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HomeMy WebLinkAboutItem 03 Approval of Resolution Establishing Rules and Procedures for the City Commission City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: February 20, 2024 Item #: 3 Contact Name: Rick Geller, City Attorney Department Director: Rick Geller, City Attorney Contact Number: City Manager: Robert Frank Subject: Approval of Resolution Establishing Rules and Procedures for the City Commission. (City Attorney Geller) Background Summary: On February 6, 2024, the City Commission, by consensus, formally directed the City Attorney to propose Rules and Procedures. The City Attorney has conducted research going back decades and determined that the City Commission has not formally adopted comprehensive rules and procedures; however, the City Commission has adopted specific rules governing decorum and travel expensive reimbursement. Section C-13 of the City Charter states, “The City Commission shall determine its own rules and order of business and shall keep a record of its proceedings.” The attached Resolution would approve the proposed City Commission Rules and Procedures, broken into seven parts: Rule 1 - General Principles Rule 2 –Meetings Rule 3 – Agenda Rule 4 – Conduct of Meetings Rule 5 – Use of Commission Chambers; Rule 6 – Travel; and Rule 7 – City Website. Rule 1, setting forth “General Principles,” would establish that the most recent edition of Roberts Rules of Order are a “general guideline.” (Rule 1.1.4). “The City Commission is the sole judge, interpreter and enforcer of these Rules.” (Rule 1.1.5). “The failure by the City Commission to strictly observe any of these Rules shall not affect the jurisdiction of the City Commission or invalidate or otherwise affect the legality of any action taken by the City Commission that otherwise comports with Page 13 of 309 City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org basic due process.” (Rule 1.1.3). The Rules do not “grant any rights to any third party,” including the right to enforce the Rules. (Rule 1.1.2). Rule 2 describes procedures for the various types of meetings (Regular, Special, Emergency, and Public Workshops), and ensures public notice (Rule 2.1) and access (Rule 2.8). Rule 3, governing the Agenda, mandates certain notices regarding appeals and accommodations for persons with disabilities (Rule 3.2.2), establishes the means by which the City Commission may ask the City Manager to place an item on a regular meeting agenda (Rule 3.3.1), sets agenda deadlines (Rule 3.4.1), and requires posting and distribution of the Agenda Packet (Rules 3.5 and 3.6). Rule 3.3.3 prohibits, without Commission approval, “business sales presentations outside of an interview” in response to an official City solicitation, such as a Request for Proposal or Invitation to Bid. Rule 3.6.2 establishes an expectation that Commission members shall conduct a “full review the agenda packet prior to attendance at the City Commission” and shall “direct questions or requests for clarification” to the City Manager and City Attorney prior to the meeting. Rule 4, governing the “Conduct of Meetings,” sets forth basic parliamentary procedure, including the use of “point of order” (Rule 4.1.3), “call for the question,” a “motion to limit debate” (Rule 4.1.7(9)), and procedures for amending a motion (Rule 4.7). Rules 4.1.2 and 4.1.3 establish the Commission’s right to overrule a ruling of the presiding officer by a majority vote upon a motion and a second. Rule 4.2 reflects the City’s usual and customary Order of Business. Rule 4.3 establishes procedures with regard to public participation. Rule 4.4 governs meeting decorum. Rule 4.5 establishes that removing an item from the consent agenda would require a motion and a second. Rule 4.6 establishes procedures for legislative and quasi-judicial public hearings, including public participation. Rule 4.9 authorizes a Commission member’s participation via the use of video conferencing to twice in a calendar year and “only in exceptional circumstances,” including hospitalization and military deployment. Rules 4.9 and 2.6 reflect State law that virtual attendance cannot establish a physically-present quorum absent an Executive Order or declaration of emergency by the Governor. Rule 4.10 recognizes the voluntary nature of the opening invocation and pledge of allegiance. Rule 5 prohibits the use of Commission Chambers by a candidate or political campaign in order to preserve “the City’s neutrality with respect to political campaigns, and to avoid any false or misleading impression that the City or City Commission endorses or favors a particular candidate.” Rule 6 incorporates the City Commission’s Non-Local Travel Policy. Rule 7 recognizes the City Manager’s control over the City website and requires Commission approval prior to submitting unsolicited items for posting. Issue: Should the Honorable Mayor and City Commissioners approve of the Resolution approving of the City Commission Rules and Procedures? Recommendations: The City Attorney recommends approval of the Resolution approving of the City Commission Rules and Procedures. Page 14 of 309 City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org Attachments: 1. Resolution 2. Rules and Procedures of the Ocoee City Commission Financial Impacts: None Type of Item: Consent Page 15 of 309 RESOLUTION NO. ____ A RESOLUTION APPROVING OF RULES AND PROCEDURES FOR THE CITY COMMISSION OF THE CITY OF OCOEE, GOVERNING GENERAL PRINCIPLES, NOTICE REQUIREMENTS, DECORUM, THE AGENDA, THE CONDUCT OF MEETINGS, USE OF COMMISSION CHAMBERS, AND SUBMISSION OF MATERIALS FOR THE CITY WEBSITE; PROVIDING FOR SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee has the authority to adopt this Resolution pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes; and WHEREAS, pursuant section C-13 of the Charter of the City of Ocoee, “The City Commission shall determine its own rules and order of business and shall keep a record of its proceedings;” and WHEREAS, the City Commission finds that adopting and enforcing reasonable rules and procedures governing its meetings, including notice requirements, rules of decorum, the agenda, the order of business, public hearing procedures, and use of Commission Chambers, is in the best interest of promoting the public health, safety and welfare; and NOW, THEREFORE, BE IT RESOLVED AND ENACTED by the City Commission of the City of Ocoee, as follows: SECTION 1. Recitals. The foregoing recitals are hereby ratified and confirmed as being true and correct and are made a part of this Resolution. SECTION 2. Adoption. The City Commission hereby approves and adopts the attached “City of Ocoee City Commission Rules and Procedures” (hereinafter, the “Rules and Procedures”). SECTION 3. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Resolution or of the Rules and Procedures is for any reason held invalid or Page 16 of 309 2 unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Resolution or of the Rules and Procedures. SECTION 4. Conflicts. In the event of a conflict or conflicts between this Resolution and any other resolution, ordinance, any prior approved rules or procedures of the City Commission, or any provision of law, this Resolution and the Rules and Procedures shall control to the extent of the conflict, as allowable under the law. SECTION 5. Effective Date. This Resolution and the Rules and Procedures shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this ____ day of ___________, 2024. