18-20RESOLUTION NO. 18-20
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING COUNCIL RULES; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Council desires to amend the rules to hold council work
sessions at 9:00 a.m.; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Rule 1, Council Rules, is amended as follows:
SCHEDULING COUNCIL MEETINGS/WORK SESSION AGENDAS
(1) The City Council shall meet on the first and third Thursdays of each month at 6:00 p.m.
in its chamber. However, in July, the City Council 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 Council will make this determination at the
time the annual meeting calendar is being compiled. The day of the meeting may be changed
by majority vote of the Council.
(2) Except as may be rescheduled from time to time when necessary due to conflict, a work
session shall be held at 1:00 p.m. 9:00 a.m. on the first working day of the Council meeting
week. Work sessions are primarily designed for information gathering and guidance, and no
formal Council 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 except by consensus
of Council. Only items on the work session agenda will be discussed. Items not on the agenda
may be brought up by the Council or staff during the work session asking they be scheduled for
subsequent meetings or work sessions.
***
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 6'`-h day ofS2,ernhe K , 2018.
----Cteettqf Aaos
Approved as to form:
Pamela . Akin
City Attorney
George N. Cretekos
Mayor
Attest:
Y, ULM_ ctik—
Rosemarie Call
City Clerk
Resolution No. 18-20
COUNCIL RULES
RULE 1
SCHEDULING COUNCIL MEETINGS/WORK SESSION AGENDAS
(1) The City Council shall meet on the first and third Thursdays of each month at
6:00 p.m. in its chamber. However, in July, the City Council 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 Council will make this
determination at the time the annual meeting calendar is being compiled. The day of
the meeting may be changed by majority vote of the Council.
(2) Except as may be rescheduled from time to time when necessary due to conflict,
a work session shall be held at 1:00 p.m. 9:00 a.m on the first working day of the
Council meeting week. Work sessions are primarily designed for information gathering
and guidance, and no formal Council 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 except by consensus of Council. Only items on the work
session agenda will be discussed. Items not on the agenda may be brought up by the
Council 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 Council.
RULE 2
REQUIREMENTS FOR QUORUM
A quorum for the transaction of business by the City Council shall consist of three (3)
Councilmembers.
RULE 3
MANDATORY MEETING ATTENDANCE FOR CITY OFFICIALS
The City officials whose regular attendance shall be required during the sittings of the
Council shall be the City Clerk, City Manager and City Attorney or their substitutes.
Revised 09-17-2018 1
RULE 4
DUTIES AND RESPONSIBILITIES OF "CHAIR"
The Mayor shall be the presiding officer of the City Council, and shall be referred to as
the "Chair" when sitting in that capacity. In case of the absence of the Mayor, the Vice -
Mayor shall assume those responsibilities, and if both are absent, the senior
Councilmember in years of service shall preside. The Chair shall preserve order. The
Chair may call to order any member of the Council 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 members who seek the floor as provided in Rule 8. The
Chair shall not make or second a motion.
RULE 5
DUTIES OF VICE -MAYOR IN ABSENCE
OF MAYOR
Pursuant to Charter section 2.05, "the Vice -Mayor shall act as Mayor during the
absence or inability of the Mayor to perform the duties of the office of the Mayor." For
the purpose of that section, the Mayor shall be considered absent if there are duties of
the office which must be performed and the Mayor 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 presentations (Proclamations, service awards, or
other special recognitions. Presentations by government agencies or groups
providing formal updates to Council will be limited to ten minutes.)
D. Minutes of previous meetings
E. Citizens to be heard regarding items not on agenda. Each person who
wishes to address the Council shall complete a comment card and submit the
card to the City Clerk (right-hand side of dais). Individuals will limit their
comments to a maximum of three minutes.
