECTION 9. TRANSCRIPTS OF CITY COUNCIL MEETINGS. The City Clerk is not required to prepare verbatim transcripts of all or any portion of City Council meetings unless City Council, by majority vote, directs such transcripts. SECTION 10. RULES AS GUIDELINES. It is intended that the rules set forth in this Resolution provide a guideline for the effective operation of the business meetings of City Council, and no rights are bestowed upon any parties by the adoption of these rules or by the City Council's failure to act in accordance with them. 20 of 45 A. Suspension of Rules. Any provisions of this Resolution, in whole or part, may be suspended by the affirmative vote of at least three Council members. B. Failure to Follow Rules. If City Council fails to abide by any provision of this Resolution, such failure shall not invalidate action taken by City Council or staff. SECTION 11. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed, including Resolution No. R-21-32. SECTION 12. SEVERABILITY. The provisions of this Ordinance are intended to be servable. If any provision of this Ordinance is determined to be void or is declared illegal, invalid, or unconstitutional by a Court of competent jurisdiction, the remainder of the Ordinance shall remain in full force and effect. SECTION 13. SCRIVENER'S ERRORS. Sections of this Ordinance may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager or the City Manager's designee, without need of public hearing, by filing a corrected or re - codified copy of same with the City Clerk. SECTION 14. EFFECTIVE DATE. This Resolution shall take effect upon its adoption. The foregoing Resolution was passed for adoption by Council Member Dodd , was seconded by Council Member Nunn , and upon being put to a vote, the vote was as follows: Mayor Ed Dodd aye Vice Mayor Kelly Dixon ave Council Member Fred Jones absent Council Member Bob McPartlan absent Council Member Chris Nunn ave The Mayor thereupon declared this Resolution duly passed and adopted this 1 Oth day of January , 2024. CITY OF SEBASTIAN, FLORIDA By: t4e4a-PQ Mayor Ed Dodd ATTEST: J iette Williams, MMC City Clerk Approved as to form and content for relia e b the City of Sebastian only: Qgailifer Cockcroft, Esq. City Attorney 4 21 of 45 EXHIBIT "A" SEBASTIAN CITY COUNCIL REGULAR MEETING AGENDA FORMAT AND GUIDELINES * I . CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members. Deletions do not apply. 6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS This item is for presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 7. PUBLIC INPUT Public Input is five minutes, however, it can be extended or terminated by a majority vote of Council members present 8. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests, in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. 9. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 10. PUBLIC HEARINGS Procedures for Public Hearings: Chair announces opening of the hearing City Attorney reads title Chair announces rules that apply to the hearing Applicant presentation Staff presentation, comments and preliminary recommendation Public input. Stajlyinal comments and recommendation Chair closes hearing Council Deliberation and Action 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. CITY ATTORNEY MATTERS No public input under this heading 14. CITY MANAGER MATTERS No public input under this heading 15. CITY CLERK MATTERS No public input under this heading 16. CTTY COUNCIL MATTERS No public input under this heading 17. ADJOURN (All meetings shall adjourn at 9: 30 pm unless extended for up to one half hour by a majority vote of City Council) Any provisions of this Resolution may be suspended by the a,,ffirmative vote of at least three Council members. E 22 of 45 SEBASTIAN CTNTFNNIA1 QIMAT10N NIi •ION CITY COUNCIL AGENDA TRANSMITTAL Workshop Meeting Date: January 24, 2024 Agenda Item Title: City Attorney training on ethics, law, decorum and parliamentary procedures at the request of City Council. Recommendation: The City Attorney recommends City Council discussion on matters relating to ethics, law and parliamentary procedures and decorum/hot topics. Backeround: Outlined matters for discussion/direction: (1) Ethics and Law (2) Parliamentary Procedures (3) Decorum and Hot Topics If Agenda Item Reauires Expenditure of Funds: Budgeted Amount: N/A Total Cost: N/A Funds to Be Utilized for Appropriation: N/A Attachments: 1) Materials for review relating to above discussion. Administrative Services Department Review: City Attorney Review - Procurement Procurement Divisio:f applicable: City Manager Authorization: Date:--- 23 of 45 Ethics and Law Florida Citizen Advisory Boards Applicable Law e Florida Statutes Ch. 112, Ch. 119, Ch. 86 w State of Florida Constitution Art. II §8 ("Sunshine Amendment") Topics: CODE OF ETHICS (FL and/or City) PUBLIC RECORDS LAW SUNSHINE LAW QUASI JUDICIAL v. QUASI LEGISLATIVE CODE OF ETHICS CODE OF ETHICS • Why do we need it? • Public officials should be independent, impartial and don't want public offices to be used for private gain • To make sure that all actions taken are in the public interest • Public official as to your board — can't speak on behalf of the body — act as a body, not individuals • Why should you be concerned? • Criminal penalties [rare; only if involving fraud/criminal activities] • Removal from office . Public reprimand • Civil fines up to $10,000 1. z. 3. 