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA _________________________________ Melanie Sibbitt, City Clerk Rusty Johnson, Mayor (SEAL) APPROVED BY THE OCOEE CITY COMMISSION ON ______________, 2024 UNDER AGENDA ITEM NO._________ FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this ___ day of _____________, 2024. FISHBACK DOMINICK By:____________________________ Richard S. Geller, City Attorney Page 17 of 309 CITY OF OCOEE CITY COMMISSION RULES AND PROCEDURES RULE 1 - GENERAL PRINCIPLES Rule 1.1 PURPOSE & INTERPRETATION 1.1.1 Pursuant section C-13 of the Charter of the City of Ocoee, “The City Commission shall determine its own rules and order of business and shall keep a record of its proceedings.” 1.1.2 The City Commission has adopted these Rules and Procedures (sometimes herein called “Rules”) for the purpose of providing a method for conducting its affairs. Nothing herein is intended to, nor shall grant any rights to any third party, including, without limitation, for enforcement of the Rules set forth herein. 1.1.3 The failure by the City Commission to strictly observe any of these Rules shall not affect the jurisdiction of the City Commission or invalidate or otherwise affect the legality of any action taken by the City Commission that otherwise comports with basic due process. 1.1.4 Matters of procedure not otherwise provided for herein shall, insofar as practical, be determined by reference to Robert's Rules of Order, Newly Revised Edition (Most Recent) as a general guideline. Robert’s Rules of Order are not applicable to every procedural matter governing a public meeting in the State of Florida and such parliamentary rules shall not govern to the extent inconsistent with law or procedural rules the City Commission may adopt from time to time. 1.1.5 The City Commission is the sole judge, interpreter and enforcer of these Rules. 1.1.6 To the extent inconsistent, the Rules set forth herein shall supersede and replace any prior adopted policies, rules, and resolutions governing the City Commission and meetings of the City Commission concerning the matters set forth herein. 1.1.7 If any email address, website address, telephone number or other contact information, or statutory citation referenced in these Rules becomes outdated or incorrect, the City Manager may update such information as needed without need for a vote of the City Commission. Page 18 of 309 2 1.1.8 References to the City Clerk shall include the City Clerk or, in the appropriate context, the City Clerk’s designee. 1.1.9 References to the City Manager shall include the City Manager or, in the appropriate context, the City Manager’s designee. Rule 1.2 MAYOR 1.2.1 In accordance with section C-20 of the City Charter, the Mayor shall preside at all meetings of the City Commission, if present, and in the Mayor’s absence, the Mayor pro tem shall preside. In the absence of both the Mayor and the Mayor pro tem at a particular meeting, the City Commission members present may select another City Commission member in attendance to preside, and should consider the Commissioner with the most seniority of service as a member to preside. The term “Mayor” within these Rules shall include, in the appropriate context, the Mayor pro tem or other member of the City Commission serving as the presiding officer of a City Commission meeting in the Mayor’s absence. 1.2.2 The Mayor shall preserve order and decorum in the City Commission meeting chambers before, during, and after all regular or special meetings and workshops of the City Commission, and shall have authority to regulate irrelevant debate, repetitious discussion, and disruptive behavior at a public meeting. 1.2.3 The Mayor shall serve as the City Commission’s designated liaison and representative for meetings and interactions with elected and appointed representatives of the Federal, state, and other local governments, unless the City Commission designates another member for a specific task. 1.2.4 These Rules may be suspended, in part or in whole, by order of the Mayor in his/her discretion, or (ii) by a majority vote of the City Commission. The City Commission may overrule the Mayor’s decision to suspend these Rules in whole or in part by a majority vote. RULE 2 – MEETINGS Rule 2.1 PUBLIC NOTICE OF MEETINGS 2.1.1 The City Clerk shall provide proper notice for all meetings of the City Commission via the City’s webpage. Further, the City Clerk is responsible for ensuring compliance with meeting notice and public hearing requirements under the Florida Sunshine Act, Florida Statutes § 286.011. 2.1.2 Except for an emergency ordinance, a public hearing concerning the proposed adoption of an Ordinance will be advertised in a newspaper of general Page 19 of 309 3 circulation at least (10) days in advance of the public hearing, in accordance with Florida Statutes § 166.041(3)(a). Rule 2.2 REGULAR MEETINGS 2.2.1 The City Commission will meet in regular session on the dates and times the City Commission establishes on its schedule of City Commission meetings and on such other days as special meetings, emergency meetings, or workshops may be called to conduct City business. The City Commission will meet no less than once per month. City Commission meetings will normally start at 6:15 PM unless otherwise announced. The City Commission, upon the proposal of a member or the City Manager, may cancel certain meetings in proximity to nationally-recognized holidays or due to other circumstances that may prevent the attendance of at least two City Commissioners. The City Manager may propose a list of meetings for the City Commission’s review for cancellation. 2.2.2 If the City Commission chambers shall appear inadequate to accommodate members of the public who wish to attend a meeting of great public interest, overflow viewing may be established using video technology in one or more conference rooms at City Hall. Alternatively, the Mayor, in consultation with the City Manager, may authorize a change of venue for the meeting to a larger offsite facility within the City. A notice of such change shall be prominently posted on the door of the regular meeting place. The City Clerk shall also post notice of such change in the meeting location on the City’s website. 2.2.3 A regular meeting of City Commission shall be limited to four (4) hours in duration, unless extended by majority vote. In the event the Mayor anticipates that business on the agenda will not be completed within four hours, the Mayor may change the order of items to accomplish as much business as possible within the time limitation. Any business not concluded within the time limitation will be carried forward to the next regularly scheduled City Commission meeting, unless a special meeting is called to address such items before the next regular meeting. 2.2.4 The Mayor may change the order of items on the agenda when in the best interest of all parties in attendance. Rule 2.3 SPECIAL MEETINGS 2.3.1 The Mayor may call a special meeting of the City Commission upon written request delivered to the City Clerk and City Manager or the City Manager may call a Special Meeting in consultation with the Mayor. 