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Home My Public Portal About20.05 Changes to Council Rules RESOLUTION: 2020-5 RESOLUTION NO. 20-05 A RESOLUTION OF THE CITY COUNCIL OF CRESTVIEW, FLORIDA, AMENDING THE CITY COUNCIL RULES OF PROCEDURE RESOLUTION 13-12, AS AMENDED BY RESOLUTION 13-17, AS AMENDED BY RESOLUTION 15-09, AS AMENDED BY RESOLUTION 16-03, AS AMENDED BY RESOLUTION 16-12, AS AMENDED BY RESOLUTION 16-18, AS AMENDED BY RESOLUTION 19-21, CRESTVIEW CITY COUNCIL RULES AND PROCEDURES, SECTION THROUGH OUT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council has determined that it is in the best interest of the City to amend the Crestview City Council Rules and Procedures as approved in Resolution 13-12; amended by Resolution 13-17;, amended by Resolution 15-09; amended by Resolution 16-03, amended by Resolution 16-12; amended by Resolution 16-18; and further amended by Resolution 19-21; and: WHEREAS, Certain changes in regards to meeting procedures has been determined to be needed, and: WHEREAS, Resolution 19-21 needs to be amended to reflect such changes. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA, THAT: SECTION I. The Crestview City Council Rules and Procedures shall be amended as per Section II. (Underlined text designates additions; stricken text designates deletions.) SECTION II. 3.16 Ex Parte Communications: 1. The substance of any ex parte communication with a local public official which relates to quasi-judicial action pending before the official is not presumed prejudicial to the action if the subject of the communication and the identity of the person, group, or entity with whom the communication took place is disclosed and made a part of the record before final action on the matter. 2. A local public official may read a written communication from any person. However, a written communication that relates to quasi-judicial action pending before a local public official shall not be presumed prejudicial to the action, and such written communication shall be made a part of the record before final action on the matter. 3. Local public officials may conduct investigations and site visits and may receive expert opinions regarding quasi-judicial action pending before them. Such activities shall not be presumed prejudicial to the action if the existence of the investigation, site visit, or expert opinion is made a part of the record before final action on the matter. 4. Disclosure made pursuant to subparagraphs 1., 2., and 3. must be made before or during the public meeting at which a vote is taken on such matters, so that persons who have opinions contrary to those expressed in the ex parte communication are given a reasonable opportunity to refute or respond to the communication. This subsection does not subject local public officials to part III of chapter 112 for not complying with this paragraph. 4.5 Emergency Meetings: Emergency meetings may be held on the call of the Mayor, President , Mayor Pro Tem, or City Manager, or any three (3) Councilmembers whenever there is a public emergency and whenever practicable, upon no less than one (1) hours’ notice to each Councilmember and the local news media. 6.1 Order of Business: The general rule as to the order of business in regular meetings shall be as follows: Call to Order; Invocation and Pledge of Allegiance; Opening of the meeting Approval of Agenda Special Presentations Reports & Presentations Presentations and Reports Approval of Minutes; Public Hearings; Public Opportunity on Council propositions (Subject to limitations provided in Sec. 286.0114(3)(a) Florida Statutes); Consent Agenda; To Include Minutes approval Resolutions Ordinances on First Reading Public Hearings/Ordinances on Second Reading Ordinances on Second Reading Ordinances on First Reading Action Items Comments from Audience (any unscheduled presentations will be heard here) Comments from Mayor and Council City Clerk Report City Attorney Report City Manager Report Comments from Mayor and Council Adjournment Public comments on Agenda Items will be included in each category of the agenda, and will be addressed by the presiding Officer. 6.2 Agenda: The order of business of each regular meeting shall be as contained in the Agenda. The Agenda shall be a listing by topic, of subjects to be considered by Council. A request to be on the agenda shall be presented in the prescribed form to the City Clerk or the City Manager Administrative Assistant to the Council, at least 2 weeks prior to the scheduled meeting. All documentation for agenda items will be due by the Wednesday, 12 days prior to the meeting. Presentations from the public are addressed in section 8.2. 