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1978, December-Revised l~ . ' " MONROE COUNTY BOARD OF COUNTY COMMISSIONERS r- '. ADMINISTRATIVE PROCEDURES Adopted 12/19/78 Revi sed 1/16/79 Readopted 1/5/81 Proposed . Revisions 2/15/83 ~IONROE COU:-;TY BOARD OF COUNTY CO~IMI SS [ONERS :-~, ADMINISTRATIVE PROCEDURES " SECT! ON 1 Sec..'l.O-l Governing Rules: Except as may be provided by these rules and by-laws, questions of order, the methods of organization and the conduct of business of the Commission shall be governed by Roberts Rules of Order as revised. Sec. 1.02 Meetings: (a) Regula.T ~Ieetings: The County Commission shall hold regular meetings at 10:00 A.M. every other Friday commencing January 7, 1983, at Marathon, Florida, on a regular rotation basis at Marathon, Key West, and Plantation Kev. No meeting shall be scheduled when the day fixed for a regular meeting falls on a day designated as a holiday. Regular meetings may be postponed or cancelled by Board action and may be re- scheduled on another suitable day. Regular meetings shall be held in the following locations: Marathon - Marathon Sub- courthouse; Key Wes t - Court Room B, Thi rd Floor, .\nnex Building; Plantation Key - Plantation Key Subcourthouse. With advance notice, in extenuating circumstances, the Chairman may designate other suitable locations. (b) Work~ho~.~sion...::~: Regular County Commiss ion Workshop Sessions will be held for the purpose of discussing items of County business with Department Heads, and as a meal\s of encouraging public participation in the affairs of the County. _ Workshop Sessions as the Board of County advisable. will be held at such times and places Commissione~s deems necessary and Workshop Sessions a manner as determined most productive. will be conducted informal Iv in such by the Chairman which will prove the Adopted 12/19/78 Revised 1/16/79 Readopted 1/5/81 - 1 - - 2- ('\ Public notice shall be given of all Workshop Sesiions within a reasonable time prior to each session. Tapes of Workshop Sessions shall be the official record of the Workshop Session, unless specific instructions are given otherwise. " NO OFFICIAL ACTION WILL BE TAKEN AT WORKSHOP SESSIONS. ITH1S WILL BE REFERRED TO THE REGULAR NEETING AGENDA FOR ACTION. Sec. 1.03 Special Meetings: "...' ( A special meeting of the County Commission may be called by the Chairman whenever in his opinion the public husiness may require it, and shall be called whenever a majority of the Commission requests a special meeting. Whenever a special meeting shall be called by the Chairman, a written request signed ,by the Chairman shall be delivered to the Clerk; and "'Whenever a ~pecial meeting ~hall be called by members of the Commission, a 'ritten request signed by at least two members of the Commission shall be delivered to the Clerk. The request shall state the p~rpose of the meeting. The Clerk shall forthwith serve either verbal or written notice, unless specifically waived, upon each member of the Commission, and the Attorney, stating the date and. hour of the meeting and the purpose for which such meeting is called, and no other business shall be transacted at that meeting unless a full five-member quorum is present and unanimously agrees to additional items. The Clerk in his notice of a special meeting shall allow at least four hours to elapse between the call of the meeting and the date and hour of the meeting. If, after reasonable diligence, it was impossible to give notice to each Commissioner, such failure shall not affect the legality of the meeting if a quorum be in attendance. The'minutes of each special meeting shall show the manner and method by which notice of such special meeting was given to each member of the Commission, or shall show a waiver of notice. All special meetings shall be open to the public and shall be held and conducted in the Monroe County Courthouse or subcourthousel or other appropriate location designated by the Chairman or the County Adfuinistrator. Minutes thereof shall be kept by the Clerk as is kept for Regufar Meetings. Sec. 1.04 Agenda: (a) An agenda will be prepared by the ~ounty Administrator's Office for every Regular Meeting, Special Meeting or Workshop Session of the Commission. The Commission shall not take action on any matter, proposal, report or ~tem of business which is not listed upon the official agenda, unless a majority of the Commission present shall have first concurred to the presentation thereof for consideration and action. Adopted 12/19/78 Revised 1/16/79 Readopted 1/5/81 - 3- .r."