2.3.2 A notice of a special meeting called shall be given to each City Commission member at least 24 hours before the special meeting occurs. The City Clerk shall send such notice to each City Commission member by electronic mail and attempt to inform each Commission member by cell phone about the special meeting if the special meeting Page 20 of 309 4 was not announced at another City Commission meeting. The notice shall contain the date, time, place, and purpose of the special meeting. The City Clerk shall also post on the City’s website, and advertise in accordance with chapter 50, Florida Statutes, the time, place, and purpose of the special meeting at least 24 hours before the special meeting occurs. Rule 2.4 EMERGENCY MEETINGS 2.4.1 An emergency meeting shall be called: (1) upon notification by the City Manager to the City Commission and City Clerk; (2) on a request by the Mayor to the City Manager and City Clerk; or (3) on a request by a City Commissioner to the City Manager, who shall either schedule the emergency meeting with the City Clerk or notify the City Commission of the request and ask if any other member concurs in the request, in which case the emergency meeting shall be scheduled. An emergency meeting should be called only if a delay in addressing an issue could result in severe and imminent danger to the health, safety, and welfare of the public or property, or cause irreparable harm to the City or its taxpayers, business owners, or residents. 2.4.2 Emergency meetings should be posted on the City’s website 24 hours in advance or as soon as practicable. The City Clerk should attempt to notify each City Commission member about any emergency meeting via email and cell phone. 2.4.3 Under Florida Statutes § 286.0114(3), the public’s opportunity to be heard does not apply to Emergency Meetings if the time required for public comment would cause an unreasonable delay in the City Commission’s ability to deal with an emergency situation affecting public health, welfare, or safety. 2.4.3 Actions taken by the City Commission at an emergency meeting must be discussed and ratified at a subsequent special or regular meeting of the City Commission. Rule 2.5 PUBLIC WORKSHOPS 2.5.1 The City Commission, by consensus or majority vote, may schedule public workshops for such purposes as receiving background information on staff matters, briefings from staff, and discussion among City Commission members and staff as to issues of concern. 2.5.2 Such workshop meetings are to be informational in nature with no public hearing. The City Commission will not make any final disposition of any item at a workshop. 2.5.3 A City Commission workshop shall be publicly noticed by the City Clerk in the same manner as a special meeting. 2.5.4 Public comment is not permitted at a workshop, unless authorized by an affirmative vote of the City Commission. Page 21 of 309 5 Rule 2.6 QUORUM 2.6.1 A quorum of the City Commission consists of three (3) or more City Commission members physically present and qualified to act. A quorum may be established by virtual presence, either via video or telephonically, if allowed by a declaration of emergency or Executive Order issued by the Governor of the State of Florida. Rule 2.7 ADJOURNED MEETINGS 2.7.1 Any meeting may be adjourned to a time and place fixed in a motion. If a time and place is not specified in the motion, the meeting will be adjourned to the place and time fixed for the next regular meeting. 2.7.2 If at the time fixed to begin any meeting, or at any time in the course of a meeting, less than a quorum is present, the Mayor, or in the Mayor’s absence any City Commission member, or if no City Commission members are present then the City Clerk shall declare the meeting adjourned to the next regular meeting. 2.7.3 In the event a meeting is adjourned, all matters on the agenda not disposed of shall be continued to the next City Commission meeting. Rule 2.8 PUBLIC ACCESS 2.8.1 All meetings of the City Commission are open to the public except for portions thereof that may be closed to the public as permitted by applicable law, such as to discuss pending litigation under Florida Statutes § 286.011(8). 2.8.2 All visitors may be requested to comply with security screening protocols. 2.8.3 Pursuant to Florida Statutes § 381.00316, no person shall be barred from a public meeting of the City due to failure to wear a face mask or obtain a vaccination. The City will not require persons to provide any documentation certifying COVID-19 vaccination or post infection recovery, impose a COVID-19 testing mandate to gain access to or entry upon any City property or as a condition of receiving any service from the City. The City will not require a person to wear a face mask, a face shield, or any other facial covering that covers the mouth and nose to gain access to or entry upon any City property or as a condition of receiving any service from the City. Notwithstanding the foregoing, persons shall be free to undertake such healthcare precautions voluntarily. Rule 2.9 MEETING RECORD 2.9.1 The City Clerk shall take and maintain minutes of each City Commission meeting. The term “minutes,” as used in Florida Statutes § 286.011, contemplates a brief Page 22 of 309 6 summary or series of brief notes or memoranda reflecting the events at the meeting, as stated in AGO 82-47. The City Clerk shall make the minutes of each meeting available to members of the public by a public records request. The approval of the minutes shall be on the consent agenda at a subsequent City Commission meeting. The minutes shall be posted for public view on the City’s website after their approval. RULE 3 – AGENDA Rule 3.1 FUNCTIONS OF AGENDA 3.1.1 The agenda serves to introduce items to the City Commission, to establish the order of business and to give notice of the City’s upcoming business to the public. The notice of a special meeting and any notice of an emergency meeting is the agenda for such meeting. Rule 3.2 NOTICE BY AGENDA 3.2.1 Unless a law requires particular notice of a particular item to an affected person, the agenda is the only required notice. 3.2.2 The agenda shall contain the following notices to the public: APPEALS: IN ACCORDANCE WITH FLORIDA STATUTES § 286.0105, ANY PERSON WHO DESIRES TO APPEAL ANY DECISION AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND FOR THIS PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. ACCOMMODATIONS FOR DISABILITIES: IN ACCORDANCE WITH FLORIDA STATUTES § 286.26, PERSONS WITH DISABILITIES NEEDING ASSISTANCE TO PARTICIPATE IN ANY PROCEEDINGS SHOULD CONTACT THE OFFICE OF THE CITY CLERK, 1 N. BLUFORD AVENUE, OCOEE, FL 34761, (407) 905-3105, 48 HOURS IN ADVANCE OF THE MEETING. Rule 3.3 INTRODUCTION OF ITEMS 3.3.1 Subject to compliance with agenda deadlines and Rule 3.4, the City Commission and City Attorney may ask the City Manager to place an item on a regular meeting agenda. The Mayor shall have final approval of the agenda except where the City Commission has previously voted to include or not include a specific agenda item. Page 23 of 309 7 Requests to place an item on the agenda shall be directed to the City Manager, who shall then forward the request to the City Clerk unless the timing or subject matter of the requested agenda item is likely to compromise the City's position in any imminent or on- going litigation or administrative proceedings in which the City is or is likely to be involved. Subject to the foregoing, any agenda item requested by a member of the City Commission must be placed on the agenda. 