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Home My WebLink AboutHandouts_Regular_ AOM_05/12/2016 � c � � . � � �i��G,` G��izi� a��a� �� ATTORNEYS AT LAW 111 I Hypoluxo Road, Suite 207 ��f,�� .�'��62 JOHN CORBETT TELEPHONE (561) 586-7116 TRELA J. WHITE TELECOPIER (561) 586-9611 KEITH W. DAVIS* BRADLEY W. BIGGS*^ * Boazd Certified in City, County and Local Government Law R. MAX LOHMAN ^ State Certified County and Circuit Court Mediator ABIGAIL FORRESTER JORANDBY JENNIFER GARDNER ASI-TTON **AICP, LEED AP ERIN L. DEADY, P.A., of Counsel** MEMORANDUM TO: Mayor Brennan CC: Village Manager Couzzo FROM: Village Attorney Davis DATE: May 21, 2013 RE: Order of Speaking at Council Meetings You have asked for input regarding the order of speaking at Village Council Meetings. The intent is to provide for a process that flows smoothly and that allows all persons involved to have good information regarding the thoughts and opinions of others who are participating in the discussion. I offer the following for your consideration: 1. Generally, rules of parliamentary procedure, e.g. Roberts' Rules of Order, recognize that prior to an item being debated or discussed; it should be introduced by motion, followed by a second. Many times, even though a council member may be opposed to the item, they will second the motion "for purposes of discussion." The seconding of a motion in no way obligates the maker of the second to vote with the person that made the original motion. 2. The making of a staff report or Council member or committee report does not require a motion. The report can simply be made at the direction of the Chair. Also, quasi judicial matters have their own unique process and requirements, which is beyond the scope of this Memorandum. 3. It is appropriate and proper for the Council to have the initial discussion about an item after it has been placed on the floor for discussion. Many times, questions or concerns 1�Pa�e 5 �, } .� ._k � �� . L� q �, � handa.ct � r , � . ' � . . . �� . ► held by members of the audience will be answered through this round of Council discussion. Once a11 Council members have had an opportunity to discuss and debate the item, if appropriate, it may be presented to the audience for public comment. 4. Note that with the passage into law of SB 50 this legislative session, members of the public must be given at least one opportunity to speak on action items. Exceptions to this requirement exist for quasi judicial matters, emergency matters, and matters that are exempt from Sunshine Law requirements. The opportunity to speak must be at some point during the decision-making process within reasonable progimity to the point that Council action is taken. 5. Public comment may raise additional issues or draw attention to points of view that differ from those expressed by the Council during its initial round of discussion. Therefore, following public comment, Council should be offered the opportunity for another, final round of discussion. 6. Once Council has fully discussed and debated the matter, the Chair should "call the question" and a vote should be taken on the original motion. 7. By adhering to this basic process, regular Council business should be handled smoothly and uniformly from agenda to agenda, and item to item. Should you require anything further relative to this topic, please let me know. 2�� RESOLUTION NO. 25-13 A RESOLUTION OF THE VII.LAGE COUNCII. OF THE VII.LAGE 4F TEQIIESTA, F�ARIDA, PRO'VIDIl�iG FOR PUBLIC PARTICIPA�iON RULES OR POLICIES IN ACCORDANCE WITH NEWLY ADOPTED FLORIDA SENATE BILL 50 WffiCH IS COD�'lED AT 5ECTION 286.01.14, FLORIDA STATUTES; PROVIDING AN EFFECTIVE DATE, AND FOR 01'HER PURPOSES. WHEREAS, the Village of Tequesta (the `Nillage") desires to provide for public patticipation at all of its public m�tmgs in accordance with newiy adoptsd legislation codified at Section 286.011 �4, Florida Statutes, in order to insure sufficient opportunity for the public to be heard; and WHEREAS, the Village Council of the Village of Tequesta, Florida, believes that it is in the best interests of the health, safety and welfare of its citizens to provide such rules or policies for public garticipadon at public mee�ings of the Village Councii of the Village of Tequest�. and all other formally appointed Boards and Commissians. NOW, THEREFORE, BE 1T RESOLVED BY THE VILLAGE COUNCII. 4F THE VILLAGE OF TEQUESTA, FLORIDA: Section 1: The Village Council of the Village of Tequesta, a municipal cvrpvration, hereby adopts the following public participation rules or policies to be foltowed at public meetings of the Village Council of the Village of Tequesta and atl other formally appointed Boards and Commissions: PUBLIC PARTICIPATION AND OPPORTUNITY TO BE AEARD. A. GENERALLY. The Village of Tequesta, Florida, welcomes comments from the public who shall be given a reasonable opportunity to be heard on items pla�ced on the agenda as provided for below in accardance with Section 286.0114, Flarida Statutes. Each speaker is only allowed one (1) opportunity per topic to speak for a maximum. of three (3) minutes unless allowed additionai time bp the presidin.g officer. By way of example, a citizen. may not give his or her allotted three (3) miautes to another persan in order to allow them to speak for six (6) minutes. Any citizen desiring to speak at a public meeting in. accordance with these rules sha11 identify him/herself by name and address, and if the speaker is speaking for a group ' or organization, she/he should so state. Citizea comments will be directed to the Council or Board, as a body through its presiding officer. Remazks sha11 not be addressed to a single member of the Council or Board, the Attorney, or the Manager unless a majority of the members present for the Council or Board shall so agree. ' The members af the Council or Board are free to ask questions to clarify the ; 1 - � j ` � ��'-`� citizen's comment. Citizens sha11 not attempt to engage members of the Couucil or Board or sta.ff in debate over tb.e issue raised, but shall simply make their statement and request that the Council or Soard consider the matter. B. TOPICS ON THE AGENDA. The citizens will be allowed. to speak on any item on the agenda following the general rules set forth in subparagraph A. above, and upon the fil� out af a comment card ta be provided to the me�ting clerk prior to the agenda item being