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HomeMy WebLinkAboutResolution_24-24_12/12/2024 RESOLUTION NO. 24-24 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, ADOPTING NEW RULES FOR PUBLIC PARTICIPATION AND DECORUM AT PUBLIC MEETINGS IN CONFORMANCE WITH CURRENT STATE LAW AND RECENTLY PUBLISHED OPINIONS FROM THE UNITED STATES COURT OF APPEALS FOR THE 11T" CIRCUIT; REPEALING ALL PREVIOUSLY ADOPTED RULES FOR PUBLIC PARTICIPATION AND DECORUM AT PUBLIC MEETINGS; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. WHEREAS, the Village of Tequesta has historically run its public meetings, whether Village Council meetings, Planning & Zoning Board meetings, or any other public meeting of an appointed collegial board in conformance with adopted rules for public participation and decorum; and WHEREAS, these rules for public participation and decorum at public meetings as originally adopted by the Village Council, and as amended by the Village Council from time to time, have conformed with both statutory law and case law that provided limitations and guidance; and WHEREAS, on September 16, 2024 and October 8, 2024 respectively, the United States Court of Appeals for the Eleventh Circuit issued opinions in the cases of McDonough v. Garcia, et al. (Case No. 22-11421), and Moms for Liberty — Brevard County. FL v. Brevard Public Schools, et al. (Case No. 23-10656); and WHEREAS, both the McDonough case and the Moms for Liberty case revise and clarify First Amendment jurisprudence applicable to public comments at local government meetings, necessitating the repeal of the Village's former rules for public participation and decorum at public meetings, and the adoption of new, revised rules; and WHEREAS, the Village Council has determined that it is in the best interests of the Village and its residents and businesses to adopt the updated and revised rules for public participation and decorum at public meetings contained in this resolution in order that the Village Council and its appointed boards siting as collegial bodies continue to be able to regulate public participation and decorum at their respective meetings in conformance with current guidance and limitations contained in statutory law and case law. 1 NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA THAT: Section 1: The foregoing recitals are true and correct, and are incorporated into this resolution as if fully set forth in this section. Section 2: The Village Council of the Village of Tequesta, Florida, hereby adopts the following rules for public participation and decorum at public meetings to be enforced at all public meetings of the Village Council and its appointed collegial boards: RULES FOR PUBLIC PARTICIPATION AND DECORUM AT PUBLIC MEETINGS A. GENERALLY. These rules for public participation and decorum at public meetings are adopted in conformance with the legal requirements contained in Section 286.0114, Florida Statutes (2024), and the First Amendment principles explained in the United States Eleventh Circuit Court of Appeals cases of McDonough v. Garcia, et al. (Case No. 22- 11421), and Moms for Liberty — Brevard County. FL v. Brevard Public Schools, et al. (Case No. 23-10656). In accordance therewith, public meetings of the Village of Tequesta Council and its appointed collegial boards are declared to be "Limited Public Forums" whereby the Village's Council Chambers or other dedicated meeting rooms are opened to the public from time to time for the limited purpose of allowing the public to attend and to speak at noticed meetings which are convened for the limited purpose of the discussion of specific subjects and topics relevant and pertinent to the Village Council as a collegial body or to any other appointed collegial board. In a Limited Public Forum, rules of public participation and decorum may restrict speech, including subject matter, in ways that are reasonable in light of the purpose served by the meeting, and that are viewpoint neutral. The Village Council has determined that the rules for public participation and decorum at public meetings set forth in this resolution are, in fact, in conformance with the requirements of Sec. 286.0114, Florida Statutes (2024), are reasonable in light of the purpose served by the meeting and are viewpoint neutral. B. POSTING OF RULES. These rules for public participation and decorum at public meetings are to be posted and/or read aloud at the appropriate time during the Village Council meeting, or other meetings of appointed collegial boards, so that everyone in attendance is aware of them in advance. C. PUBLIC COMMENT GENERAL PROCEDURES. The Village of Tequesta welcomes comments from the public during its public meetings. Members 2 of the public shall be given a reasonable opportunity to make general comments which are relevant and pertinent to the Village Council, or to any other appointed collegial board that is meeting, and also to speak and be heard on specific items on the particular meeting agenda. 1. Each speaker is allowed one (1) opportunity per agenda item to speak for a maximum of three (3) minutes, as well as one (1) additional opportunity to speak on relevant and pertinent non-agenda item topics unless the individual speaker is allowed additional time by the presiding officer. Speakers may not yield their allotted three (3) minutes to a second speaker in order to allow that second speaker an opportunity to speak for six (6) minutes. 