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01-43 ~ RESOLUTION NO. 01-43 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE COMMISSION RULES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission desires to amend the Commission rules; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Commission Rules are hereby amended as shown on Exhibit "A." Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 13th day of December ,2001. Brian J. Aungs Approved as to form and legal sufficiency: ~/ Pamela K. Akin, City Attorney Attest: ~~Ikt~&<L Jrvcynt . Goucjeau, ~~y-cler n Resolution No. 01-43 " COMMISSION RULES RULE 1 SCHEDULING COMMISSION MEETINGSIWORK SESSION AGENDAS (1) The City Commission shall meet on the first and third Thursdays of each month at 6:00 p.m. in its chamber. However, in July, the City Commission shall hold one regular night meeting on the third Thursday of the month. There will be no regular meeting on the third Thursday of December or the first Thursday of January. The Commission will make this determination at the time the annual meeting calendar is being compiled. (2) Except as may be rescheduled from time to time when necessary due to conflict, a work session shall be held at 9:00 a.m. on the first working day of the Commission meeting week. Work sessions are primarily designed for information gathering and guidance, and no formal Commission decision approving or disapproving an agenda item or items scheduled for public hearing may be made. No public input will be accepted at work sessions. Only items on the work session agenda will be discussed. Items not on the agenda may be brought up by the Commission or staff during the work session asking they be scheduled for subsequent meetings or work sessions. (3) Community meetings will be scheduled as requested by the Commission. RULE 2 REQUIREMENTS FOR QUORUM A quorum for the transaction of business by the City Commission shall consist of three (3) Commissioners. RULE 3 MANDATORY MEETING ATTENDANCE FOR CITY OFFICIALS The City officials whose regular attendance shal/ be required during the sittings of the Commission shall be the City Clerk, City Manager and City Attorney or their substitutes. Rev. 11-30-01 Exhibit A RULE 4 DUTIES AND RESPONSIBILITIES OF "CHAIR" The Mayor-Commissioner shal/ be the presiding officer of the City Commission, and shall be referred to as the "Chair" when sitting in that capacity. In case of the absence of the Mayor-Commissioner, the Vice Mayor shall assume those responsibilities, and if both are absent, the senior Commissioner in years of service shall preside. The Chair shall preserve order. The Chair may cal/ to order any member of the Commission who shall violate any of the rules; and shall decide all questions of order, subject to a majority vote on a motion to appeal. The Chair shall recognize all Commissioners who seek the floor under correct procedure. The Chair shall not make or second a motion. RULE 5 DUTIES OF VICE-MAYOR IN ABSENCE OF MAYOR-COMMISSIONER Pursuant to Charter section 2.05, "the vice-mayor shall act as mayor-commissioner during the absence or inability of the mayor-commissioner to perform the duties of the office of the mayor." For the purpose of that section, the mayor-commissioner shall be considered absent if there are duties of the office which must be performed and the mayor-commissioner is not present and able to perform them. RULE 6 ORDER OF BUSINESS (1) The order of business for a regular meeting shall ordinarily be: A. Invocation B. Pledge C. Special recognitions and awards D. Minutes of previous meetings. E. Citizens to be heard regarding items not on agenda. Each speaker will be asked to give their name and address and to limit their comments to a maximum of three minutes. F. Public hearings (not before 6:00 p.m.) Legislative and administrative matters: 1. Presentation of issues by City staff. 2. Statement of case by applicant or representative (5 minutes). 3. Commission questions. Rev. 11-30-01 4. Comments in support and comments in opposition, 'Nhether as an individual or as a spokesperson for a group (3 minutes). See subsection (3) below reQardinQ time limitations for speakers. 5. Commission questions. 6. Final rebuttal by applicant or representative (5 minutes). 7. Commission motion to determine disposition. Quasi-judicial Hearings (those giving testimony will be sworn-in): 1. Staff states its recommendation and briefly summarizes its reasons for the recommendation (2 minutes). 2. Applicant presents case, including its testimony and exhibits. Witness may be cross-examined (15 minutes). 3. Staff presents further evidence. May be cross-examined (10 minutes). 4. Public comment. (3 minutes per speaker). See subsection (3) below reQardinQ time limitations for speakers. 5. City Commission discussion, and may question any witness. 6. Applicant may call witnesses in rebuttal (5 minutes). 7. Conclusion by applicant (3 minutes). 8. Decision. AI/ time limits may be extended upon request, and upon approval of request by majority of City Commission. G. Special items of widespread public interest. H. City Manager reports. I. City Attorney reports. J. Commission Discussion Items. K. Other Commission action. (2) Agenda items, other than public hearings, will be presented by staff followed by questions by the Commission, public input, discussion by the Commission, a motion and second, then debate on the motion. (3) Public comments in support or opposition of items before the Commission shall be limited to a total of 30 minutes. Unless otherwise specified, P. Qersons speaking before the City Commission at times other than public hearings shall be limited to three minutes per speaker. Representatives of a Qroup may speak for three minutes plus an additional minute for each person in the audience that waves their riQht to speak, up to a maximum of ten minutes. A form will be provided to document the request for additional time and those aQreeinQ to waive their riQht to speak. No person shall