HomeMy WebLinkAbout2024-04 Establishing Rules and Procedures for the City CommissionSOLUTION APPROVING OF • AND
PROCEDURE' S 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 WE BSITE; 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
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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
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. 2,08- day of Ftbruaru 2024.
Melanie Sibbitt, City Clerk
Rusty Johk son, Mayor
(SEAL)
APPROVED BY THE OCOEE CITY
COMMISSION ON Rhrunm 22 2024
UNDER AGENDA ITEM Nd__�L_
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APPROVED AS TO FORM AND LEGALITY
this iAay of 2024.
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Richard S. Geller, C ty�tto ey
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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.
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,
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.
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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 § 28U1 1.
2.1.2 Except for an emergency ordinance, a public hearing concerning the
[troposed adoption of an Ordinance will be advertised in a newspaper of generd,
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circulation at least (10) days in advance of the public hearing, in accordance with
Florida Statutes § 166.041(3)(a),
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.
2.2A The Mayor may change the order of items on the agenda when in the best
interest of all parties in attendance.
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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,
2.12 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
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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.
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.
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.
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.
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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,
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.
2.8.1 All meetings • the City Commission are •• to the public except '• portions
thereof that may •' closed • the public as permitted by applicable law, such as • 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.
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
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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.
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.
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:
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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 • presentation at a City Commission
• 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.
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.
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.
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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.
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.
3.62 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.
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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,
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Commission to conduct its business in an appropriate manner. The Mayor may direct
,;,ecurity 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.
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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
F,peak.
(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
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order:
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).
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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
V,eleted 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
*f major significance affecting City operations.
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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:
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,
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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).
43A A time t of 3 minutes shall be allotted to speak per person, unless the
Mayor speces 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 indduals 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.
Durina 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
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a maximum of 800 words per item and shall be submitted to the City Clerk in one of the
following ways:
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.
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, • disorderly • loud • boisterous conduct
that disturbs, disrupts, • • impedes the orderly conduct • the meeting.
Disruptive conduct may include, but is not limited to, the use of profanities or vulgarities,
the display • .• behavior, engaging in personal attacks, heckling, stamping of
feet, whistling, • jeering, and similar demonstrations, • • 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.
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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:
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(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.
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,
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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.
(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;
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(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,
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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.
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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
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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.
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.
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
addonal attendance via video-conferencing.
4.92 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.
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4U 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.
4R5 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.
498 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.
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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.
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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 suci oWse-ii/,?,#ces.
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
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:
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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,
*r filming or photography for political advertisements.
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.
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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,
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.
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