2. When called to speak by the presiding officer, all comments shall be made from the appropriate podium so that the person speaking can be seen by the Village Council or other appointed collegial board, and so that the podium microphone captures and amplifies the speech for ease of hearing it, and for inclusion in the audio record of the meeting. Persons speaking shall identify themselves by name and address; and if the speaker is representing a group or organization, the group or organization should also be identified. 3. Since Florida's Sunshine Law makes noticed public meetings the ONLY opportunity for the Village Council, or other appointed collegial boards, to discuss relevant matters and to take action thereon as appropriate, the purpose of public comment at such meetings is to communicate with the Village Council or other appointed collegial board regarding matters that are relevant and pertinent to them, or regarding agenda items that they are considering at that meeting. Therefore, all public comments shall be made to the Village Council or other appointed collegial board through the presiding officer of the meeting. It is inappropriate to attempt to address Village Staff, the Village Manager or the Village Attorney directly during public comment. Matters under the purview of Village Staff, the Village Manager or the Village Attorney can be discussed with those individuals at any time during regular business hours without the necessity of calling and noticing a public meeting to do so. 4. Village Council members, or other appointed collegial board members, are free to ask the person speaking questions in order to clarify the comments made; however, the person speaking shall not attempt to engage members of the Village Council or other appointed collegial board members, or Village staff, in debate over any issue raised. Rather, persons speaking shall simply make their comments and request that the Village Council or other appointed collegial board consider them. D. PUBLIC COMMENT ABOUT SPECIFIC TOPICS ON THE MEETING AGENDA. Any member of the public shall be allowed to address the 3 Village Council or other appointed collegial board on any item on the meeting agenda in accordance with the rules and exceptions set forth in this resolution. 1. Prior to making public comment, the person desiring to speak should complete a comment card and provide it to the meeting clerk before the agenda item is considered and discussed by the Village Council or other appointed collegial board. 2. The right to speak and make public comment does not apply to the following types of agenda items: a. An official act that must be taken to deal with an emergency situation affecting the public health, welfare, or safety, if compliance with the requirements would cause an unreasonable delay in the ability of the Village Council or other appointed collegial to act; b. Matters which require no more than a ministerial act, including, but not limited to, approval of minutes, the reading of proclamations, and the making of presentations to the Village Council when the presentation is for information purposes only with no action being taken afterwards; c. Any agenda item for a meeting that is exempt from Section 286.011, Florida Statutes, (the "Florida Sunshine Law"); or d. A meeting during which the Village Council or other appointed collegial board is acting in a quasi-judicial capacity. However, this paragraph does not affect the right of a person to be heard as otherwise provided by law. E. PUBLIC COMMENT ABOUT TOPICS NOT ON THE MEETING AGENDA. The Village Council and all of the Village Council's appointed boards are collegial bodies are bound by the Florida Sunshine law. As such, their members are prohibited from discussing with each other any matter reasonably foreseeable to come before them for action EXCEPT at a properly noticed public meeting where minutes are kept and promptly recorded. Therefore, Village Council meetings and meetings of other appointed collegial boards are the ONLY opportunity these collegial bodies have to discuss relevant matters and take action thereon as appropriate. It is therefore determined by the Village Council to be reasonable to limit the subject matter for non-agenda item public comments at these meetings to topics that are relevant and pertinent to the Village Council or to any other sitting appointed collegial board. 1. By way of example and not limitation, topics relevant and pertinent to the Village Council include the enacting of local legislation, the adopting of budgets and the setting of tax rates, the determination of policies for 4 Village operations, and other matters associated with or that impact local government operations, including but not limited to matters related to the State of Florida Code of Ethics, the Palm Beach County Code of Ethics, and the Palm Beach County Office of Inspector General, or that impact the Tequesta residential or business communities. 2. By way of example and not limitation, topics NOT relevant or pertinent to the Village Council include activities undertaken by individual Council members on their own behalf, outside of public meetings (the Village Council is not the keeper of its individual members), Village staff issues (by Village Charter all staffing matters are handled by the Village Manager) except for issues related to the Village Manager or Village Attorney, and topics irrelevant to Village operations or to the Tequesta residential or business communities. 