speak more than once on the same subject at the same meeting unless granted permission by the City Commission. When time limits are set for speakers, unused time cannot be Rev. 11-30-01 passed from one speaker to another. Extensions of time limits can be qiven if approved by a maiority of the Commission. RULE 7 AGENDA/EXPENDITURE OF FUNDS/ WAIVER OR CHANGE OF RULES (A) The City Manager, City Attorney, or any Commissioner may agenda an item. Any citizen may request a Commissioner to agenda an item, even though staff has assured petitioner that adverse action may result. The Chair cannot depart from the prescribed agenda but the Commission may do so by a majority vote or by consensus in response to a suggestion from the Chair. Continuance may be granted by a majority vote of the Commission upon the motion of any Commissioner. The public will be allowed to speak on an item to be continued if that item is an advertised public hearing, but no other action shall be taken. (B) Except for items advertised for public hearing, items may be removed from the agenda. Additional items may be added upon not less than 72 hours notice by a Commissioner to the City Manager; provided that emergency items may be added to the agenda by the City Manager or City Attorney without prior notice. The agenda may be reordered. (C) Any expenditure of funds requiring commission action must be on the agenda, with appropriate support material. No action may be taken on expenditures not on the agenda unless the Commission determines by the affirmative vote of a majority plus one to permit action to be taken. (D) The rules may be waived or changed only upon the affirmative vote of a majority plus one. RULE 8 DEBATE OF MOTIONSITIE VOTES Any member of the Commission making a motion or second shall address the Chair and await recognition before speaking. The Chair must recognize any person who seeks the floor while entitled to it. The person making the motion is entitled to the floor first for debate. No one is entitled to the floor a second time on the same motion as long as any other member who has not spoken on the issue desires the floor. When a motion is made and seconded, it shall be stated by the Chair before any debate shall be in order. All questions shall be stated and put by the Chair, and the Chair shall declare aI/ votes. Rev. 11-30-01 For a member to discuss a matter while no motion is pending requires permission from the Commission. Motions and any amendments can be withdrawn or modified by the maker at any time prior to the Chair stating the question on the motion; after that time, the permission of the Commission majority must be obtained. The Chair cannot close debate as long as any member who has not exhausted his right to debate desires the floor. A tie vote shall constitute a continuance of the item to the next regularly scheduled meeting, but upon a tie vote on the same item at the next meeting, the item shall not be rescheduled except upon the request of the City Manager, the City Attorney, or a Commissioner. RULE 9 NON-DEBATABLE MOTIONS The following motions are not debatable: To adjourn; To lay on the table; To take from the table. RULE 10 RECONSIDERA TION Any member of the Commission who voted with the prevailing side may move a reconsideration of any action of the whole Commission provided that the motion be made at the same meeting at which the action was taken. A motion to reconsider shall be in order at any time (during the meeting at which the action was taken) except when a motion on some other subject is pending. No motion to reconsider shall be made more than once on any subject or matter at the same meeting. RULE 11 RESCISSION OF COMMISSION ACTION Commission action may be rescinded by a majority vote. The motion may be made by any Commissioner. RULE 12 BREAKS/RECESSES The Commission shall, at the direction of the Chair, take a break approximately every two hours, and may recess for meals, if the members of the City Commission agree by their vote. Any Commissioner may make a motion for a recess for an appropriate reason. Rev. 11-30-01 RULE 13 COMMISSION MINUTES Copies of the minutes of regular meetings shal/ be furnished, when possible, at least seven days prior to the next meeting. Such minutes shall stand confirmed at the regular meeting of the Commission without the reading thereof in open meeting unless some inaccuracy or error be pointed out by some member of the Commission present, and in such event, an appropriate correction shall be made. Upon request, the City Manager will cause the City Clerk to provide any Commissioner with transcribed excerpts of tapes of City Commission meetings. RULE 14 RULES OF ORDER Except as provided herein, or as may be required by Florida law or the City Charter, the rules of the City Commission for the conduct of its business shall be as provided in the most recent edition of Robert's Rules of Order. RULE 15 RULES OF DECORUM At all times. the Commission, staff and public shall conduct themselves in a respectful and civil manner. The Chair shal/ rule out of order any person who, in the Chair's determination. is makinQ obscene. profane. impertinent, irrelevant, immaterial. inflammatory statements or incitinQ violence or fiQhtinQ. The determination of the Chair or a maiority of the Commission shall be final on such matters. No member of the audience shall, durinQ a Commission MeetinQ, make or cause to be made any audible or disruptive sound or noise. SiQns or Qraphic displays of any kind shall not be displayed in Commission chambers. except in connection with a presentation made to the Commission by a speaker at the podium. All persons shall at all times conduct themselves in accordance with these rules and failinQ such shall be removed from the Commission Chambers. In the event of such removal such person shall not thereafter be readmitted to the Commission Chambers durinQ the same meetinQ. The meetinQ may be recessed. if deemed necessary. in order to restore order. Rev. 11-30-01