HomeMy WebLinkAboutDocumentation_Workshop_Tab 02_07/30/2018 RESOLUTION NO.25-13
A RE.SOLUTION OF THE VII.LAGE COUNCII. OF THE VII.LAGE OF
TEQUESTA, FLORIDA, PROVIDING FOR PUBLIC PARTICIPA�i(�N
RULES OR POLIC'IES IN ACCORDANCE WITH NEWLY ADOPTED
FLORIDA SENATE BILL 50 WHICH IS CODII�IED AT SECTION 286.0114,
FLORIDA STATUTES; PROVIDING AN EFFECTIVE DATE, AND FOR
OTHER PURPOSFS.
WHEREAS,the Village of Tequesta(the"Village")desires to provide for public participation at
all of its public meetings in accordance with newly ado�pbed legislation codified at Section 286A114,
Florida Staddes,in order to ins�ue sufficient opQo�mity 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
participation at public meetings of the Village Council of the Village of Tequesta and all o�er fotmally
appointed Boatds and Commissions.
NOW, THEEREFORE, BE 1T RESOLVED BY THE VII�LAGE COUNCII. OF THE
VII.LAGE OF TEQUESTA,FLORIDA:
Section 1: The Yillage Council of the Village of Tequesta, a municipal corporation, hereby
adop�s the following public participation niles or poiicies to be followed at public meetings of the Village
Council of the Village of Tequesta and all a�er formally a�ointed Boatds and Commissions:
PUBLIC PARTICIPATION AND OPPORTUNITY TO BE HEARD.
A. GEIVERALLY. The Village of Tequ�esta, Florida, welcomes comments from the
public who shall be given a reasonable opporiunity to be heard on items pla�ced on
the agenda as provided for below in accordance with Section 286A114, Florida
Statutes. Each speaker is only allowed one (1) opportunity per topic to speak for a
maa�m_um of three (3) minutes unless allowad additional time by the presiding
officer. By way of example, a citizen may not give his or her allotted three (3)
minutes to another person 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 shall
identify him/herself by name and address,and if the speaker is speaking for a group
or organization, shelhe should so state. Citizen camments will be directed to the
Council or Board, as a body through its presiding officer. Remarks shall not be
addressed to a single member of the Council or Board, the Attomey,or the Manager
unless a msjority of the members present for the Council or Board shall so agree.
The members of the Council or Board are &ee to ask questions to clarify the
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citizen's comment. Citi�ns shall not atbempt to engage membets of the Council or
Board or stat�in debate over the issue raised, but shall simply make their statement
and request that the Council or Board 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 tt� filling out of a comment card to be provided to the meeting clerk prior to
the agenda item being discussed. According to state 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 health, welfare, or safety, if
compliance with the requirements would cause an unreasonable
delay in the ability of the Council or Board to act;
2. An official act involving no more than a ministerial act, including,
but not limited to, approval of minutes and ceremomal
proclamations;
3. A meeting that is exempt from Section 286.011, Florida Statutes,
(the"Florida Sunshine Lav�;or
4. A mceting during which the Village Council or one of its boards or
commissions is acting im a quasi judicial capacity. This paragraph
does not affect the right of a person to be heard as otherwise
provided by law.
C. TOPICS NOT ON TI� AGENDA. Any person wishing to address the Village
Cauncil or one of its boazds or commissions on topics not on the agenda.may speak
under the portion 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.
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The foregoing Resolution was of�ered by Council Member Paterno who moved its adoption.
The motion was seconded by Council Member Okun and upon being put to a vote, the vote was
as follows:
For Adoption Against Adoption
Mayor Abby Brennan X
Vice-Mayor Vince Arena X
Council Member Steve Okun X
Council Member Tom Paterno X
Council Member Frank D'Ambra X
The Mayor thereupon declazed the Resolution duly passed and adopted this 12`'' day of
September 2013.
MAYOR OF TEQUESTA
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Abigail ennan
ATTEST:
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Village Clerk •• ��'-9'.`7.....���
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�� ' ' DAVIS �
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' ASHTON, �A.
Keith W. Davis, Esq.
Flarida Bnr Board Cerrified Attorney
City,Caunty and Loeal Government Law
Email:keith@davisashtonlaw.com
June 28, 2018
MEMORANDUM
To: Mayor Brennan; Vice Mayor Paterno; Council Members Arena, Brandon and
Johnson
Cc: Manager Couzzo, Clerk McWilliams
Fr: Attorney Davis
Re: Public Participation / Rules of Decorum Resolution
The following describes in detail the above referenced agenda item:
The attached resolution modifies the Village's existing public participation resolution by
adding rules of decorum that provide the presiding officer with the ability to enforce same
by having disruptive persons removed from a meeting after a verbal warning and expla-
nation of consequences of continued disruptive behavior.
These rules are considered "best practices" and are typical of policies that can be found
in many otherjurisdictions. These rules, in memorandum format, were generally provided
to the Council in advance of the June workshop meeting and are now before the council
to be considered for adoption for all meetings of both the Village Council and its appointed
boards.
701 Northpoint Parkway, Suite 205, West Palm Beach, FL 33407 � p 561-586-7116 � f 561-586-9611
www.davisashtonlaw.com
♦LEADING EXPERTS IN LOCAL GOVERNMENT LAW AND ETHICS♦
RESOLUTION NO. 26-18
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, UPDATING THE VILLAGE'S PUBLIC
PARTICIPATION RULES AND POLICIES TO INCLUDE GENERAL
MEETING DECORUM RULES AND POLICIES AND A PROCESS FOR
ADDRESSING AND HANDLING DISRUPTIONS DURING PUBLIC
MEETINGS; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER
PURPOSES.
