HomeMy Public PortalAbout20-9818 Certain Public Meeting During Covid-19Sponsored by: City Attorney
RESOLUTION NO. 20-9818
A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA, FLORIDA,
DECLARING EMERGENCY REGULATIONS
RELATED TO CERTAIN PUBLIC MEETINGS
DURING THE COVID-19 STATE OF
EMERGENCY; AUTHORIZING THE CITY
MANAGER TO ARRANGE FOR PUBLIC
MEETINGS BY USE OF COMMUNICATION
MEDIA TECHNOLOGY AND ADVISORY BOARD
ATTENDANCE; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Novel Coronavirus Disease 2019 (COVID-19) is a contagious
disease that has the apparent ability to spread rapidly among humans and may result in
serious illness or death, constitutes a clear and present threat to the lives, health,
welfare, and safety of the people of Opa-Locka; and
WHEREAS, on March 9, 2020, Governor Ron DeSantis issued Executive Order
number 20-52 which declared a State of Emergency for the State of Florida due to
COVID-19; and
WHEREAS, Governor DeSantis' Executive Order 20-52 contained a
recommendation to limit public gatherings; and
WHEREAS, Executive Order number 20-52 was extended by Executive Orders
20-114; 20-166, 20-192; 20-213 and Executive Order 20-276, which was entered on
November 3, 2020 and is effective for a period of sixty days; and
WHEREAS, on March 13, 2020, the City of Opa-Locka took similar action and
declared a local State of Emergency; and
WHEREAS, on March 20, 2020, Governor DeSantis issued Executive Order 20-69
Resolution No. 20-9818
which suspended any Florida Statute that requires a quorum to be present in person or
that requires a local government body to meet at a specific public place, and further
permits local government bodies to utilize communications media technology such as
telephonic and video conferencing, as provided in Section 120.54(5)(b)(2), Florida
Statutes. Emergency Order 20-69 was extended on several occasions reflecting the
continued state of emergency and threat to the public when gathering to attend public
meetings, but it has now expired; and
WHEREAS, Section 4(D) of Governor DeSantis' Executive Order 20-52 expressly
authorizes local governments to take whatever prudent action is necessary to ensure the
health, safety and welfare of the community in accordance with Section 252.38, Florida
Statutes , which necessarily would include holding virtual public meetings; and
WHEREAS, Chapter 252, Florida Statutes, in part, confers upon the City
emergency powers in order to protect the public peace, health, and safety; and to
preserve the lives and property of the people of the state; and to "make, amend and
rescind such orders and rules as are necessary for emergency management purposes
and to supplement the carrying out of the provisions of ss. 252.31-252.90, but which are
not inconsistent with any others or rules adopted by the division." Section 252.46(1),
Florida Statutes; and
WHEREAS, in accordance with Section 252.38(3) and 252.46, Florida Statutes in
the event of a state of emergency the City is empowered to make and issue rules for
reasons of health and safety; and
WHEREAS, no statute, Charter provision, or ordinance provides that the City
Resolution No. 20-9818
Commission must physically be present at the same place to hold a City Commission
meeting or an advisory board meeting. Rather, Section 4.1(b) of the City Charter states
that the City "shall determine its own rules of procedure"; and
WHEREAS, the City also possesses broad home rule powers that authorize it to
protect the public health, safety and welfare, declare emergencies and protect its
citizens; and
WHEREAS, the City possesses the necessary communication media technology
to allow for public participation during city commission meetings remotely; and
WHEREAS, the City possesses the necessary communication media technology
to conduct advisory board meetings remotely, while fully complying with the
provisions of the Sunshine law and allowing for public participation; and
WHEREAS, as recognized by Attorney General Opinion (AGO) 2020-03, there
are no statutes that expressly define "present" or the "presence" of a quorum as
requiring physical attendance; and
WHEREAS, there have been more than 17,000 deaths reported in the State of
Florida due to COVID-19, with more than 844,000 confirmed cases as reported by the
Florida Division of Emergency Management; and
WHEREAS, Miami -Dade, Broward and Palm Beach Counties, have been most
impacted by the COVID-19 pandemic and the infection rate is rapidly climbing in South
on a daily basis. The City Commission is acutely aware that provisions must be made to
ensure that the business of the City can occur without unnecessarily exposing public
officials, City personnel or members of the public to a risk of infection while also
Resolution No. 20-9818
ensuring public access and open government; and
WHEREAS, the City Commission desires to approve the attached Declaration of
Emergency Regulations, See, attached Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA-LOCKA, FLORIDA AS FOLLOWS:
SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
as being true and correct and are hereby made a part of this Resolution.