3.3.2 The City Manager, City Clerk, and Mayor shall conduct an agenda review meeting, at which they may authorize state and local governments, city advisory boards, civic groups, and nonprofit organizations to give presentation at a City Commission meeting. The City Commission may also approve such presentations. 3.3.3 Business sales presentations outside of an interview in response to an Invitation to Bid, Request for Proposals, or Request for Information, or other official solicitation of the City are not permitted unless authorized by the City Commission. No City Commissioner shall verbally authorize or promise payment to any individual or business for services to the City without City Commission approval. 3.3.4 The agenda for every regular meeting shall be prepared by the office of the City Clerk and/or the City Manager in the manner and format prescribed herein. Rule 3.4 AGENDA DEADLINES 3.4.1 Any City Commission member who wishes to place an item on the agenda shall endeavor to notify the City Clerk of such item no later than 4:00 P.M., fourteen (14) days before the next regularly scheduled meeting and provide the City Manager and/or City Clerk with any relevant information. Any agenda item requested by a City Commission member that requires adoption by resolution, or requires a public hearing or particular public notice that cannot be met by the next regular meeting may be deferred to a future City Commission meeting in order to meet applicable advertising requirements and/or to provide for sufficient time to prepare a resolution. Rule 3.5 AGENDA POSTING 3.5.1 The agenda for regular and special meetings of the City Commission shall be posted on the City’s website and distributed to the City Commission at least three (3) days in advance of each regular and special meeting of the City Commission. Rule 3.6 DISTRIBUTION OF AGENDA PACKET 3.6.1 No later than three calendar (3) days before the next regularly scheduled City Commission meeting, or as soon as possible before an emergency meeting or special meeting, the City Clerk will distribute copies of the agenda together with an agenda packet to City Commission members, consisting of reports and other written materials that relate to the business matters coming before the City Commission. Page 24 of 309 8 Generally, the goal should be to distribute the agenda package to the City Commission on the Friday before each City Commission meeting held on a Tuesday evening followed by updates to the agenda package as needed made by the end of day on the Monday before the Tuesday meeting. 3.6.2 City Commission members are expected to fully review the agenda packet prior to attendance at the City Commission meeting. Members should direct any questions or requests for clarification to the City Manager prior to the meeting. Members should direct any legal questions to the City Attorney prior to the meeting. 3.6.3 The City Clerk shall post the agenda packet on the City’s website at least 36 hours before a regular or special meeting. RULE 4 - CONDUCT OF MEETINGS Rule 4.1 THE MAYOR 4.1.1 The Mayor, or in his or her absence or incapacity the Mayor pro tem, shall preside over meetings of the City Commission and cause the business of the City Commission to be transacted in accordance with these Rules. The Mayor may yield as presiding officer to a member of his or her choice to conduct a portion of a meeting. 4.1.2 The Mayor shall determine all questions of order and procedure, subject to appeal to the full City Commission, but shall liberally grant leave to the City Attorney, who shall serve as parliamentarian, to speak to the question and provide guidance. A City Commission member can announce an appeal of the Mayor’s ruling, which shall require a second from another City Commission member. The Mayor shall then state the question in terms of upholding the ruling and may state his or her reasons for the ruling. Then the member appealing has the floor to open debate on the appeal. Once debate has ended, the Mayor shall put to a vote the question, “Shall the decision of the Mayor be sustained?” A majority or tie vote shall sustain the ruling of the Mayor. The Mayor votes on such appeals. 4.1.3 If a City Commission member believes the Rules are being violated, that City Commission member may interrupt a speaker without being recognized by stating, “Point of order.” No motion is required, nor is debate allowed. The Mayor shall ask the City Commission member to state the point, and then shall rule. The ruling is subject to appeal to the full Commission. The Mayor, if in doubt, may put the question to an immediate vote. 4.1.4 The Mayor has authority to recess without appeal any meeting when noise, disturbance, indecorum, or any other circumstances warrant a recess to enable the City Commission to conduct its business in an appropriate manner. The Mayor may direct security personnel to cause any person disrupting a meeting to be removed from the meeting room or building or to otherwise eliminate a source of disruption. Page 25 of 309 9 4.1.5 The Mayor has the authority to recess a meeting upon the request of any City Commission member. Recognizing that fatigue, discomfort and tedium detract from the quality of participation in deliberative processes, the Mayor is encouraged to call or grant requests for recesses at such frequency as dictated by the time of day, temperature, and other circumstances. 4.1.6 The Mayor shall have the right to make motions, second motions and participate in debate and discussions, and vote on all agenda items at all meetings of the City Commission. 4.1.7 The Mayor shall: (1) Conduct the meeting firmly and courteously while maintaining order at all times. (2) Ensure that a City Commission member is recognized before speaking and permit only one person to speak at a time. (3) Allow persons not on the City Commission to speak only at designated times, applying time limits with reasonable allowances for additional time as the Mayor determines is appropriate under the circumstances, and may limit immaterial or redundant presentations or requests. (4) Reject frivolous motions and motions not permitted by the Rules. Require motions to be stated affirmatively and to the point. (5) Allow the maker of the motion to speak first. Restate the motion only if necessary. The City Clerk may also restate the motion upon request by a City Commission member. The City Attorney may assist in articulating a motion. (6) Allow a City Commission member additional opportunities to speak on a matter after all other City Commission members have had an opportunity to speak. (7) Allow interruption of a speaker only by consent of the speaker or for permitted reasons (e.g., “point of order”). (9) Terminate debate upon a majority vote to “Call for the Question.” If a member “Calls for the Question,” the Mayor shall ask if any member objects to closing debate. If any member objects to closing debate, the Mayor shall request a second to