--", ( .,. All Regular meeting agenda items will he Qiven to the Administrator's Office by 4:00 P.M. on the sec~nd Wednesday prior to the scheduled meeting date. The agenda shall be prepared and distributed not later than one week preceding the meeting on Friday. .' (b) Regular Meeting Agenda: Matters for action may be placed on the Regular Meeting agenda only by a Commissioner, the GDunty Attorney, County Clerk, and County Administrator, with written comments and/or recommendations from staff as is appr6prtate. (c) Workshop Agenda: ~latters for discussion at a \','orkshop Meeting, Committee Heeting or Subcommittee Meeting m'ay be scheduled on an agenda for any member of the public, County Commission, County Attorney, Clerk, County Administrator or Department Head. Any item requiring formal action after the Workshop Session by the Board of County Commissioners will be scheduled for Commission action at a Regulhr or Special Meeting. (d) When necessary, the Board of County Commissioners shall convene as the Board of Appeals to consider zoning and building matters. Such hearing shall be scheduled for 4:00 P.M, (or as soon thereafter as possible) on the day it is advertised by the Attorney. Such appeal shall be scheduled on the agenda. The Board shall consider the appeal and hy motion adopt a reso- lution affirming or denying said appeal and all such motions shall include authorization for the Chairman of the Board to execute said resolution when prepared. Sec. 1.05 Presiding Officer, Election, Duties: (a) Chairman: The Presiding Officer of the Commission is the Chairmall;\~Jl()shall be elected by a majority vote of the members present at the first regular meeting of a new Board ig an election year commencing in November, 1978, and at the first regular meeting in November in non-election years. I (h) Vice-Chairman: IfL_Lb~.'lcnL!{Cason., the Chairman is absent or unaDle to perform his duties, tne Vice-Chairman, who will have been elected under the same circumstances as the Chairman, shall succeed him. If the Commission determines that the disahility or absence is expected to extend for a period of time in excess of the length of the meeting at which this is determined, a new Vice-Chairman shall then he' elected by a majority of the members present at that meeting. , (c) Presiding Officer: The Chairman may from time to time, appoint another Commissioner to serve as the Presiding Officer, even though the Chairman shall remain in attendance at that meeting. Any Commissioner appointed to serve as Presiding Officer may decline that appointment. The Presiding Officer shall preserve Adopted 12/19/78 Revised 1/16/79 Readopted 1/5/81 ----- , (:2 ~'~~ -4- strict order and decorum at all meetings of the Commiision. A majority vote of the members present shall govern and conclusively determine all questions of order not otherwise covered. The Presiding Officer may vote on all questions, his name being ca11ed last. The Chairman shall sign all ordinances and resolutions adopte' by the Commission during his presence. In the event of the absence of the Chairman, such ordinances and resolutions shall be signed by the Presiding Officer. Sec. 1.06 Parliamentarian: The County Attorney or his designee shall act, as par- liamentarian, and shall advise and assist the presiding officer in matters of parliamentary law. Sec. 1.07 Attorney: The County Attorney, or his designee in his absence, shall be available to the Commission at all meetings unless excused by the ~oard. He shall draw ordinances and resolutions for any member of the Commission when and as directed. Sec. 1.08 Call to Order: The Chairman shall take the chair at the hour appointed for the meeting, and shall immediately call the Commission to order. In the absence of the Chairman, and the Vice-Chairman, the Clerk shall then determine whether a quorum is present and in that event shall call for the election of a temporary Chair- man. Upon the arrival of the Chairman, or the Vice-Chairman, the temporary Chairman shall relinquish the chair upon the conclusion of the business immediately before the Commission. Sec. 1.09 Roll Call: . Before proceeding with the business of the Commission, the Clerk or his designee shall call ~he roll of the members in alphabetical order unless the Chairman stipulates all are present and the names of those present shall be entered in the minutes. Sec. 1.10 Quorum: A majority of the whole number of members of the Com- mission shall constitute a quorum. No ordinance, resolution or motion shall be adopted by