SECTION 2. Pursuant to the City's Charter and Code of Ordinances, the
home rule authority of the City Commission, Chapter 252, Florida Statutes, Section 4D
of Governor DeSantis' Executive Order 20-52, and based upon the Legislative Findings
set forth in the above -stated recitals, the City Manager is hereby authorized, during a
declared public health emergency, to arrange for all Advisory Boards and Committees to
utilize communications media technology. Such meetings shall be planned and
conducted in consultation with the City Attorney's Office to ensure, to the extent
practicable, substantial compliance with Section 286.001, Florida Statutes, "Florida's
Sunshine Law."
SECTION 3. The City Manager is hereby authorized to extend the powers of the
Declaration of Emergency Regulations, set forth in Exhibit "A", consistent with Section
252.38, Florida Statutes and until such time as this Resolution is repealed.
SECTION 4. Pursuant to its home rule powers, Chapter 252, Florida Statutes,
Section 4 D of Governor DeSantis' Executive Order 20-52, and based upon the Legislative
Findings set forth in the above -stated recitals, the City Commission of the City of Opa-
Resolution No. 20-9818
Locka hereby confirms and declares that a public health emergency exists requiring
immediate action by the City Commission. By virtue of the threat to public health and
safety and by virtue of the threat to the City's financial health and home rule powers, it is
necessary for the City to implement regulations set forth in Exhibit "A".
SECTION 5. This Resolution shall take effect upon the adoption by the City
Commission and expedited review is requested by the Governor or Governor's Designee.
PASSED and ADOPTED this 12th day of November, 2020.
ATTEST:
Flores, City Clerk
APPROVED AS TO FORM AND
LEGAL SJJFFICIENCY:
adette N
City Attorney
is -Weeks, Esq.
Moved by: VICE MAYOR DAVIS
Seconded by: COMMISSIONER BASS
VOTE: 4-0
Commissioner Bass YES
Commissioner Burke YES
Commissioner Kelley ABSENT
Vice -Mayor Davis YES
Mayor Pigatt YES
Matthew A. Pigatt, Mayor
EMERGENCY ORDER No. 20-06
LOCAL EMERGENCY MEASURES
EXHIBIT "A" to RESOLUTION NO. 20-9818
WHEREAS, on March 9, 2020, Florida Governor Ron DeSantis promulgated
Executive Order 20-52 and declared a State of Emergency in Florida in response to
COVID-19; and
WHEREAS, Section 4(D) of Governor DeSantis' Executive Order 20-52 expressly
authorizes local governments to take whatever prudent action is necessary to ensure the
health, safety and welfare of the community in accordance with Section 252.38, Florida
Statutes, which necessarily would include holding virtual public meetings; and
WHEREAS, COVID-19 is a natural emergency whose increasing effects
are being felt within the City of Opa-locka and that on account thereof, there is
reason to believe that the virus will continue to spread; and
WHEREAS, Miami -Dade County Mayor Carlos A. Gimenez declared a State of
Emergency for South Florida due to the threat of COVID-19; and
WHEREAS, on March 13, 2020, City Manager John E. Pate, declared a Local State
of Emergency for the City of Opa-locka due to the threat of COVID-19; and
WHEREAS, the Center for Disease Control ("CDC") is predicting that it is "likely"
that "widespread transmission" of COVID-19 will continue to occur within the United
States as the number of cases continues to rise nationwide; and
WHEREAS, on March 13, 2020, the City Commission of the City of Opa-locka
ratified the declaration of the City Manager pursuant to Resolution No. 20-9742 for the
benefit of expressing the seriousness of the local public health and safety matters facing
the City and the immediate need for such matters to be addressed; and
WHEREAS, the City Commission of Opa-Locka ("City") now desires to confirm
said declaration and invoke the City's Charter, Code of Ordinances, home rule
authority, Chapter 252, Florida Statutes, Section 4D of Governor DeSantis' Executive
Order 20-52 and well as the above -stated recitals, to permit the City Manager to arrange
for public participation to take place through the utilization of communication media
technology, such as telephonic and video conferencing, as provided by Section 120.54
(5)(b)(2), Florida Statutes and to allow for advisory boards of the City to meet through
communication media technology.