3. The Village Council or other appointed collegial board may, by majority vote of the council or board then present at the public meeting, overrule its presiding officer's determination regarding relevance and pertinence of any particular public comment topic. F. RULES OF DECORUM. The presiding officer of the Village Council or other appointed collegial board shall preserve order and decorum at its public meetings as follows: 1. Public meetings shall be conducted in a professional, business-like manner. Village Council or board members, Village staff, and all members of the public are expected to exercise professionalism and courtesy to everyone in attendance at such meetings at all times, and to the meeting process as a whole. 2. In conducting the public's business, the Village Council and all of its appointed collegial boards are committed to the principles of civility, honor, and dignity. Members of the public appearing before the Village Council or an appointed collegial board are expected to observe the same principles when making public comments. 3. The Village Council recognizes the right and the duty of its residents to offer criticism and opposition against matters to which they are opposed. As such, critical public comment along with neutral or supportive public comment is always welcome. Criticism regarding any particular Village Council action, or any individual Council member's stated position or vote on a particular agenda item is welcome. Likewise, criticism regarding decision-making on matters associated with or that impact local government operations or that impact the Tequesta residential or business communities is also welcome. 5 4. Threats of violence directed at anyone are prohibited. A "threat of violence" is defined as a verbal declaration of imminent or future physical or mental harm made by one person and directed to another person or persons. 5. Fighting words are prohibited. "Fighting words" are defined as personally directed epithets that when made to the reasonable person are, as a matter of common knowledge and custom, inherently likely to provoke a physically or verbally violent reaction. 6. Unrecognized remarks from the audience are prohibited. An "unrecognized remark" is defined as any audible statement or comment made by a person in the meeting room without having first been recognized by the presiding officer to come to the podium to make public comment. An "unrecognized remark" is also defined as any public comment that continues past the speaker's allotted time to speak (usually three (3) minutes). 7. Outbursts and yelling are prohibited. "Outbursts and yelling" are defined as the act of intentionally making an audible sound of any kind at a volume above that ordinarily used in an indoor professional setting. Sneezing and coughing are not included in this definition. 8. Meeting Disruptions are prohibited. A "meeting disruption" is defined as any physical act or verbalization that prevents the Village Council or any appointed collegial board from conducting or continuing to conduct its meeting in a professional, business-like manner. 9. Abusive comments are prohibited. An "abusive comment" is defined as one which is personally insulting, intentionally cruel, or meant to convey a personal insult against another person's appearance or demeanor, or against another person's conduct not related to the business of the public meeting at which the comment is made, and not related to a Village Council member's or other appointed collegial board member's conduct at the current or a previous public meeting. G. ENFORCEMENT OF RULES FOR PUBLIC PARTICIPATION AND DECORUM AT PUBLIC MEETINGS. The presiding officer of the Village Council or other appointed collegial board is responsible for determining whether a rule for public participation and decorum at public meetings has been violated, and for enforcement of the rules as set forth in this resolution: 1. Should the presiding officer make a determination that a rule of public participation or decorum has been violated, the presiding officer shall interrupt the meeting and the violator shall be given a verbal warning to immediately cease and desist from any further violations. The presiding 6 officer shall warn the violator that any subsequent violation may result in their being removed from the meeting. The meeting shall then resume and proceed. 2. Following the issuance of a verbal warning, should the presiding officer make a determination that any rule of public participation or decorum has again been violated by the same person at the same meeting, the violator shall be directed to leave the meeting. In the event that the violator fails to comply with this direction, the presiding officer may direct Village law enforcement to assist. 3. The Village Council or other appointed collegial board may, by majority vote of the council or board members then present at the public meeting, overrule its presiding officer's determination regarding enforcement of these rules. Section 3: All previously adopted rules of public participation and decorum at public meetings are hereby repealed. Section 4: This Resolution shall take effect immediately upon adoption. 7 3 a RESOLUTION DATE 24-24 12/13/24 MOTION Council Member Patrick Painter SECOND Vice-Mayor Rick Sartory FOR AGAINST ABSENT CONFLICT Mayor Molly Young ❑ ❑ ❑ Vice-Mayor Rick Sartory 0 ❑ ❑ ❑ Council Member Laurie Brandon 0 ❑ ❑ ❑ Council Member Patrick Painter 171 ❑ ❑ ❑ Council Member Jayson E. French 0 ❑ ❑ ❑ The Mayor thereupon declared the Resolution duly passed and adopted. MAYOR OF TEQUESTA: Molly Young o°F T ,,, '.INCORPORATED:' ATTEST: voE 4 Lori McWilliams, MMC Village Clerk