93-75RESOLUTION NO. 93 -75
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA, AMENDING THE RULES OF PROCEDURE OF
THE CITY COMMISSION RELATING TO THE CONDUCT OF ITS
BUSINESS, TO REVISE THE RULES REGARDING THE PRESIDING
OFFICER, THE PLACEMENT OF MATTERS ON THE AGENDA, THE
TIME FOR ADJOURNMENT, ABSTENTIONS FROM VOTING, THE ORDER
OF BUSINESS, TIME LIMITS FOR SPEAKERS, THE RESCISSION OF
COMMISSION ACTIONS, THE AMENDMENT OR SUSPENSION OF THE
RULES, THE EFFECT OF TIE VOTES, THE DISTRIBUTION OF MAIL
AND OTHER WRITTEN MATERIALS, REPORTS BY COMMISSIONERS
SERVING ON OTHER BOARDS, AND RELATED MATTERS; ADOPTING
ROBERT'S RULES OF ORDER; DELETING CERTAIN PROVISIONS
WHICH ARE OTHERWISE PROVIDED BY FLORIDA LAW OR THE CITY
CHARTER; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission finds that the rules of procedure for the
conduct of its meetings should be amended as provided herein; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The Rules of Procedure of the Clearwater City Commission are
amended to read:
SEE EXHIBIT "A" TO THIS RESOLUTION
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 2d
Attest:
Cyn is E. Goudeau
CO Clerk
N
day of December , 1993.
Rita Garvey
Mayor - Commissioner
COMMISSION RULES
RULE 1
(rev. 12 -2 -93)
A quorum for the transaction of business by the City Commission shall consist of
three (3) Commissioners. The Mayor- Commissioner shall be the presiding -r zs- id-i„9
officer of the City Commission and shall be referred to as the "Chair" when
sitting in that capacity shall be the Mayer Gemm "siene-. In case of the 44-&
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 pres4ding eff4eer shall preserve order. The
Chair Re•may tali to order any member of the Commission who shall violate any of
the rules; and, when 4m the— a i , he shall decide all questions of order,
subject to a majority vote on a motion to appeal. The Chair chair- shall
recognize all Commissioners who seek the floor under correct procedure.
Normally, members of the public shall be allowed to speak, but they shall be
limited to three (3) minutes speaking time per issue. All questions shall be
stated and put by the Chair 44*, and the Chair 1ie- shall declare all votes.
RULE 2
(rev. 7 -1 -93)
The City Clerk shall make correct minutes of the proceedings of each Commission
meeting, and shall furnish copies of the minutes of each meeting to the Mayor-
-Commissioner and to each Commissioner. Copies of the minutes of a regular
,;;daytime meeting shall be furnished at least seven days, when possible, prior to
the next regular daytime meeting, and copies of the minutes of a regular night
meeting shall be furnished at least seven days, when possible, in advance of the
next regular night 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 3
(rev. 12 -2 -93)
All motions shall be made and seconded before debate.
RULE 4
A copy of each ordinance when passed shall be furnished by the City Clerk to the
heads of all City departments concerned.
CCRUi_.r--y Resolution 93 -15
RULE 5
(rev. 2- 20 -86; 5-1 -86; 1 -7 -93; 7 -1 -93; 12 -2 -93)
(1) The City Commission shall meet on the first and third Thursdays of
each month at 6:00 p.m. in its chamber ( "regular night meetings "), and on the
Mondays before the first and third Thursdays at 9:00 a.m. or at such other time
as shall be announced not less than 24 hours in advance ("regular daytime
meetings "). However, in July, the City Commission shall hold one regular night
meeting on the Monday before the first Thursday of the month. special meetings
may be held on call of the Mayor- Commissioner, City Manager or any two of the
members and upon no less than twenty -four (24) hours notice to the public and to
the members of the City Commission.
(2) Agenda items may be scheduled for a regular daytime meeting or a
regular night meeting, except that items requiring a public hearing shall be
scheduled for regular night meetings or at special meetings called for such
purpose.
(3) Except for items advertised for public hearing, items may be removed
from the agenda. Additional and addit4ena4 items may be added upon not less than
79 hnure nntire by a Commissioner to the Citv Manager; vrovided, that emergency
prior notice. The agenda may be reordered. Minutes shall be taken and
distributed by the City Clerk. Only staff foembers shall be linc-4ded 4n the vierk
session diseussien unless prier arrangements are made threuo the G4iy Manager.