4. 5. 6. 7. Prohibited Activities Asking for or accepting gifts* Doing business with your agency Accepting compensation for your vote Misuse of position Conflicting employment or contractual relationships Misuse of privileged information Nepotism 8. Post -employment restrictions 9. Dual office holding io. Absenteeism from voting TOPICS OF ETHICAL CONCERN: ■ REQUIRED DISCLOSURES ■ GIFTS . HONORARIA (rare) ■ CONFLICT OF INTEREST REQUIRED DISCLOSURES �. Campaign Contributions ?. Honoraria & Gifts Financial Disclosures: Every board member must file full and public disclosure of their financial interests Annual reporting required (Form 6*) �. Conflicts of Interest More on Gifts: Prohibited gifts: ■ Any gift valued over $100 from a lobbyist, a political action committee [PAC] or a committee of continuous existence [CCE] ■ Any gift given to influence a vote Allowed Gifts/Disclosures Required: ■ Any gift over $100 from a source other than those prohibited ■ Any gift valued between $25 and $100 from a lobbyist, a PAC, or a CCE Allowed Gifts/Disclosure Not Required: ■ Any gift valued under $25 from a lobbyist, PAC or CCE ■ Any gift from other sources valued under $100 Honoraria Law FS §112.3149 Definition: ■ Acceptance of a payment (money or anything of value) for a speech or any writing other than a book Does not include: ■ Ordinary payment or salary related to one's public duties ■ Campaign contributions ■ Payment or provision of food, beverage, lodging, transportation costs, or registration fees related to th honorarium event I_; CONFLICTS OF INTEREST • Situation where a regard for your private interest may lead to a disregard for the public interest and duty • Applies when your (or your family's) private financial interests may benefit • Must abstain from voting in matter and disclosure required (Form 86) within 15 days • Unable to make impartial decision in QJ matter— FS 286.012 Conflict of Interest Law ■ Prohibits: �. Incompatible employment: When it would interfere with the proper discharge of official duties or impair acting in the public interest Z. Disclosure of confidential information: May not use confidential information to advance self or others' private or financial interests May not disclose any confidential information regarding property, government, or affairs of the city Representing private interests before city agencies: May not represent private interests in any action or proceeding against the interests of the city More on Conflicts of Interest 4. Contracts with the city: Must disclose a substantial or controlling financial interest in any business entity, transaction, or contract with the city as well as the sale of real estate, materials, supplies, or services to the city Must abstain from voting or participating in transaction on behalf of city or board Also must disclose to the state (Form 4A) 5. Disclosure of interest in litigation: Anyone who has a personal or financial interest in legislation by the City must disclose it on the record of CC if they participate in discussions with the CC PUBLIC RECORDS PUBLIC RECORDS LAW FS Ch. 119 • Definition: A. All docs, papers, letters, maps, books, tapes, photos, films, recordings or other material, regardless of physical form or characteristics B. Which was made or received C. pursuant to law or ordinance -or - in connection with the transaction of official business by any agency* D. Includes notes taken during meeting (*FS defines agency to include all advisory boards created by the City) SUNSHINE LAW SUNSHINE LAWS FL Constitution Art II §8 and FS Ch. 286 Applies to all elected or appointed members of boards of agencies A meeting of two or more members of the same board must be "in the sunshine" ® CAN'T HAVE OUTSIDE DISCUSSION ON BOARD MATTERS More on Sunshine Law • Is it a meeting? • ONLY if there is "foreseeable action" which may be taken by the board (decision making committees) • Does NOT apply to social gatherings where issues that may come before the board are not discussed • If a "meeting", then the board must give reasonable public notice of the meeting • Post the time and place of meeting • Should give at least 24 hours notice unless emergency session or as otherwise provided by law • If a "meeting" minutes must be taken to recon the meeting _j EX PARTE COMMUNICATIONS FS §286.0115 ■ Presumed to be prejudicial (harmful) • Any board member which discusses merits of any matter on which the board may take action must remove the presumption of prejudice . How to remove presumption: . Disclose on the record who the communication took place with and the subject of the communication More on Ex Partie's Written communications: . If relates to pending action is NOT presumed to be prejudicial but MUST be made a part of the record of the proceeding before vote taken . Investigations/Site Visits: . Are not presumed prejudicial (also applies to expert opinions) but MUST be made part of the record before vote taken Public Comment: • Must allow those with contrary opinion to express them . May limit to designated, reasonable and relevant, nonredundant . Quasi judicial — can't limit as much as quasi legislative Board Decisionmaking • Staff recommendations are based on criteria written in code = law • Board decisions must be based on law in code OR STATUTE . Your authority is