NOW, THEREFORE, the City Commission of the City of Opa-Locka,
County of Miami -Dade, State of Florida, acting under the authority granted to
municipalities by Florida Statutes Sections 252.38, Executive Order Number 20-
52 promulgated by Governor Ron DeSantis on March 9, 2020, as amended, by
City of Opa-locka Charter Section 4.1(b), City Code of Ordinances, by relevant
sections of the Miami -Dade County Code of Ordinances, by prior City of Opa-
locka relevant Resolutions, Local Emergency Measures statutorily granted
hereby ORDERS and promulgates the following Local Emergency Measures
for the City of Opa-locka, effective immediately:
DO HEREBY ORDER AND DECLARE
Section 1. Public Meetings
A. There remains a significant risk of infection of COVID-19 in generally
holding public "in -person" meetings.
B. It is in the best interests of the City that the public be permitted to attend
all City of Opa-Locka public meetings through the utilization of
communications media technology, as provided in Section
120.54(5)(b)(2), Florida Statutes. This authorization to participate in
meetings using communication media technology shall extend to City
personnel, independent contractors, and residents of the City to during
the currently declared State of Emergency related to COVID-19.
C. All public meetings of City advisory boards, quasi-judicial boards, where
applicable, committees working groups may be conducted and held
without the presence of an in -person quorum so long as any meetings
strictly adhere to any and all other requirements under the Florida
Constitution and Florida's Government in the Sunshine Laws, including
Chapter 286, Florida Statutes and utilize communications media
technology, as provided in Section 120.54(5)(b)(2), Florida Statutes. Such
communications media technology must allow for advisory board
members to hear and talk to one another and for the public and to have
an opportunity to participate and review materials or exhibits that
would be presented during the meeting.
Section 2. Applicability, Enforcement and Reauthorization by City Manager
A. This Declaration repeals any portions of previously issued declarations
of emergency that are in conflict.
B. The regulations set forth in this Declaration applies only to City of Opa-
Locka government and is limited to the matters set forth herein.
C. This authorization is limited in nature and is pursuant to the home rule
authority of the City Commission, Chapter 252, Florida Statutes, Section 4 D
of Governor DeSantis' Executive Order 20-52, and based upon a declared
public health emergency and the Legislative Findings set forth herein to
permit the City Manager to: 1) arrange for the public to participate; 2)
arrange for the City Advisory Boards and Committees to meet electronically;
3) extend technology options to City personnel and independent
contractors during the currently declared State of Emergency related to
COVID-19; 4) promulgate rules of procedure that will ensure compliance
with the Sunshine Law; and 5) provide technology and administrative
support as necessary to fulfill these objectives.
D. Meetings may only be conducted without the physical presence of a quorum
of the City Boards and Committees during a state of emergency if:
1) the meeting is properly noticed; (2) minutes are taken; (3) the public is permitted to
attend via technology such as teleconferencing.
E. Until such time that this resolution is repealed, the City Manager is
hereby authorized to extend the powers of this Declaration of Emergency
Regulations, consistent with Section 252.38, Florida Statutes.
F. All requirements'and directives contained in this Local Emergency Measure,
as well as all active Miami -Dade County Emergency Orders and all
Executive Orders issued by Florida Governor Ron DeSantis, shall be strictly
adhered to at all times and enforceable pursuant to the City of Opa-locka
Charter and Code of Ordinances and Section 252.50, Florida Statutes.
Matthew A. Pigatt, Mayor
ATTEST:
John Pate, City Manager
Date
Joanna Flores, City Clerk
CITY OF OPA-LOCKA
INTEROFFICE MEMORANDUM
TO: Mayor, Vice Mayor, & City Commissioners
FROM: John Pate, City Manager
BY: Burnadette Norris -Weeks, P.A.