(4) A regular night meeting or special night meeting shall conclude at
approximately midnight and a regular daytime meeting shall conclude at
approximately 6:00 p.m., unless the time of adjeurnmerrt is extended by a majority
vote the ^ nent of the members of the Commission in attendance. The
ir
Cha Ma3� shall adjourn the meeting upon the conclusion of the item of business
which is under discussion at the time for Ld_journment m4dmight unless the time
for adjournment is extended. With the majority vote ufia-+ a�- eo7�ri of the
members of the Commission in attendance, the meeting may be extended for such
time as is necessary to discuss and act upon any of the remaining items of
business on the agenda as the members may agree. Uncompleted agenda items shall
be automatically postponed to the next regular meting and included on the
appropriate agenda unless such items are placed upon the agenda of a later
regular meeting or a special meeting, as a majority of the members in attendance
may agree. Notwithstanding the foregoing, the setting of meeting dates, the
scheduling of uncompleted agenda items for a regular or special meeting, and a
motion to adjourn shall be in order regardless of the time of night.
(5) four (4) "town" f-e-i -ana4 meetings shall be scheduled during the year,
excluding June, July, August and December. They will be scheduled at City -owned
facilities throughout the corporate limits when possible.
CC"RVLV -S 2 Rcso(utiott 9375
RULE 6
The City Commission shall appoint all committees and advisory boards in
accordance with the provisions of the administrative code. The City Clerk shall
furnish each committee or advisory board with copies of all resolutions or
ordinances relating to the concerns of said committee or advisory board, which
shall be delivered by the most economical method to the chairman of such
committee or advisory board within four (4) days after the passage of the same,
or as soon thereafter as possible.
RULE 7
(rev. 6- 20 -85; 12 -2 -93)
No Commissioner shall vote in his or her official capacity on a matter in which
that Commissioner has a direct or indirect personal or financial interest, or
which inures to his or her special private gain, or to the special gain of any
principal by whom the Commissioner -he is employed or otherwise retained. The
Commissioner shall He must a4se state at the public meeting the nature of his or
her interest and within fifteen (15) days after the Commission meeting file with
the City Clerk a Form 4 to describe the nature of his or her interest in the
matter. The Form 4 shall be received by the City Clerk and incorporated into the
minutes of the meeting. A Commissioner shall abstain from voting on an item
RULE 8
The City officials whose regular attendance shall be required during the sittings
of the Commission shall be the City Clerk, City Manager and City Attorney or
their substitutes; but all or any other officers of the City shall be bound to
attend any meetings upon direction of the City Manager or by special request of
any Commissioner to the City Manager.
RULE 9
No citizen, except those determined to be out of order and subject to removal by
the Chief of Police, shall be excluded from any meeting of the Commission whether
it be regularly scheduled or specially called.
RULE 10
(rev. 2- 20 -86; 12 -1 -88; 12- 17 -92; 7 -1 -93; 12 -2 -93)
(1) The order of business for a regular night meeting shall ordinarily
be:
I. Procedure
A. Special recognitions and awards.
B. Minutes of previous meetings.
CC ROLM
Resolution 93.75
be:
C. Public hearings (not before 6:00 p.m.)
Legislative and administrative matters:
1. 2- Presentation of issues by City staff.
2.
-3- Statement of case by applicant or representative (5 minutes).
3. 6- Commission questions.
4.- Comments in support and comments in opposition, whether as an
n4
6. -- Commission questions.
6. -9- Final rebuttal^by applicant or representative (5 minutes).
7. 4-9- Commission motion to determine disposition.
Variance applications__
1. �2-. Staff states its recommendation and briefly summarizes its
reasons for the recommendation (2 minutes).
2. -3-. Applicant presents case, including its testimony and exhibits.
Witness may be cross- examined (15 minutes).
3. 4-. Staff presents further evidence. May be cross- examined (1C
minutes).
4. 6- Public comment (3 minutes per speaker).
5. 6- City Commission discussion., and may question any witness.
6. -7—. Applicant may call witnesses in rebuttal (5 minutes).
7. 8-. Conclusion by applicant (3 minutes).
8. 4- Decision.
All time limits may be extended upon request, and upon approval of
request by majority of City Commission.
D. Special items ff-esefftai=i -e� of widespread public interest.
E. Citizens to be heard regarding items not on agenda (3 minutes per
speaker).
F. City Manager reports.
G. City Attorney reports.
H. Commission Discussion Items.
I. 44- Other Commission action.
(2) The order of business for a regular daytime meeting ,shall ordinarily
A.
H.
C.
t.CIPULFS
Re�ohditln 93.75
i
i
D. Citizens to be heard regarding items not on agenda (3 minutes per
s eaker ).
E. City Manager reports.
F. City Attorney reports.
G. Commission Discussion Items.
H. Other Commission action.
f
(3) Persons speaking before the City Commission at times other than
public hearings shall be limited to three minutes per speaker. 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 passed from one speaker to another.
RULE 11
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 1
reconsider shall be made more than once on any subject or matter at the same
meeting. Commission action may be rescinded by a majority 44 vote. The motion
may be made by any Commissioner.
RULE 12
The City Manager, City Attorney, or any Commissioner may agenda an item. Any
citizen may request to be agendaed, even though staff has assured petitioner that i
adverse action may result. The Chair cannot depart from the prescribed agenda
but the Commission may do so by a majority 44& vote or by consensus in response
to a suggestion from the Chair.