F. Consent Agenda
G. Public hearings (not before 6:00 p.m.)
Revised 09-17-2018 2
Legislative and administrative matters:
1. Presentation of issues by City staff.
2. Statement of case by applicant or representative (5 minutes).
3. Council questions.
4. Comments in support and comments in opposition. See
subsection (3) below regarding time limitations for speakers.
5. Council questions.
6. Final rebuttal by applicant or representative (5 minutes).
7. Council motion to determine disposition.
Quasi-judicial Hearings:
1. Staff states its recommendation and briefly summarizes its reasons for
the recommendation and submits record (minutes, staff report, and
application) adduced before the Community Development Board (2
minutes).
2. Applicant presents case, including its testimony and exhibits. (15
minutes).
3. Staff presents further evidence. (10 minutes).
4. Public comment. See subsection (3) below regarding time limitations
for speakers.
5. City Council discussion.
6. Applicant may call witnesses in rebuttal (5 minutes).
7. Conclusion by applicant (3 minutes).
8. Decision.
Second Reading of Ordinances
1. Public comment. See subsection (3) below regarding time limitations
for speakers.
All time limits may be extended upon request, and upon approval of
request by majority of City Council.
H. City Manager reports.
I. City Attorney reports.
J. Council Discussion Items (work session only)
K. Other Council action (if agendaed from work session)
L. Closing comments by Councilmembers (limited to 3 minutes)
M. Closing comments by Mayor.
Revised 09-17-2018 3
The order of business for a worksession meeting shall ordinarily be:
a. Presentations
b. Departmental Review of upcoming Council Agenda items
c. City Manager Verbal Reports
d. City Attorney Verbal Reports
e. Council Discussion Items (agenda via City Manager)
f. New business (items not on the agenda may be brought up asking
they be scheduled for subsequent meetings or work sessions in
accordance with Rule 1 Paragraph (2)
(2) Motion process for agenda items with Ordinances or Resolutions: agenda
items will be presented by staff followed by questions by Council, public input, a motion
and second on the agenda item, discussion/comments by Council, vote, a motion and
second on the ordinance or resolution, discussion/comments by Council, and vote.
Motion process for other agenda items: agenda items will be presented by staff,
questions by Council, public input, a motion and second on the agenda item,
discussion/comments by Council, and vote.
(3) Public comments in support or opposition of items before the Council shall be
limited to a total of 60 minutes, which can be extended upon Council approval. Unless
otherwise specified, persons speaking before the City Council shall submit a completed
comment card and be limited to three minutes per speaker. Representatives of a group
may speak for three minutes plus an additional minute for each person in the audience
that waives their right to speak, up to a maximum of ten minutes. A comment card will
be provided to document the request for additional time and those agreeing to waive
their right to speak. No person shall speak more than once on the same subject at the
same meeting unless granted permission by the City Council. When time limits are set
for speakers, unused time cannot be passed from one speaker to another. Extensions
of time limits can be given if approved by the Chair.
RULE 7
AGENDA/EXPENDITURE OF FUNDS/
WAIVER OR CHANGE OF RULES
(A) The City Manager or City Attorney may agenda an item. Any Council item must
be agendaed for discussion at a work session prior to the item being placed on a
Council Agenda. Any citizen may request a member 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 Council 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 Council upon the motion of any Councilmember. 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.
Revised 09-17-2018 4
(B) Except for items advertised for public hearing, items may be removed from the
agenda. Emergency items may be added to the agenda by the City Manager or City
Attorney without prior notice. Councilmember requested items that have not been
considered at a work session can be discussed at a Council meeting upon a majority
vote of the council to do so. The agenda may be reordered.
(C) Any expenditure of funds requiring Council action must be on the agenda, with
appropriate support material. No action may be taken on expenditures not on the
agenda unless the Council 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 MOTIONS, TIE VOTES
Council may discuss an agenda item after a motion being made. Such discussion may
be interactive between the Councilmembers and may be ended at any time by a motion
to call the question. Otherwise, any member of the Council making a motion shall
address the Chair and await recognition before speaking. 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. The Chair must recognize any person who seeks the floor while
entitled to it.
