HomeMy WebLinkAboutDocumentation_Regular_Tab 01_4/9/2020Agenda Item #1.
Regular Council
STAFF MEMO
Meeting: Regular Council - Apr 09 2020
Staff Contact: Keith Davis, Village Attorney
Department: Legal
A
RESOLUTION 12-20, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, ADOPTING POLICY AND IMPLEMENTING PROTOCOLS FOR THE USE
OF COMMUNICATIONS MEDIA TECHNOLOGY TO FACILITATE ATTENDANCE BY ELECTED
AND APPOINTED OFFICIALS AT PUBLIC MEETINGS AND 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
ATTACHMENTS: '
Res 12-20 CMT Protocols KWD FINAL
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Agenda Item #1.
RESOLUTION 12-20
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, ADOPTING POLICY AND IMPLEMENTING
PROTOCOLS FOR THE USE OF COMMUNICATIONS MEDIA
TECHNOLOGY TO FACILITATE ATTENDANCE BY ELECTED AND
APPOINTED OFFICIALS AT PUBLIC MEETINGS AND 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;
PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER
PURPOSES.
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
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
1 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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Agenda Item #1.
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
WHEREAS, on March 13, 2020 a State of Emergency was declared in the
Village of Tequesta 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 Village 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 Village Council finds that it is in the best interest of Village of
Tequesta officials, staff, residents, businesses and guests to adopt the
"Communications Media Technology" policy and protocols contained in this Resolution,
and to authorize the Village Manager to implement same from time to time as
appropriate during the continuation of the current State of Emergency in the Village of
Tequesta 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 VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA THAT:
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
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Agenda Item #1.
procedures and formalities pertaining to the operation of the Village of Tequesta may be
waived as follows, in furtherance of the health, safety and welfare of the Village.
Section 2. Purpose. The purpose of this Policy is to establish the protocols by
which Village of Tequesta 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 Village of Tequesta 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.
"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 Village Council hereby determines that it is
appropriate to conduct Electronic Meetings using Communications Media Technology in
order to conduct business of the Village whenever there exists in the Village 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
Village Manager is delegated the authority, during any such state of emergency, to
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Agenda Item #1.
implement the use of Electronic Meetings in the Village of Tequesta pursuant to this
Policy and this Resolution.
Section 5. Notice. Prior to the commencement of any Electronic Meeting in the
Village of Tequesta, the Village 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.
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 Village 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
government decision -making body shall preside over the meeting. In order to minimize
the occurrences of multiple simultaneous speakers, members of the government
decision -making body participating from Remote Locations shall refrain from speaking
until called upon by the Mayor or Chair. Public comments submitted to the Village Clerk
or designee shall be read into the record at the direction of the Mayor of Chair of the
government decision -making body.
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.
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Agenda Item #1.
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 Village 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. This Resolution shall take effect immediately upon adoption.
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