WHEREAS, the Village Council of the Village of Tequesta adopted Resolution 25-13 in
September 2013 pursuant to newly enacted Section 286A114, Florida Statutes, in order to provide
for basic public participation rules and procedures at public meetings of the Village Council and its
appointed boards as required by law; and
WHEREAS, the Village Council now desires to update and enhance these rules and
procedures to include rules and procedures for the keeping and maintaining of decorum during public
meetings, and rules and procedures for addressing and handling disruptions; and
WHEREAS, the Village Council believes that it is in the best interests of the Village and its
residents and businesses to provide these updated rules and procedures for the keeping and
maintaining of decorum during public meetings of the Village Council and its appointed boards.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA,FLORIDA THAT:
SecNon 1: The Village Council of the Village of Tequesta, Florida, hereby adopts the
following updated public participation rules and procedures to be followed at public meetings of the
Village Council and its appointed boards:
PUBLIC PARTICIPATION AND OPPORTUNITY TO BE HEARD.
A. GENERALLY. Public participation rules and procedures are to be posted and/or read
aloud at the appropriate time during the meeting so that everyone in attendance is aware
of them in advance. The rules and procedures contained in this Resolution are deemed to
be reasonably related to the important government interest of public bodies in confining
their meetings to specified subject matters while rationing their time for decision making;
and the rules and procedures herein are supported by the holding in the case of Jones v.
Heyman, 888 F.2d 1328, 1331 (l lth Cir. 1989).
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B. PUBLIC COMMENT PROCEDURES. The Village of Tequesta welcomes comments
from the public. Members of the public shall be given a reasonable opportunity to make
general comments, and also to speak and be heard on items placed on the agenda in
accordance with Section 286.0114,Florida Statutes:
1. Each speaker is allowed one (1)opportunity per agenda item to speak for a maximum
of three (3) minutes, unless the speaker is allowed additional time by the presiding
officer. By way of example, 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. Speakers shall identify themselves by name and address; and if
the speaker is representing a group or organization, said group or organization should
also be identified.
3. All comments shall be directed to the council or board as a body, through its
presiding officer. Comments shall not be addressed to a single member of the council
or board, or to Village staff including the attorney, the manager or the clerk, unless a
majority of the members present on the council or board shall so agree.
4. Council or board members are free to ask a speaker questions in order to clarify the
comments made; however, speakers shall not attempt to engage members of the
council or board, or staff, in debate over any issue raised. Rather, speakers shall
simply make their comments and request that the council or board consider them.
TOPICS ON THE AGENDA. Any member of the public shall be allowed to
address the council or board on any item on the meeting agenda in accordance with
the rules set forth in this Resolution, except as specified below. In order to speak, the
speaker must first complete a comment card and provide it to the meeting clerk
before the agenda item is considered and discussed by the council or board.
According to state law, this right to speak does not apply to the following:
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 council or board to act;
b. An official act involving no more than a ministerial act, including, but not limited
to, approval of minutes and ceremonial proclamations;
c. 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 one of its appointed boards is
acting in a quasi judicial capacity. This paragraph does not affect the right of a
person to be heard as otherwise provided by law.
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TOPICS NOT ON THE AGENDA. Any person wishing to address the Village
Council or one of its appointed boards on topics not on the meeting agenda may
speak under the portion of the agenda entitled "Public Comments" or words/intent to
that effect in accordance with the rules set forth in this Resolution.
C. RULES OF DECORUM. The presiding officer of the council or board shall preserve
order and decorum at all public meetings as follows:
1. Meetings of the council or board shall be conducted in a professional, business-like
manner. Decorum and courtesy shall be observed both by the members of the council
or board and by all persons in attendance.
2. In conducting the public's business, the Village Council and all of its appointed
boards are committed to the principles of civility, honor, and dignity. Individuals
appearing before the council or board are required to observe the same principtes
when making public comments.
3. All persons in attendance at any public meeting aze required to afford the utmost
courtesy to members of the council or board, as well as to the public meeting process
as a whole. It is never appropriate to make rude or derogatory remarks, cause
disruptions or interruptions, comment on anyone's integrity, make defamatory or
abusive comments, use profanity or vulgarities, or make statements about individual
personalities. Vulgar language, threats, "fighting words", and encouragement to
disrupt the meeting are all strictly prohibited.
4. Constructive criticism is welcome; however, personal attacks directed at anyone are
prohibited. This prohibition extends to statements from council and board members,
as well as staff, consultants and everyone who is in attendance at the public meeting.
5. Unauthorized remarks from the audience, outbursts, and yelling and/or similar
demonstrations shall not be tolerated under any circumstances.
D. ENFORCEMENT OF RULES AND PROCEDURES. The presiding officer shall be
responsible for determining whether a rule of procedure or decorum has been violated,
and for enforcement of the procedures and rules set forth in this Resolution:
1. Should the presiding officer make a determination that a rule of procedure 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 officer shall warn the violator that any subsequent
violation shall 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 a rule of procedure or decorum has subsequently been violated by
the same person at the same meeting, the violator shall be directed to leave the
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meeting. In the event that the violator fails to comply with this direction, Village law
enforcement shall be directed by the presiding officer to assist.
3. Any determination made by the presiding officer regarding enforcement of the rules
and procedures of this Resolution may only be overruled by a majority of the council
or board then present at the public meeting.
Section 2: This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this day of July, 2018.
VILLAGE OF TEQUESTA
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