°rc
n t 6E- -°3--
Inn„ i ,7 9
These rules, ry -- ,
by a at44e—VGt�-
proy of Rule 5 relat4ng to ad eui"- +meta —ae
nd-m ` -be-am A` ate-a €a m�
of n members w +t r�mM;,6g -1gp_, ii-i C --W3�r
fflade and seeended s before the the metien. These
r e „ �. 4s ~ tf- c-R r-- _4he_b e Gem,' r 1-11
efl4v and no ruies e— any-- aetion of the
�f3ii+l vF�� 'R- �F�F;-- d��Nt•£i"�jr"- �E�-'n ,fir= r- t- y— '6�r-- �'o°r�j� —t-„�. �-- �,a�� -T-.=
RULE: 133 -14
(rev. 12- �2 -93)
Any member of the Commission making a motion or second shall address the Chairman
and await recognition before speaking. The Chair must recognize any person who
C:C RULFS 5 Resolution 93 -75
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
Chairman before any debate shall be in order. Upon presentation of agenda items,
members may ask questions and request additional information prior to making
motions. 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 or her right to debate desires the floor 4
vote -four (4) mefnPers. 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
RULE 14 15
(rev. 12 -2 -93)
The following motions are not debatable:
To adjourn;
To lay on the table;
To take from the table.
For the pre,�49ws questie-n—.
ind4v4duals spealOng en nos agenda — ftems shall be 1444 ., . + d tG not less +hamh aee,
b*
RULE 15 17�
(rev. 12 -2 -93)
The Commission shall, at the direction of the Chair, take a ten minute break
approximately every two hours, and may recess for meals dinner, if the members
of the City Commission agree by their vote. Any Commissioner may make a motion
for a recess for an appropriate reason.
All material prepay
shall be provided t o
Clerk's Department
Department of-4ee, f
CCRULES
RULE 15 19
(rev. 5- 20 -85; 12 -2 -93)
ed by the C
the press
o€��.
or the publ
ity Manager and City Attorney -for
and to the public via a special
neports shall be made available
is to review.
the Commission
box in the City
in the Clerk's
Resolution 93 -75
RULE 177 44
(rev. 6- 20 -85; 5 -146; 4- 20 -89; 12 -2 -93)
All mail to the Mayor - Commissioner an;" the Commissioners arriving at City Hall
received pursuant to the law or in connection with the transaction of official
business by the City of Clearwater shall be copied as follows:
A. Each commission member will receive the original of items addressed
to them whether anon mous or not. Copies. a*d-49P4-e& of everything
will ee+te be made for all Commissioners, the City Clerk's
Department. 44-& the Legal Department
The citizens' file, and the press fil d the c� d'� --1-^ Mail
will be delivered each workin da .
B. Other anonymous Aeeeyme+& letters and suggestions_ will not be
distributed.
C. Publications and lengthy agenda materials for other boards upon
which the Commissioners serve will not be copied. Only the agendas
will be circulated. Items of considerable length (such as
petitions) will not be copied, but instead a memo will be
distributed announcing the availability of the item in the office.
D. Mail with the words similar to "Personal ", "Confidential ", or "For
the Addressee Only" will be delivered unopened to the addressee.
E. The Mayor - Commissioner and Commissioners receiving individually
addressed mail will be responsible for replying, asking the City
Manager or City Attorney to reply, or placing the matter on the
agenda for formal Commission consideration.
F. The City Manager will be responsible for seeing that mail addressed
to the Commission as a whole Me }gip is
properly answered or placed on the agenda.
G.
e Citv Commission. T4+e
H. The City Manager will discuss with the Mayor malicious mail.
I.
RULE 18
(new 12 -2 -93)
CC`12 U LES 7 Resolution 93 -75
AMENDMENT HISTORY
THIS PAGE IS NOT PART OF RESOLUTION RESOLUTION 93 -75. THIS IS FOR CONVENIENCE
OF REFERENCE ONLY.
COMMISSION RULES
RESOLUTIONS
Resolution No. Date of Resolutions
77 -44
5 -12 -77
77 -129
11 -23 -77
78 -65
6 -1 -78
80 -62
5 -15 -80
80 -101
9 -19 -80
80 -118
11 -6 -80
81 -32
4 -16 -81
81 -92
8 -6 -81
82 -33
4 -1 -82
82 -36
4 -15 -82
82 -115
12 -16 -82
82 -119
12 -16 -82
83 -42
4 -7 -83
83 -75
7 -7 -83
85 -47
6 -20 -85
86 -18
2 -20 -86
86 -30
5 -1 -86
88 -61
12 -1 -88
89 -21
4 -20 -89
92 -79
12 -17 -92
93 -4
1 -7 -93
93 -44
7 -1 -93
93 -45
7 -1 -93
93 -75
12 -2 -93
CCRULES 8 Resolution 93 -75