the Commission without the affir- mative vote of the majority of all !he members present. Should no. quorum attend within thirty minutes after the hour appointed for the meeting of the Commission, the Chairman, or the Vice- Chairman, or in their absence, the Clerk or his designee, may adjourn the meeting until the next day, unless by unanimous agreement those members present select another hour or day. Adopted 12/19/78 Readopted 1/5/81 -5- ~-~ , . , The names of the memhers present and their uetion at ~uch meeting shall be recorded in the minutes by the Clerk. Sec. 1.11 Order of Business: " All meetings of the Commission shall be open to the public. Promptly at the hour set for each meeting, the members of the Commission, the County Attorney, and the Clerk shall take."their regular stations in the Commission Chamber, and the business of the Commission shall be taken up for consideraticin and disposition in accordance with the agenda for the meeting. The agenda shall constitute the order of business, unless other- wise determined by a majority of the members present. Sec. 1.12 Rules of Debate: (a) Consideration: When an item of business has been announce by t e County Administrator, the Chairman shall first ask if there is any member of the audience who wishes to be heard regarding this matter. Any person who wishes to be heard shall, prior to the item being called, provide the Clerk with his or her name and residence, and the agenda item on which he or sh~ wishes to be heard. Upon conclusion of audience participation, . the Board shall then consider the item. After the Board has begun its discussion of the item, no further audience participation shall be permitted, unless the Chairman permits a memher of the audience" to respond to specific questions from the Commissioners. A motion must be made and properly seconded in order for official action to be taken by the Board. The presentor/mover shall be allowed to address the Commission on the motion initial~y, whereupon each of the other Commissioners shall be allowed to address the Commission on the motion before the Board, with the mover/presentor being allowed to close the debate. Each ComJTl>issione shall address the Board on any matter in alphabetical order as is done on regular roll call except the mover/presentor shall have the right to address the Board initially and to close the debate on the matter under consideration, ' (b) As to the Chairman: The Chairman or such other member of the Commission as may be presiding may move, second, and debate from the chair, subject only to such limitations of debate as they are by these rules imposed upon all members and shall not be deprived of any of the rights and privile~es of a Commissioner by reason of his being the Presiding Officer. . (c) the Floor, 1m ro er References to be Avoided: Every member eSlring to spea or any purpose s all address the Presiding Officer, and upon recognition, shall confine himself to the question under debate, avoiding all personalities and indecorous language. ....., ~"-i l''-' -' " Adopted 12/19/78 Readopted 1/5/81 -()- /.....-..\ \ ..' . (d) Interruption: A mClilbcr, once rccoglli:ed, shall not be interrupted when speaking unless it be to call him to order or as herein otherwise provided.. If a member, while speaking, be called to order, he shall cease speaking until the question of order be determined by the presiding officer, and if in order, he shall be permitted to proceed. Any member may appeal to the Commission from the decision of the Chair- man upon a question of order when without debate the Chairman shaH: su.bmit to the Commission the questions, "Shall the . decision of the chair be sustained?" and the Commission shall decide by a majority vote. (e) Roll Call Vote: No member of any state, county, or municipal governmental board, commission, or agency who is present at any meeting of any such body at which an official decision, ruling,.or other official act is to be taken or adopted may abstain from voting in regard to any such decision, ruling, or act, ind a vote shall be recorded or counted for each such member present, except when, with respect to any such member; there is, or appears to be, a possible conflict of in- terest under the provisions of Florida Statutes Sections 112.311, 112.313, or 112.3143. In such cases said member shall comply with the disclosure requirements of Florida Statutes Section 112.3143. Sec. 1.13 Reading Minutes: Unless a reading of the minutes of a meeting is requested by a majority of the Commission, such minutes