DATE: November 11, 2020
RE: Reso. #20-9818 Declaring Emergency Regulations Limited To Certain
Public Meetings During The Covid-19 State Of Emergency As Declared
By The Governor And Authorizing The City Manager To Arrange For
Public Meetings By Use Of Communication Media Technology and
Advisory Board Attendance
RECOMMENDATION: Approve Resolution.
ISSUE: Commission authorization is required to allow public participation by use of
communication media technology and to allow advisory boards to continue meeting in
the same way since Emergency Order 20-69 was not extended by the Governor of
Florida.
BACKGROUND: On March 20, 2020, Governor DeSantis issued Executive Order 20-
69 which permitted public meetings to take place without quorum present, in person,
and allowed for the utilization of communications media technology, such as telephonic
and video conferencing, as provided in Section 120.54(5)(b)(2), Florida Statutes.
Emergency Order 20-69 was extended on several occasions reflecting the continued
state of emergency and threat to the public when gathering to attend public meetings,
but it has now expired. There is a need to put on place legislation that will formally
permit the City Manager to operate under existing authority granted to municipalities
by Florida Statutes Sections 252.38, Executive Order Number 20-52 promulgated by
Governor Ron DeSantis on March 9, 2020, as amended, and applicable by City of Opa-
Locka Code of Ordinances and any and all other statutorily granted authority.
DISCUSSION: The Novel Coronavirus Disease 2019 (COVID-19) is a contagious
disease that has the apparent ability to spread rapidly among humans and may result in
serious illness or death. COVID-19 constitutes a clear and present threat to the lives,
health, welfare and safety of the people of Opa-Locka.
On March 9, 2020, Governor Ron DeSantis issued Executive Order number 20-52
which declared a State of Emergency for the State of Florida due to COVID-19.
Governor DeSantis' Executive Order 20-52 contained a recommendation to limit public
gatherings. Executive Order number 20-52 was extended by Executive Orders 20-114;
20-166, 20-192; 20-213 and Executive Order 20-276, which was entered on November
3, 2020 and is effective for a period of sixty days.
As mentioned, on March 20, 2020, Governor DeSantis issued Executive Order 20-69
which permitted public meetings to take place without quorum present, in person, and
allowed for the utilization of communications media technology, such as telephonic and
video conferencing, as provided in Section 120.54(5)(b)(2), Florida Statutes. This
Emergency Order 20-69 was extended on several occasions reflecting the continued
state of emergency and threat to the public when gathering to attend public meetings,
but it has now expired. A danger to the public still exists.
The City of Opa-Locka is not subject to an emergency order by the State of Florida or
Miami -Dade County that authorizes public participation utilizing communications media
technology.
ANALYSIS: Pursuant to the City's home rule powers, Chapter 252, Florida Statutes,
Section 4 D of Governor DeSantis' Executive Order 20-52, and based upon the
Legislative Findings set forth in the resolution recitals, the City Commission, by virtue of
the threat to public health and safety and by virtue of the threat to the City's financial
health and home rule powers, it is necessary for the City to declare a limited emergency
so that that requirements of the Resolution, which approves an emergency order can be
accomplished.
As of this week, there have been more than 17,000 deaths reported in the State of
Florida due to COVID-19, with more than 844,000 confirmed cases as reported by the
Florida Division of Emergency Management. Even with considerations of a possible
vaccine, the Center for Disease Control ("CDC") is predicting that it is "likely" that
"widespread transmission" of COVID-19 will continue to occur within the United States
as the number of cases continues to rise nationwide. It is in the best interests of the
City that the public be permitted to attend all City of Opa-Locka public meetings
through the utilization of communications media technology, as provided in Section
120.54(5)(b)(2). Florida Statutes.
This authorization would extend to City personnel, independent contractors, and
residents during the currently declared State of Emergency related to COVID-19.
Further, this Resolution would allow City advisory boards, including quasi-judicial
boards, where applicable, and working groups to be conducted without the
presence of an in -person quorum so long as Florida laws are observed.