Call for the Question, and shall put the “Call for the Question” to vote without debate. The Mayor shall also enforce a Motion to Limit Debate which also requires a majority vote in favor. A Motion to Limit Debate may set a time-limit on debate for an entire matter or per side of a Page 26 of 309 10 disputed matter, or state a time certain when a vote will take place. A Motion to Limit Debate must be seconded and is not subject to debate. (10) Reject discussion of motions not debatable (e.g., a Motion to Adjourn, Motion to Recess, Call the Question, Motion to Limit Debate, or Motion to Table an item). (11) Recognize that all City Commission members have equal rights, privileges, and obligations, remaining impartial in the use of authority. Rule 4.2 ORDER OF BUSINESS 4.2.1 The agenda of regular meetings shall adhere substantially to the following order: 1. Call to Order 2. Opening Invocation 3. Pledge of Allegiance 4. Public Comment (non-public hearing items) 5. Emergency Items (if any) 6. Consent Agenda 7. Public Hearings (if any) 8. Regular Business 9. Discussion and direction on future agenda items 10.Mayor and Commissioner Reports (5 minutes per member) 11.Adjourn The foregoing order of business shall be truncated to attend to the subject matter of a special meeting or emergency meeting. 4.2.2 The City Clerk shall provide a reasonable number of hard copies of the agenda (not including supporting material) for public review at the meeting. The public may review supporting material on the City’s website or inspect the material in person on request to the City Clerk. 4.2.3 By majority vote of City Commission, agenda items may be added or deleted at the start of a regular City Commission meeting. Items added should be limited to emergencies, matters affecting public safety, or urgent or time-sensitive items of major significance affecting City operations. Page 27 of 309 11 Rule 4.3 PUBLIC PARTICIPATION 4.3.1 Members of the public shall be given a reasonable opportunity to be heard during the Public Comment portion on items coming before the City Commission for official action, except for the following items: (i) An official act that must be taken to deal with an emergency situation affecting the public health, welfare, or safety, if devoting time to public comments would cause an unreasonable delay in the ability of the City Commission to act; or (ii) Ministerial acts, including but not limited to, approval of minutes, parliamentary motions, and ceremonial proclamations; or (iii) A meeting that is exempt from public participation pursuant to F.S. § 286.011; or (iv) A hearing during which the City Commission is acting in a quasi-judicial capacity. This paragraph does not affect the right of a person-in-interest to be heard and present witnesses as provided by law; or (v) A workshop at which no official action is taken. 4.3.2 In accordance with Florida Statutes § 286.0114, the opportunity to be heard need not occur at the same meeting at which the City Commission takes official action on the matter if the opportunity occurs during the decision-making process and is within reasonable proximity in time before the meeting at which the City Commission takes official action, as determined by the City Commission. 4.3.3 Members of the public should use the Public Comment portion of the agenda to discuss any non-public hearing item that is on the agenda as well other relevant City business that such person would like to discuss. Before the start of the Public Comment segment of a meeting, anyone wishing to address the City Commission shall submit a written request to the City Clerk on the City Clerk’s prescribed form, identifying the following information: 1. Name 2. Address, Subdivision, or P.O. Box 3. Telephone number 4. Specific subject matter to be discussed. All subjects must be germane to City business. Subjects shall be reviewed and questions that are germane to areas of City business may be referred to the City Manager for consideration or resolution. The subject matter shall be clear and address a specific issue. 4.3.3 The Mayor shall call the speaker's name and may state the subject matter to be discussed. The individual speaking shall thereafter take his or her place at the podium, Page 28 of 309 12 state their name and may state their address, subdivision, or Post Office Box, and may further state whether he or she resides in, works in, or has a business in the City (and the name of the business, if applicable). 4.3.4 A time limit of 3 minutes shall be allotted to speak per person, unless the Mayor specifies otherwise. The mayor may reduce the allotted time to speak to 2 minutes when a large number of persons wish to be heard. Groups are encouraged to designate a spokesperson to whom individuals who are present at the meeting may give their time to speak on their behalf, up to a total of 12 minutes, or as much time as otherwise allowed by the Mayor. 4.3.5 During the Public Comment portion of the meeting, the City Commission generally shall not respond to any questions or comments by the public, but a member may ask the Mayor for an opportunity to respond. The Mayor may direct any responses to public comments and questions to the City Manager. 4.3.6 The City Commission generally shall not attempt to resolve issues addressed during Public Comment but the Mayor may ask the City Manager and/or City Attorney as appropriate to evaluate and seek resolution of such matters. 4.3.7 The Mayor may call out of order any person who fails to make germane comments or otherwise disrupts the proceedings. When a speaker has been declared out of order by the Mayor, they shall cease speaking and be seated immediately. If the person refuses to be seated when declared out of order and/or if the person continues to disrupt the meeting, the Mayor may order the person removed from the City Commission Chambers by law enforcement for the remainder of the meeting. Actions of the Mayor are considered actions of the City Commission. Should any City Commission member disagree or disapprove of the actions of the Mayor, the City Commission member may call a point of order and the City Commission shall rule on the point of order. 4.3.8 All relevant documentary evidence shall be submitted to the City Clerk for the record of the proceedings, who may administratively mark such evidence in the event of an appeal. 4.3.9 Speakers shall follow all written and verbal instructions so that their remarks are electronically recorded. 4.3.10 A speaker asserting a statement of fact may be asked to document and identify the source of the fact asserted. 4.3.11 An individual who cannot attend a meeting may submit written comments and related materials at least one business day (i.e. Monday through Friday, excluding legal holidays) before 12 P.M. prior to the meeting. Written comments must include the writer’s name, address, phone number, and clearly identify the agenda item addressed at the top of the written submission or subject line of an email. Comments are limited to Page 29 of 309 13 a maximum of 800 words per item and shall be submitted to the City Clerk in one of the following ways: Email to: citizens@ocoee.org U.S. Mail or hand delivery to: Office of the City Clerk City of Ocoee City Hall 1 N. Bluford Avenue Ocoee, FL 34761 The City Clerk shall provide to the City Commission written comments and related materials relevant to an agenda item that are timely and appropriately submitted. Comments that are irrelevant to an agenda item, do not include the required information, or are not submitted within the prescribed timeframe may not be distributed to City Commission members for consideration at the meeting. All comments received by the City are public records, and shall be maintained accordingly. Rule 4.4 DECORUM 4.4.1. The Mayor is empowered to, and shall preserve decorum. The Mayor may declare a recess or adjourn any meeting when necessary to maintain strict order and decorum. 