shall be con- sidered approved without reading; provided that the Clerk de- liver a. copy thereof to each member of the Commission and the County Attorney at least one full working day preceding the meeting. The minutes of prior meetings may be approved by a majority of the members present, and upon such approval shall become the official minutes. . Sec. 1.14 Votes by Roll Call: The vote upon every resolution or ordinance may be taken by roll call in alphabetical order except the Chairman shall' be the last member called, and the vote shall be entered upon the minutes. Resolutions and Ordinances shall be signed by the presiding officer at such meetings and by th~ Clerk before they are entered upon the minutes. Sec. 1.15 Decorum: !" Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred f.rom further audience before the Commission by the presiding officer, unless permission to continue or again address.the Commission be granted by the majority vote of the Commission. Adopted 12/19/78 Readopted 1/5/81 ~ _ 7_ , Sec. 1.16 Sergeant-at-Arms: ,--. , .~ "'.--. The County Sheriff, or his designated Deputy, shall be the seargent-at-arms at the Commission meetings and he will carry out all orders of the Chairman for purposes of maintain- ing order and decorum in accordance with these rules and Florida Statutes. Sec.' 1.17 Ordinances, Resolutions, Motions, Contracts and Other Documents: (a) Pre aration of Ordinances and Resolutions; The County Attorney, when requeste , shall prepare ordinances and resolutions, a copy of which shall be delivered to the County Administrator, whereupon the Administrator shall forthwith furnish a copy to each Commissioner. The original of the ordi- nance or resolution shall be filed with the Clerk of the Cir- cuit Court at the time said ordinance or resolution is submitted to the .Board for action. There shall be a public hearing on all ordinances other than emergency ordinances. . The procedures as set forth in the Florida Statutes for adoption of ordinances shall be followed. (b) Approval of Ordinances by CO~_-,\!torner: All ordinances, resolutions and contract documents before presenta- tion to the Commission shall have been reduced to writing and shall have been approved as to form and legality by the County Attorney. When so referred, the County Attorney shall affix his sighature on the document certifying to the legal suffi- ciency and shall append his recommendations as appropriate. (c) Introducing for Passage or i\pl'rova1-: Ordinances, resolutions and other matters and subjects requiring action by the Commission, must be introduced and sponsored by a member of the Commission, except that the Co'unty Attornev may present ordinances, resolutions and other matters or subjects to the Commission for consideration, and any Commissioner may assure sponsorship thereof by moving that such ordinance, resolutioh, matter or subject be adopted in accordance with law; otherwise they shall not be considered. Any Ordinance or Resolution prepared at the request of a Commissioner or. Department Director shall bear the name of that person on the document. When a Commissioner assumes sponsorship of an ordinance or resolution, he may countersign the same if he desires. Sec. 1.18 Adjournment: A motion to adjourn shall always be ln order decided without debate. Adopted 12/19/78 Readopted 1/5/81 - 8- Sec. 1.19 Clerk, Minutes, Correspondence: c' (a) The Clerk of the Circuit Court, or his designated Deputy, shall act as Clerk ex officio to the County Commission.. The Clerk shall prepare the minutes and attest to all resolu- tions and ordinances. (b) Correspondence of a general nature addressed to the Board shall be referred to the County Administrator without first filing with the Board. The receipt of all correspondence will be immediately acknowledged. Current files of such corre- spondence shall be maintained for the Commission's examination' and/or action. The County Administrator shall advi~e the Com- mission when action is required in response to any correspondence received. (c) The official minutes as prepared by the Clerk shall be as brief as pdssible and reflect only the very essential elements or actions. Those items specifically requested by the Boa'rd shall appear in the minutes in the manner as directed. (d) The Clerk shall be custodian of the County Seal, affixing the seal to documents as appropriate and attest to the signature of the presiding officer on all ordinances, resolu- tions, and other documents. n \...;,. r~ \' ." Adopted 12/19/78 Readopted 1/5/81 .