vested in code . Must follow code or not legal • Can't use outside interests/fairness — must use criteria as laid out as justification for rulings Rulings must be able to stand up on appeal • Formal hearings: Due process (notice and opportunity to be heard) quasi legislative or quasi judicial Quasi Judicial v. Legislative a JUDICIAL: . if evidence must be considered for board to make decision, then must be quasi judicial hearing ■ If applies only to specific parties/parcels • Decisions must be made on the record from relevant substantial competent evidence based on applicable codes/law Quasi Judicial Requirements 1) Notice 2} Opportunity to be heard ■ Must allow each side to present evidence and testimony (be careful when limiting time) ■ Must allow cross exam of witnesses 3) Unbiased decision maker (no conflicts, ex parte communications or site visits) 4) Fair hearing conducted Quasi Judicial Requirements 5) Record made (minutes) - sworn testimony under oath - record must provide basis for decision for appeal — decision made based on substantial competent evidence 6) Issue development order or denial of development order from which to appeal - must have standing to appeal Quasi Legislative Matters that formulate policy Legislative public hearing Not as formal May limit public speakers time . only require due process (notice and opportunity to be heard) Government action upheld with legit public purpose (health/safety/welfare) Quasi Legislative No requirement to allow cross exam of witnesses Contact/Resources . www.ethics.state.fl.us 1/17/24, 3:56 PM Statutes & Constitution :View Statutes : Online Sunshine Select Year: 2023 Go The 2023 Florida Statutes (including Special Session Q Title X Chapter 112 View Entire PUBLIC OFFICERS, EMPLOYEES, AND PUBLIC OFFICERS AND EMPLOYEES: GENERAL Chapter RECORDS PROVISIONS 112.3143 Voting conflicts.— (1) As used in this section: (a) "Principal by whom retained" means an individual or entity, other than an agency as defined in s. 112.312(2), that for compensation, salary, pay, consideration, or similar thing of value, has permitted or directed another to act for the individual or entity, and includes, but is not limited to, one's client, employer, or the parent, subsidiary, or sibling organization of one's client or employer. (b) "Public officer" includes any person elected or appointed to hold office in any agency, including any person serving on an advisory body. (c) "Relative" means any father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in- law, son-in-law, or daughter-in-law. (d) "Special private gain or toss" means an economic benefit or harm that would inure to the officer, his or her relative, business associate, or principal, unless the measure affects a class that includes the officer, his or her relative, business associate, or principal, in which case, at least the following factors must be considered when determining whether a special private gain or loss exists: 1. The size of the class affected by the vote. 2. The nature of the interests involved. 3. The degree to which the interests of all members of the class are affected by the vote. 4. The degree to which the officer, his or her relative, business associate, or principal receives a greater benefit or harm when compared to other members of the class. The degree to which there is uncertainty at the tirne of the vote as to whether there would be any economic benefit or harm to the public officer, his or her relative, business associate, or principal and, if so, the nature or degree of the economic benefit or harm must also be considered. (2)(a) A state public officer may not vote on any matter that the officer knows would inure to his or her special private gain or loss. Any state public officer who abstains from voting in an official capacity upon any measure that the officer knows would inure to the officer's special private gain or loss, or who votes in an official capacity on a measure that he or she knows would inure to the special private gain or loss of any principal by whom the officer is retained or to the parent organization or subsidiary of a corporate principal by which the officer is retained other than an agency as defined in s. 112.312(2); or which the officer knows would inure to the special private gain or loss of a relative or business associate of the public officer, shall make every reasonable effort to disclose the nature of his or her interest as a public record in a memorandum filed with the person responsible for recording the minutes of the meeting, who shalt incorporate the memorandum in the minutes. If it is not possible for the state public officer to file a memorandum before the vote, the memorandum must be filed with the person responsible for recording the minutes of the meeting no later than 15 days after the vote. (b) A member of the Legislature may satisfy the disclosure requirements of this section by filing a disclosure form created pursuant to the rules of the member's respective house if the member discloses the information required by this subsection. www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0112/Sections/0112.3143.html 38 of & 1/17/24. 