4.4.2 Each City Commission member has a duty to maintain respect for each other, the City staff, and the public. Likewise, the City Commission shall require respectful behavior from all persons who attend a City Commission meeting. 4.4.3. Members of the public attending City Commission meetings also shall observe the same rules of propriety, decorum and good conduct applicable to members of the City Commission, as set forth herein. A civility code consistent with the provisions set forth herein shall be posted outside of Commission Chambers. 4.4.4. No person attending a City Commission meeting shall engage in disruptive behavior, intimidation, threats, harassment, or disorderly or loud or boisterous conduct that disturbs, disrupts, or otherwise impedes the orderly conduct of the meeting. Disruptive conduct may include, but is not limited to, the use of profanities or vulgarities, the display of abusive behavior, engaging in personal attacks, heckling, stamping of feet, whistling, yelling, jeering, and similar demonstrations, or other interruptions that delay proceedings. 4.4.5. Signs, placards, banners, or other similar items shall not be permitted in the audience during a City Commission meeting if the presence of such item disturbs, disrupts, or otherwise impedes the orderly conduct of the meeting. Page 30 of 309 14 4.4.5 Attendees shall turn off or silence any smart phones, cellular phones, or other mechanical or electronic devices while the City Commission meeting is in session. 4.4.6. Prolonged conversations by persons attending a meeting shall be conducted outside of Commission Chambers. 4.4.7 Only those individuals who have submitted speaker forms and who have been recognized by the Mayor or other presiding officer may address comments to the Commission. Such comments shall be directed to municipal issues and avoid redundancy. Comments at a public hearing on a particular agenda items shall be limited to the subject under consideration by the City Commission. 4.4.6 Any violation of the rules of decorum may result in issuance of a verbal warning by the Mayor, curtailment of a speaker’s comments or presentation, the option to cease the interruption or leave the meeting, or involuntary removal from the meeting. 4.4.7 If any person refuses to leave a public meeting in defiance of an order from the Mayor, the Mayor may order any law enforcement officer on duty to remove that person from the public meeting. A person removed from the meeting must vacate the building and may not return before adjournment of the meeting. In addition, anyone who willfully interrupts or disturbs an assembled public meeting in violation of Florida Statutes § 871.01, is subject to arrest. 4.4.8 In accordance with Florida Statutes § 838.021, it is a crime to harm or threaten to harm any public servant, his or her immediate family, or any other person whose welfare the public servant has an interested in, with the intent to: (a)  Influence the performance of any act or omission that the person believes to be, or that the public servant represents as being, within the official discretion of the public servant, in violation of a public duty, or in performance of a public duty. (b)  Cause or induce the public servant to use or exert, or procure the use or exertion of, any influence upon or with any other public servant regarding any act or omission that the person believes to be, or that the public servant represents as being, within the official discretion of the public servant, in violation of a public duty, or in performance of a public duty. Rule 4.5 CONSENT AGENDA 4.5.1 The Consent Agenda is defined as those items on the City Commission Agenda, which the City Manager and/or the Mayor consider routine. The full Consent Agenda may be approved upon motion, second, and voice vote of the City Commission. Any City Commission member may make a motion requesting removal of an item from the Consent Agenda for full and separate consideration. Items shall be pulled from the Consent Agenda upon a second to the motion, and shall be discussed and considered after the City Commission votes on the items remaining on the Consent Agenda. Page 31 of 309 15 Rule 4.6 PUBLIC HEARINGS & QUASI-JUDICIAL MATTERS 4.6.1 Legislative Public Hearings. Public hearings on legislative matters shall substantially adhere to the following order of business: (1) The City Attorney shall read the title of the resolution or ordinance, as applicable; (2) City staff shall present the agenda item (up to 10 minutes allotted); (3) Public comment shall be taken (individuals are allowed 5 minutes each; groups are allowed up to 12 minutes per group with the appointment of a spokesperson). The City strongly recommends the appointment of a spokesperson for all groups. All those in agreement with a speaker may be asked to raise their hands so that the number of persons adhering to the speaker’s viewpoint can be recorded in the minutes; (4) City Commission members may ask questions, comment on the agenda item, and deliberate; and (5) Action by the City Commission. 4.6.2 Quasi-Judicial Public Hearings. (a) Quasi-Judicial proceedings shall substantially adhere to the following order of business: (1) The Mayor shall make a statement to the public outlining the quasi-judicial process and relevant rules of conduct and decorum of proceedings; (2) The City Clerk shall swear in witnesses (attorneys making legal argument are not required to be sworn); (3) City Commission members shall disclose any ex parte communications related to the request; (4) City staff shall present the application or proposal (up to 10 minutes allotted); (5) Applicant shall present its case (15 minutes allotted, of which the applicant may reserve any portion for rebuttal, in addition to time normally allotted for rebuttal); (6) Supporters/objectors/and members of the public may make comments (individuals are allowed 5 minutes each; groups are allowed up to 12 minutes per group with the appointment of a spokesperson). The City strongly recommends the appointment of a spokesperson for all groups. All those in agreement with the speaker may be asked to raise their hands so that the number of persons adhering to the speaker’s viewpoint can be recorded in the minutes; Page 32 of 309 16 (7) The Applicant may present any rebuttal (up to 6 minutes allotted for rebuttal plus any time reserved from Applicant's case as referenced in subparagraph (5) above; (8) City Commission members may ask questions, comment on the agenda item, and deliberate; and (9) Action by the City Commission. (b) City Commission members may ask questions of speakers or City staff members. Cross-examination of witnesses and closing argument may be allowed by the Mayor upon request of a party-in-interest before the close of the public hearing. After closing of the public hearing no further public comment shall be allowed. When a motion has been made and seconded, the City Commission may discuss the motion and shall vote on the matter. (c) Formal Rules of Evidence governing proceedings in courts in the State of Florida shall not apply; however, the Mayor may exclude testimony and evidence deemed irrelevant, impertinent, and unduly repetitious. 