26-02RESOLUTION NO. 26-02
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING COUNCIL RULES; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Section 2.08 of the Clearwater City Charter requires the City Council
to determine its own rules and order of business; and
WHEREAS, the Courts have ruled that City Council meetings are limited public
forums for purposes of First Amendment analyses; and
WHEREAS, the primary purpose of City Council meetings is to conduct an orderly
meeting, to receive input from citizens regarding matters on the agenda, and to vote on
Council business; and
WHEREAS, the City Council wishes to balance this purpose with the desire of
citizens to publicly address City leaders regarding topics not on the agenda; and ,
WHEREAS, the City Council had reserved a time for this purpose prior to the
adoption of Resolution 25-03; and
WHEREAS, the City Council finds that thirty (30) minutes is an appropriate and
reasonable time -frame for City leaders to hear public comment regarding any matter
relevant to the City that is not on the Council agenda; and
WHEREAS, the City Council wishes to maximize the number of different speakers
who can be heard during that thirty (30) minute window; and
WHEREAS, the City Council finds that three (3) months is an appropriate time-
frame in which to evaluate the reasonableness of these rules; now therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Rule 6, Order of Business, be amended as follows:
(1) The order of business for a regular or special meeting of the City Council or
Pension Trustees shall ordinarily be:
A. Invocation
B. Pledge
Resolution No. 26-02
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. Consent Agenda
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. 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. Council motion to determine disposition.
Second Reading of Ordinances
1. Public comment. See subsection (3) below regarding time limitations
for speakers.
2. Council motion to determine disposition.
All time limits may be extended upon request, if approved by a majority of
the City Council.
G. Citizens to be Heard on topics pertaining to City business but not on the agenda.
Resolution No. 26-02
H. City Manager reports.
I. City Attorney reports.
J. Other Council action
K. Closing comments by Councilmembers (limited to 3 minutes)
L. Closing comments by Mayor
(3) Public comment shall be accepted only during portions of the meeting where a
motion is made or other proposition is debated by the Council. Ordinarily, this means that
public comment will be accepted during the Consent Agenda, Public Hearings, and
Citizens to be Heard. Public comment shall also be accepted during Other Council Action,
if a motion if a motion is made or other proposition is debated by the Council. The
following rules shall govern all public comment, regardless of the portion of the meeting
in which the public comment occurs:
A. Persons speaking before the City Council shall submit a completed comment card
to the City Clerk (right-hand side of dais) before the speaker will be permitted to
speak. If the speaker has just arrived or decided to speak, the Chair may allow the
card to be filled out after speaking.
B. Each individual may speak for a maximum of three (3) minutes. The Mayor shall
advise the speaker that their time has expired.
C. If the speaker remains at the podium after the speaker's time has expired, thereby
interfering with other persons who may wish to be heard, the speaker's microphone
may be turned off, or the Mayor may rule the person out of order in accordance
with Rule 15.
D. No person shall speak more than once on the same subject at the same meeting
unless granted permission by the City Council.
(4) In addition to the rules set forth in Section 1(3), which govern all public comment,
the following additional rules shall govern public comment regarding items on the agenda:
A. Comments in regard to agenda items pending before the Council shall be limited
to a total of sixty (60) minutes, which can be extended upon Council approval.
B. Representatives of a group may speak for three (3) minutes plus an additional
minute for each person in the audience that waives their right to speak, up to a
maximum of ten (10) minutes. A comment card will be provided to document the
request for additional time and those agreeing to waive their right to speak. When
time limits are set for speakers, unused time cannot be passed from one speaker
to another.
Resolution No. 26-02
(5) In addition to the rules set forth in Section 1(3), which govern all public comment,
the following additional rules shall govern public comment during Citizens to be Heard:
A. Comments in regard to items not on the agenda shall be limited to thirty (30)
minutes total, or ten (10) individual speakers, whichever is greater. The time limit
or number of speakers can be extended upon Council approval.
B. No speaker shall give or receive additional time or minutes to or from another
member of the audience.
Section 2. This resolution shall take effect immediately upon adoption.
Section 3. This resolution shall expire on May 8, 2026. Following its expiration, the
phrasing of Council Rule 6 shall revert to the version that existed on February 4, 2026.
PASSED AND ADOPTED this 5th day of February, 2026.
Approved as to form:
David Margolis
City Attorney
Bruce
Mayor
Attest:
Rosemarie Call
City Clerk
Resolution No. 26-02