6.3 Presentation by Mayor, Councilmembers and City Attorney: The Agenda shall provide times when the Mayor, Councilmembers, City Manager, City Clerk and City Attorney may bring before the Council any business that he or she feels should be deliberated upon by the Council. These matters need not be specifically listed on the Agenda but may be acted upon by an extraordinary vote of the Councilmembers present and eligible to vote on the matter. Except in instances where extraordinary conditions are necessitated, the Mayor, Councilmembers, City Clerk, and City Attorney shall notify the City Manager of forthcoming agenda topics in keeping with the above deadlines and strive to supply backup materials for timely distribution with the agenda packets. 6.4 Consent Agenda: The Consent Agenda may be used to handle routine matters on the agenda expeditiously. There is no separate discussion of these items unless the Mayor, a Councilmember, or member of the public requests an item be removed for consideration in its normal sequence on the agenda. The approval of the Consent Agenda is usually handled in one motion from the Council table, "I move that the Consent Agenda, (item numbers may be included) be approved; or if items are to be removed, "for good cause" or "discussion", a typical motion might be, “I move that we approve the Consent Agenda items through with the exception of item .” The approval of minutes from previous meetings will be a part of the consent agenda. 7.1 Requests for Ordinances, Resolutions or Opinions: Any Councilmember may request the City Attorney, City Manager, City Clerk or a Department Head prepare or have prepared a proposed an ordinance or resolution. The City Attorney may assist the City Manager, City Clerk or a Department Head in the preparation of a proposed ordinance or resolution. Any Councilmember, Mayor, City Manager, City Clerk or Department Head may request a legal opinion of the City Attorney. 8.3 Addressing the Council -- Public Opportunity on Council Propositions: Any person desiring to address the Council by oral communication regarding Council propositions on the agenda, shall complete and deliver a Speaker Request Card to the City Manager or City Clerk then secure the permission of the Presiding Officer and will be recognized under Public Participation on Council Propositions where that item occurs on the agenda at the time the item appears on the agenda. A speaker card is not required to speak on an item, but those providing the card will be given the first opportunity. 8.4 Addressing the Council — Comments from Audience: Any person desiring to address the Council by oral communication shall complete and deliver a Speaker Request Card to the City Manager or City Clerk then secure the permission of the Presiding officer and will be recognized under "Comments from the Audience" where that item occurs on the agenda. A speaker card is not required to speak, but those providing the card will be given the first opportunity. 8.5 Addressing the Council — Public Opportunity on Public Hearings: Any person desiring to address the Council regarding Public Hearings, on the agenda, by oral communication shall complete and delivery a Request to Speak Card to the City Manager or City Clerk then secure the permission of the Presiding Officer and will be recognized under "Public Hearings" where that item occurs on the Agenda. A speaker card is not required to speak, but those providing the card will be given the first opportunity. 8.6 Manner of Addressing the Council -- Time Limit: Each person addressing the Council shall approach the microphone, shall give his or her name and address and the organization or group they represent if any, in an audible tone of voice for the record and, unless further time is granted by the Council, shall limit their address to three (3) minutes. All remarks shall pertain to City business and shall be addressed to the Council as a body, and not to any Councilmember thereof. No person, other than Councilmembers or the Mayor, and the persons having the floor, shall be permitted to enter into any discussion, either directly or through the members of the Council. No questions shall be asked of the Councilmembers or staff, except through the Presiding Officer. 9.1 Suspension of Rules: Any provision of these rules not governed by the City Charter, State Statute, or City Code may be temporarily suspended by a vote of a majority of all the Councilmembers. 9.2 Amendment of Rules: These rules may be amended, or new rules adopted, by a majority vote of the full membership of the Council, provided that the proposed amendments or new rules shall have been introduced into the record at a prior Council meeting. SECTION III. This Resolution shall become effective upon adoption by the City Council. PASSED AND ADOPTED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA ON THE ____ DAY OF _________________, 2020. ATTEST: _____________________________________ J B WHITTEN, Mayor _______________________________________ ELIZABETH ROY, City Clerk