4.6.3 The City Clerk shall retain as public records any documents, photographs, drawings, and presentations shown to the City Commission in support of, and in opposition to an issue presenting during a public hearing. The Agenda Packet shall be administratively marked as City’s Exhibit 1 and any slide presentation by the City shall be City’s Exhibit 2 in the event of any appeal. 4.6.4 Ex parte communications and disclosures. Ex parte communications are not presumed prejudicial provided any disclosure required in subsections (1), (2), or (3) below is made before or during the public meeting at which a vote is taken on the matter so that persons who have opinions contrary to those expressed in the ex parte communications have a reasonable opportunity to refute or respond to such communications, pursuant to Florida Statutes § 286.0115(1)(c). (1) The subject of the communication and the identity of the person, group or entity with whom the communication took place is disclosed and made a part of the record. (2) A written communication that relates to the quasi-judicial proceeding is described or made a part of the record before final action on the matter. (3) A City Commission member may investigate and conduct site visits and may receive expert opinions regarding quasi-judicial action pending before them. Such activity shall not be presumed prejudicial to the action if the existence of the investigation, site visit, or expert opinion is described or otherwise made a part of the record before final action on the matter. (4) Notwithstanding the provisions of this section above, in quasi-judicial proceedings on land use matters, a person may not be precluded from communicating ex parte with a member of the City Commission. Disclosure of such communications by a member of the City Commission is not required, Page 33 of 309 17 and such nondisclosure shall not be presumed to be prejudicial to the decision of the City Commission pursuant to Florida Statutes § 286.0115(2)(c). (5) All quasi-judicial decisions of the City Commission must be supported by substantial, competent evidence in the record pertinent to the proceedings, irrespective of such communications, and are subject to judicial review on a Petition for Writ of Certiorari. This provision does not apply to decisions of a legislative or executive nature since ex parte communications are not required to be disclosed for such matters. Rule 4.7 VOTING 4.7.1 A motion, must be seconded by another City Commission member before the City Commission votes on the proposed motion. Unless otherwise City Charter required by, all motions must receive an affirmative vote of the majority of the quorum of the City Commission present at a meeting to be approved. A nomination by a City Commission member of a person to serve on the City Commission, advisory board or other committee for which the City Commission has authority to appoint members, is not required to have a second. 4.7.2 The Mayor may permit discussion by the City Commission on an agenda item before introduction of a motion. If a motion fails to receive a second, discussion shall end on that motion. A City Commission member may either introduce a motion followed by discussion, or discuss the issue followed by a motion. 4.7.3 The Mayor shall give the City Commission member offering the motion the first opportunity to speak to the motion, followed in order by other City Commission members wishing to be heard. 4.7.4 Any City Commission member may offer an amendment to a pending motion, provided that such amendment does not have the effect of undermining or circumventing the primary objective of the main motion. In all cases in which an amendment shall be offered, the motion shall be seconded and is debatable before a vote is taken on the amendment. If an amendment is adopted by majority vote, debate may continue on the motion as amended. If the City Commission member who made the main motion and the City Commission member making the second on the main motion agree to a proposed amendment to the main motion, the main motion can be restated to include the proposed amendment without the need to act separately on the proposed amendment. 4.7.5 Before the vote, the City Attorney, City Manager, or City Clerk may ask the Mayor for clarification of any pending motion. The City Attorney may suggest rewording of, or clarifications to motions. 4.7.6 The principal purpose of parliamentary procedure is to ascertain the will of the majority and to see that this will is carried out. City Commission members recognize that Page 34 of 309 18 the legislative and policy decision-making process involves interaction of competing ideas that resolve themselves in a decision by the City Commission. That decision may not satisfy all members, but the will of the majority shall prevail. Once a question has been voted on, the decision becomes that of the City, and each member should accept and abide by the results. 4.7.7 Members present shall vote, with no provision for proxy or absentee voting. Every City Commission member present must vote on every question except when required or allowed to abstain from voting unless there appears to be a possible conflict of interest or otherwise pursuant to Florida Statutes § 286.012. The Mayor has the same full voting power as any other City Commission member. 4.7.8 Pursuant to Section C-14 of the City Charter, the votes on any ordinance or resolution shall be individually recorded on the City’s electronic voting system. Whenever electronic voting is inoperable, the City Clerk shall call the roll of City Commission members and record the vote of each member. 4.7.9 A motion to adjourn, to recess, or to table shall always be in order and shall be decided without debate. However, the Mayor may rule a motion to adjourn out of order prior to receiving public comments if such comment period or a public hearing is so noted on the agenda. Rule 4.8 MEDIA ATTENDANCE 4.8.1 The meeting room has limited space for in-person attendance. In an effort to ensure that the maximum amount of space is reserved for members of the public who wish to attend the meeting, if the City receives multiple requests by the media for video footage of a meeting, the City may permit one pool camera at that meeting and each network/affiliate seeking video footage shall be granted access to that footage. Still photographs and recordings taken on personal devices (such as smart phones and cellular telephones) are permitted. The City Manager may designate an area within the City Commission meeting room for media and their equipment. Rule 4.9 PARTICIPATION AT MEETINGS VIA USE OF VIDEO-CONFERENCING 4.9.1 A City Commission member may attend a City Commission meeting via use of video-conferencing technology only in exceptional circumstances, such as a serious medical condition, such as one requiring hospitalization, or military deployment. The use of video-conferencing by an individual member of the City Commission for attending a special or regular meeting shall be limited to not more than two times per calendar year, unless the City Commission grants a waiver by a majority vote allowing additional attendance via video-conferencing. 