discussed. According to s�tate law, this right to speak does not apply to the following: 1. An official act that must be taken to deal with an emergency situation affecting the public heaith, welfaze, or safety, if compliance with the requirements would cause an unreasonable delay in the ability of the Council or Board to act; Z. An official act involving no more than a ministerial act, including, but not limited to, approval of minutes and ceremomial proclamations; 3. A meeting tha.t is exempt from Sectian 286.011, Florida Statutes, {the "Florida. Sunshine Law"); or 4. A meeting during which the Village Couacil or one of its boazds or commissions is acting in a quasi jucl�cial cagacity. This paragraPh does not affect the righ# of a person to be heard. as othex wise provided by law. C. TOPICS NOT ON THE AGENDA. An.y person wishing to address the Village Council or one of its boards or commissions an topics not on the agenda ma.y speak under the partion of the agenda, entitled "Public Comments" or words to that effect and must follow the general rules set forth in subparagraph A. above. Section 2: This Resolution shall take effect immediately upon adoption. ' 2 , � ; . —� � , M � ', r``r , • ' � � The foregoing Resolution was offered hy Cauncil Member Paterna who moved its adoption. The motion was seconded by Councit Member Okun and upon being put to a vote, the vote was as follows: For Adoption Against Adaptian Mayor Abby Brennan X Vice-Mayor Vince Arena X Council Member Steve Okun X Council Mem6er Tom Paterno X Cauncil Member Frank D'Ambra X The Mayor thereupon declared the Resolution duly passed and adapted this I2`� day of September 2013. MAYOR OF TEQUESTA . L 1 �� ....----'"----' � Abigail •ennan ATTEST: ` ,��tttl t H t e trtr�p�.,''i ��.��`��I�L� ,, ., •• ' Coy ;. . .. � � :D '. �c ��i:m�:. � n- ��'`�� - �� :c�: . � Lori McWilliams, MMC =0,�.�z '�',�' +% F ; ;�y�. Village Clerk '°. ,c'•r9�7 0 : � r° `' < <,0 R t � A � � < < � �' ``,,`. ^ � ' � Statu�es & Constitution :View °;utes : Online Sunshine '�� Page 1 of 2 Select Year: 2015 v Go The 2oi5 Florida Statutes Title XIX Chapter 286 View Entire Chapter PUBLIC BUSINESS PUBLIC BUSINESS: MISCELLANEOUS PROVISIONS 286.0114 Public meetings; reasonable opportunity to be heard; attorney fees.— (1) For purposes of this section, "board or commission" means a board or commission of any state agency or authority or of any agency or authority of a county, municipal corporation, or political subdivision. (2) Members of the pub lic shall be given a reasonable opportunity to be heard on a propositi before a board or commission. The opportunity to be heard need not occur at the same meeting at which the board or commission takes official action on the proposition if the opportunity occurs at a meeting that is during the decisionmaking proces and i within reasonabte proximity in time before the meeting at which the board or commission takes the official action. This section does not arohibit a board or commission from m aintaining orderly con duct or proper decor in a publ� ic meeting. The opportunity to be heard is subject to rules or policies adopted by the board or commission, as provided in subsection (4). (3) The requirements in subsection (2) do not apply to: (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 board or commission to act; (b) An official act involving no more than a ministerial act, induding, but not limited to, approval of minutes and ceremoniat proclamations; (c) A meeting that is exempt from s. 286.011; or (d) A meeting during which the board or commission is actin� in a quasi-judicial capacity. This � par raph does not affect the right of a person to be heard as otherwise provided by law. •� (4) Rules or policies of a board or commission which govern the opportunity to be heard are limited � a to those that: (��✓' (a) Provide guidetines regarding the amount of time an individual has to address the board or � V commission; (b) Prescribe procedures for allowing representatives of groups or factions on a proposition to � address the board or commission, rather than all members of such groups or factions, at meetings in �'1 which a large number of individuals wish to be heard; �' (c) Prescribe procedures or forms for an individual to use in order to inform the board or commission of a desire to be heard; to indicate his or her support, opposition, or neutrality on a proposition; and to indicate his or her designation of a representative to speak for him or her or his or her group on a -, proposition if he or she so chooses; or (d) Designate a specified period of time for pubtic comment. , http://vwvw.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0200-02... 5/12/2016 ' 1 Statutes & Constitution :View `� �utes : Online Sunshine �•, Page 2 of 2 , . ; � (5) If a board or commission adopts rules or policies in compliance with this section and follows such rules or policies when providing an opportunity for members of the public to be heard, the board or commission is deemed to be acting in compliance with this section. (6) A circuit court has jurisdiction to issue an injunction for the purpose of enforcing this section upon the filin� of an application for such injunction by a citizen of this state. (7)(a) Whenever an action is filed against a board or commission to enforce this section, the court shall assess reasonable attorney fees a�ainst such board or commission if the court determines that the defendant to such action acted in violation of this section. The court may assess reasonable afitorney fees against the individual filin� such an action if the court finds that the action was filed in bad faith or was frivolous. This paragraph does not apply to a state attorney or his or her duly authorized assistants or an officer charged with enforcing this section. (b) Whenever a board or commission appeals a court order that has found the board or commission to have violated this section, and such order is affirmed, the court shall assess reasonable attorney fees for the appeal against such board or commission. (8) An action taken by a board or commission which is found to be in violation of this section is not void as a result of that violation. History.—s. 1, ch. 2013-227. Copyright O 1995-2016 The Ftorida Legislature • Privacv Statement • Contact Us I http:Uwww.leg. state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0200-02... 5/ 12/2016