3:56 PM Statutes & Constitution :View Statutes : Online Sunshine (3)(a) No county, municipal, or other local public officer shall vote in an official capacity upon any measure which would inure to his or her special private gain or loss; which he or she knows would inure to the special private gain or loss of any principal by whom he or she is retained or to the parent organization or subsidiary of a corporate principal by which he or she is retained, other than an agency as defined in s. 112.312(2); or which he or she knows would inure to the special private gain or loss of a relative or business associate of the public officer. Such public officer shall, prior to the vote being taken, publicly state to the assembly the nature of the officer's interest in the matter from which he or she is abstaining from voting and, within 15 days after the vote occurs, disclose the nature of his or her interest as a public record in a memorandum filed with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the minutes. (b) However, a commissioner of a community redevelopment agency created or designated pursuant to s. 163.356 or s. 163.357, or an officer of an independent special tax district elected on a one -acre, one -vote basis, is not prohibited frorn voting, when voting in said capacity. (4) No appointed public officer shall participate in any matter which would inure to the officer's special private gain or loss; which the officer knows would inure to the special private gain or loss of any principal by whom he or she is retained or to the parent organization or subsidiary of a corporate principal by which he or she is retained; or which he or she knows would inure to the special private gain or loss of a relative or business associate of the public officer, without first disclosing the nature of his or her interest in the matter. (a) Such disclosure, indicating the nature of the conflict, shall be made in a written memorandum filed with the person responsible for recording the minutes of the meeting, prior to the meeting in which consideration of the matter will take place, and shall be incorporated into the rninutes. Any such memorandum shall become a public record upon filing, shall immediately be provided to the other members of the agency, and shall be read publicly at the next meeting held subsequent to the filing of this written merorandum. (b) In the event that disclosure has not been made prior to the meeting or that any conflict is unknown prior to the meeting, the disclosure shall be made orally at the meeting when it becomes known that a conflict exists. A written memorandum disclosing the nature of the conflict shall then be filed within 15 days after the oral disclosure with the person responsible for recording the minutes of the meeting and shall be incorporated into the minutes of the meeting at which the oral disclosure was made. Any such memorandum shall become a public record upon filing, shall immediately be provided to the other members of the agency, and shall be read publicly at the next meeting held subsequent to the filing of this written memorandum. (c) For purposes of this subsection, the term "participate" means any attempt to influence the decision by oral or written communication, whether made by the officer or at the officer's direction. (5) If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. (6) Whenever a public officer or former public officer is being considered for appointment or reappointment to public office, the appointing body shall consider the number and nature of the memoranda of conflict previously filed under this section by said officer. History. s. 6, ch. 75-208; s. 2, ch. 84-318; s. 1, ch. 84-357; s. 2, ch. 86-148; s. 5, ch. 91.85; s. 3, ch. 94-277; s. 1408, ch. 95-147; s. 43, ch. 99-2; s. 6, ch. 2013-36. Copyright n 1995-2024 The Florida Legislature • Privacv Statement • Contact Us www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0112/Sections/0112.3143.html 39 of � 1/17/24, 3:50 PM Statutes & Constitution :View Statutes . Online Sunshine Select Year: 2023 Go The 2023 Florida Statutes (including Special Session Q Title XIX Chapter 286 View Entire Chapte, PUBLIC BUSINESS PUBLIC BUSINESS: MISCELLANEOUS PROVISIONS 286.012 Voting requirement at meetings of governmental bodies. —A member of a state, county, or municipal governmental board, commission, or agency who is present at a meeting of any such body at which an official decision, ruling, or other official act is to be taken or adopted may not abstain from voting in regard to any such decision, ruling, or act; and a vote shall be recorded or counted for each such member present, unless, w th respect to any such member, there is, or appears to be, a possible conflict of interest under s. 112,311, s. 112—M, s. 112.3143, or additional or more stringent standards of conduct, if any, adopted pursuant to s. 112.326. If there is, or appears to be, a possible conflict under s. 112.311, s. 112.313, or s. 112.3143, the member shall comply with the disclosure requirements of s. 112.3143. If the only conflict or possible conflict is one arising from the additional or more stringent standards adopted pursuant to s. 112.326, the member shall comply with any disclosure requirements adopted pursuant to s. 112.326. If the official decision, ruling, or act occurs in the context of a quasi- judicial proceeding, a member may abstain from voting on such matter if the abstention is to assure a fair proceeding free from potential bias or prejudice. History.