4.9.2 A member participating by video-conference may vote on matters before the City Commission as long as a quorum is physically present at the meeting or as otherwise established under Rule 2.6. Page 35 of 309 19 4.9.3 It shall be the responsibility of the member desiring to participate by video- conferencing to notify the City Manager of such at least 48 hours before the scheduled meeting in order to allow staff time to be prepared to accommodate virtual participation. 4.9.4 It shall be the responsibility of the City Commission member participating by video-conferencing to assure they have the equipment and internet bandwidth to adequately accommodate video-conferencing on their end of the connection. 4.9.5 It shall be the responsibility of the City and City staff to ensure the City has the appropriate equipment and technology on the City’s end to accommodate video- conferencing that at a minimum: a. Allows the public to see and hear the City Commission member participating virtually while the City Commission Member is speaking. b. Allows the City Commission Member participating virtually to see and hear the person speaking in-person at the meeting. c. Allows the City Commission Member participating virtually to see any presentation materials that are displayed for those participating in person. 4.9.6 In situations where the technology is failing to accommodate of the above, regardless of the cause, the City Commission member’s ability to vote remotely shall be suspended until such time that the problem has been rectified. Any vote taken by the City Commission members physically present during such time shall stand and not be reconsidered unless the majority rules to allow a re-vote. 4.9.7 If technology failure becomes an on-going disruption to the meeting, the Mayor can order that the video connection be terminated until such time the technological failure can be remedied. A majority vote of the City Commission members present in person at the meeting can overturn the Mayor’s order. In the event of a tie vote, the Mayor’s determination stands. 4.9.8 A City Commission member who participates in a meeting by video- conferencing shall not have any member of the public present with him or her who cannot be seen and heard by others participating in the meeting. Rule 4.10 OPENING INVOCATION/PLEDGE OF ALLEGIANCE 4.10.1 It is the policy of the City Commission to allow for an opening invocation, which may include: prayer; a reflective moment of silence; or a short solemnizing message to be offered before the City Commission’s regularly scheduled meetings for the benefit of, and to accommodate the spiritual needs of City Commission members. Page 36 of 309 20 4.10.2 Any City Commission member may volunteer to give an opening invocation. No one else shall perform the opening invocation outside of the Fire Department Chaplain, Police Department Chaplain, a City Commission member, or another individual designated by the Mayor. Alternatively, the Mayor may request a moment of silent meditation. 4.10.3 Consistent with United States Supreme Court precedent, invocation speakers are hereby advised that the invocation should not denigrate any religious faith or non-religious views of others, threaten damnation, or proselytize or preach conversion to their faith or viewpoint. Statements reflecting ideals relating to peace and security for the nation; safety of our armed forces, police, firefighters and emergency service personnel; wisdom for the City Commission; and justice for the people are encouraged. 4.10.4 No member of the City Commission, City employees or staff, or any other person in attendance at the City Commission meeting shall be required to participate in any opening invocation that is offered. Those who do not wish to participate or witness the opening invocation may exit the City Commission chambers and return upon completion of the opening invocation. 4.10.5 Persons attending a City Commission meeting are invited to stand during the opening invocation and Pledge of Allegiance. However, such invitation shall not be construed as a demand, order, or any other type of command. Such invitation constitutes a general invitation that a person in attendance may stand if he or she wishes to do so for such observances. RULE 5 – USE OF COMMISSION CHAMBERS 5.1.1 RESERVATION AND PERMITTED USES. The Commission Chambers are reserved for governmental entities, councils, commissions, boards, and committees for the sole purpose of holding public meetings and public hearings to conduct the City’s business. The Commission Chambers may be utilized for special occasions upon permission of the City Manager or majority vote of the City Commission 5.1.2 PROHIBITED USES In order to preserve the dignity and cleanliness of the Commission Chambers, as well as the City’s neutrality with respect to political campaigns, and to avoid any false or misleading impression that the City or City Commission endorses or favors a particular candidate, and to avoid the use of the services of any municipal employee by a candidate in violation of Florida Statutes § 106.15(3), the Commission Chambers may not be used for: a) For-profit use of any kind or for any purpose; Page 37 of 309 21 b) Individual or personal use; c) Serving or consuming food and/or beverages unless expressly permitted in advance; or d) Any uses relating to political campaigns, including solicitation or accepting of political contributions in violation of Florida Statutes § 106.15(4), a reception for campaign contributors, press conferences, town halls or other citizen outreach events, or filming or photography for political advertisements. 5.1.3 PROCEDURE FOR SCHEDULING a) Requests to reserve Commission Chambers shall be writing and go through the Office of the City Clerk and/or Office of the City Manager, either of which may communicate an acceptance or rejection of the request. City government activities shall have priority over any other proposed uses. b) The requesting person(s) shall be responsible not to exceed room capacity and to leave the Commission Chambers in a neat and orderly condition, including but not limited to removing any trash, turning off all lights, closing all doors, and returning all tables and chairs to their original positions. RULE 6 - TRAVEL The City Commission Non-Local Travel Policy, as amended by Resolution No. 2023-11 and appended thereto as Exhibit “A,” is incorporated herein as if restated at length. RULE 7 – CITY WEBSITE 7.1.1 The City of Ocoee website shall remain under control of the City Manager. No member of the Commission may submit unsolicited material for inclusion on the City website without Commission approval, unless otherwise authorized by these Rules. S:\AKA\CLIENTS\Ocoee, City of\Meetings O164-27483\Rules and Procedures of the Ocoee City Commission - rsg - 1 3 24.doc Page 38 of 309