When a motion is made and seconded, it shall be stated by the Chair, if necessary,
before any debate shall be in order. All questions shall be stated and put by the Chair,
and the Chair shall declare all votes.
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 Council 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, unless a vote to
call the question passes.
Charter Section 2.08 provides that except in certain circumstances "... no action shall
be valid or binding unless adopted by the affirmative vote of the majority of all council
members." Therefore a tie vote or a 2-1 vote shall constitute a continuance of the item
to the next regularly scheduled meeting, but upon a tie vote or a 2-1 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 Councilmember.
Revised 09-17-2018 5
RULE 9
NON -DEBATABLE MOTIONS
The following motions are not debatable:
To adjourn;
To lay on the table;
To take from the table;
CaII the previous question.
RULE 10
RECONSIDERATION
Any member of the Council who voted with the prevailing side may move a
reconsideration of any action of the whole Council 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 COUNCIL ACTION
Council action may be rescinded by a majority vote. The motion may be made by any
Councilmember.
RULE 12
BREAKS/RECESSES
The Council shall, at the direction of the Chair, take a break as needed and may recess
for meals if the members of the City Council agree by their vote.
RULE 13
COUNCIL MINUTES
Copies of the minutes of regular meetings shall be furnished prior to the next meeting.
Such minutes shall stand confirmed at the regular meeting of the Council without the
reading thereof in open meeting unless some inaccuracy or error be pointed out by
some member of the Council present, and in such event, an appropriate correction shall
be made. Upon request, the City Manager will cause the City Clerk to provide any
Councilmember with transcribed excerpts of tapes of City Council meetings.
Revised 09-17-2018 6
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 Council 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 CONDUCT
At all times, the Council, staff and public shall conduct themselves in a respectful and
civil manner. The Chair shall rule out of order any person who, in the Chair's
determination, is making obscene, profane, impertinent, irrelevant, immaterial,
inflammatory statements or inciting violence or fighting. The determination of the Chair
or a majority of the Council shall be final on such matters. No member of the audience
shall, during a Council Meeting, make or cause to be made any audible or disruptive
sound or noise. Signs or graphic displays of any kind shall not be displayed in Council
chambers, except in connection with a presentation made to the Council by a speaker
at the podium. All persons shall at all times conduct themselves in accordance with
these rules and failing such shall be removed from the Council Chambers. In the event
of such removal such person shall not thereafter be readmitted to the Council
Chambers during the same meeting. The Chair may recess the meeting, if deemed
necessary, in order to restore order.
Revised 09-17-2018 7
Resolution No. Date Adopted
77-44 5-12-77
77-129 11-23-77
78-65 6-01-78
80-62 5-15-80
80-101 9-19-80
80-118 11-06-80
81-32 4-16-81
81-92 8-06-81
82-33 4-01-82
82-36 4-15-82
82-115 12-16-82
82-119 12-16-82
83-42 4-07-83
83-75 7-07-83
85-47 6-20-85
86-18 2-20-86
86-30 5-01-86
88-61 12-01-88
89-21 4-20-89
92-79 12-17-92
93-04 1-07-93
93-44 7-01-93
93-45 7-01-93
93-75 12-02-93
94-8 1-03-94
94-16 1-31-94
94-31 4-21-94
94-67 8-15-94
94-74 9-15-94
95-16 2-02-95
95-35 3-16-95
95-77 10-05-95
96-11 1-18-96
96-68 10-17-96
01-43 12-13-01
06-21 03-16-06
07-32 10-17-07
10-11 03-18-10
10-21 08-05-10
12-17 10-04-12
14-18 05-15-14
15-13 05-07-15
16-13 05-05-16
16-21 08-17-16
Revised 09-17-2018 8
17-37 10-05-17
Revised 09-17-2018 9