—s. 1, ch. 72-311; s. 9, ch. 75-208; s. 2, ch. 84-357; s. 13, ch. 94-277; s. 19, ch. 2013-36; s. 7, ch. 2014-183. Copyright O 1995-2024 The Florida Legislature • Privacv Statement • Contact Us www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0200-0299/0286/Sections/0286.012.htmI 40 of 0 PARLIAMENTARY PROCEDURE BASICS: Parliamentary procedure, or parliamentary law, refers to the rules for a meeting — that is, the agreed upon rules a group of people use when they come together, present and discuss choices, and make decisions. Decorum is key — acting appropriately professionally and in the best interest of the citizenry. Caselaw — Courts have recognized the use and authority of parliamentary procedures for governmental bodies and that, in certain circumstances, those procedures can be binding. Robert's Rules of Order is a leading source of parliamentary law in the United States, first published in this country in 1876. However — Parliamentary rates nol adopted as part of a gover mental body's organic law may be waived or disregarded, and courts will nol gforce their observance. The failure of the county commissioners to observe a general rule of parliamentary procedure did not violale my parry's procedural dire process right c " Parliamentary Procedures: 1. Distribute a Clear Agenda in Advance — A clear agenda provides a road map for all involved. Include on the agenda suggested motions. The suggested motions will structure the debate. When a motion is stated clearly and published beforehand, the reaction of the public is focused and almost always enlightening.. Put all routine or noncontroversial matters on a consent agenda that can be approved in gross or without debate or amendment by a single vote. There is no regpirement to discuss every item on an agenda. Any member wanting to discuss a matter on a consent agenda can request to do so. 2. Prepare for the Meeting— The presumption when distributing an agenda in advance of a meeting is that the materials will be read and studied prior to the meeting, and that members will come to the meeting ready to debate and act. The rule is protection against the use of reading as a means of prolonging debate and delaying business. 41 of 45 I Elect an Effective Person to Preside or Chair the Meeting —The chair is ideally someone capable of implementing and administering parliamentary rules consistent with a charter, statutes, standing rules, bylaws, or other rules of the organization. He or she needs to be able to interrupt repetitive and offensive comments. the long-winded. and those people musing aloud about half-baked concepts. Frivolous comments can be ruled out of order. '11ie chair or any other member can "call a member to order." Comments and members declared out of order are not entitled to be recoi4gized. 4. Regruest Recognition to Speak —Everybody in a meeting cannot talk at once; turns must be taken. Anyone wanting to speak, therefore, needs to be recognized by the chair. If the speaker is entitled to speak at the time, the chair will recognize the speaker, normally by announcing the person's name or title. Once a speaker has been recognized, he or she has the exclusive right to speak without interruption. 5. A Motion Must Precede Anv Discussion of an Issue — All discussion should be relevant to a pending motion. All other statements, comments, or remarks are out of order. "Keeping business `on track.' G. Set Reasonable Limits —The number and length of meetings, speeches, presentations, and public comment can all be set by rule. F.S. §286.0114 requires public comment: `lIlen/bers of the public shall beghen a reasonable opporllrnily to be heard on a p/nposil on before a board or !oplmission. The oppotrunit , to be heard need trot oa-ur at the same meeting at which the board or coflinfission takes o lG7a% at -lion on tGC plYrpo.frttorJ f the opportunity occuts at a nteetin,g that is dniiii ,g the decision -making p/neess and is within rrusonaGle pmaimitj in time before the meeting at which the board or conmiiscion lakes the o�icial action. " The opportunity to be heard needs to occur at or before the meeting at which the official action takes place. The law does not otherwise specifj• when or how much. Subsection (4)(d). authorizes a board or commission to "ldlesignate a specified period... for public comment." 42 of 45 F.S. §125.66(4)(a)7 requires additional public comment when adopting ordinances and some resolutions. Public comment policies typically contain a public comment period at the beginning of a meeting, at the end of a meeting, or when comment goes to a specific item on an agenda. Comment periods can be limited or unlimited. Time limits fregyiently range from 15 to 30 minutes per period. A public commenter's time can be limited or unlimited. Time limits, frquently range from one to five minutes per speaker. Conclusion Using these suggested procedures help produce better, more productive meetings. 43 of 45 K DECORUM HOT TOPICS: JUST BECAUSE YOU'RE ON A BOARD - Doesn't mean you're entitled to gifts - Doesn't mean you can steal (exactions) (public funds) - Doesn't mean your kids should get jobs - Doesn't mean you can bully your friends (council members) - Doesn't make you an expert - Doesn't let you have secret meetings with your friends (council members) - Doesn't mean you can hide your (public business) emails / texts / social media 45 of 45