Item P3BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 8/17/11 - KL
Bulk Item: Yes X No
Division: County AttomeX
Staff Contact: Suzanne Hutton. #3470
AGENDA ITEM WORDING:
Approval of a resolution amending the Administrative Procedures of the Board of County
Commissioners to provide clarification of Sounding Board rules.
ITEM BACKGROUND:
Section 1.03 (b) of the BOCC Administrative Procedures provides some parameters for Sounding
Board but there is currently no provision in the rules as to whether, and to what degree, the BOCC may
give direction to staff after the person requesting to be on the Sounding Board and any other members
of the public have spoken. Additionally, in the early 2000's, the BCOC voted to allow the County
Administrator some discretion in placing an item on Sounding Board but the absence of black letter rule
has led to interpretation of the existing rule to allow no discretion to deny placement on Sounding
Board. Following discussion by the Board at its 7/20/11 meeting, the Board directed staff to amend the
existing Administrative Procedures to clarify procedures and parameters for individuals seeking to
utilize the Sounding Board; providing for discretion by the County Administrator as to placement/denial
of placement on the Sounding Board; requiring the person requesting to be on the Sounding Board to
be the initial speaker at the Sounding Board; and clarifies that no action, which shall include direction
to staff, may be taken by the County Commission on an item on the Sounding Board agenda.
PREVIOUS RELEVANT BOCC ACTION:
7/20/11 BOCC direction to staff to amend BOCC Administrative Procedures for clarification
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: N/A
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: N/A SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County A OMB/Purchasing Risk Management
DOCUMENTATION: Included x Not Required
DISPOSITION: AGENDA ITEM #
Revised 2/05
RESOLUTION NO. -2011
A RESOLUTION OF THE MAYOR AND COUNTY
COMMISSION OF MONROE COUNTY AMENDING THE
BOARD OF COUNTY COMMISSIONERS ADMINISTRATIVE
PROCEDURES TO PROVIDE CLARIFICATION OF SOUNDING
BOARD RULES.
WHEREAS, the Board of County Commissioners (BOCC) Administrative
Procedures were last amended in October, 2010; and
WHEREAS, notwithstanding that Sounding Board is usually conducted with the person
requesting to be on Sounding Board speaking and no subsequent public or BOCC input; and
WHEREAS, Section 1.03(b), Board of County Commissioners _ Administrative
Procedures, provides some parameters for Sounding Board but there is no provision in the rule as
to whether, and to what degree, the BOCC may give direction to staff after the person requesting
to be on Sounding Board and any other members of the public have spoken on the matter; and
WHEREAS, it recently came to light that at a meeting of the BOCC in the early 2000's,
the BOCC voted to allow the County Administrator some discretion in placing an item on
Sounding Board, but absence of such authority in the black letter rule has led subsequent
administrators and attorneys to consider the existing rule to allow no discretion to deny
placement on Sounding Board; and
WHEREAS, it is desired to clarify these matters for ease of application of the rule; and
WHEREAS, ;
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Monroe County, that:
1. Section 1.03(b), Board of County Commissioners Administrative Procedures, shall
be revised as follows:
Section 1.03
b) Sounding Board: A separate section of the regular meeting agenda will be reserved
for Sounding Board. Individuals who wish to utilize Sounding Board must contact the County
Administrator's Office in writing in order to be scheduled on the agenda must specify the
subject matter of the presentation, and must submit the request prior to the deadline for the
revised agenda of the meeting for which the matter is to be scheduled The County
Administrator may decline to place any item on Sounding Board that he reasonably considers
improper for placement before the Board of County Commissioners Sounding Board umst shall
be scheduled for a time approximate for public convenience. The purpose of the Sounding
Board is to allow individuals to address the County Commission on a matter pertaining to
County government, excluding matters in litigation and complaints against specific personnel.
The person who requested to be on Sounding Board shall be the initial speaker en an itefa— and,
whether representing him or herself, or a Ron pref !n�organization, may address the County
Commission for a period up to ten minutes. Subsequent speakers who aFe speaking for-
thefaselves on the same item may speak for three minutes. A subsequent speaker- en the safne
item may address the Ceunty Ce i ---- - -- i beiWf ef anether- nenpr-efit efganization for- five
ffAnutes. Individuals who wish te utilize Sounding BeaFd faust eentaet the Geunty
AdministEater-'ser- tube-seheduled en the agenda, must speeify
s*eet matter ef the pr-esefAafiefi, and ffmst eemply with the agenda deadlines established in
See fi ,., 1. No action , which shall include direction to staff, may be taken by the County
Commission on an item on the Sounding Board agenda.
2. This Resolution shall become effective upon the date of its adoption herein.
3. The changes reflected in Item 1 above shall be incorporated in the Board of County
Commissioners Administrative Procedures
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a meeting of said Board held on the _ day of , 2011.
Mayor Heather Carruthers
Mayor Pro Tem David Rice
Commissioner Sylvia Murphy
Commissioner George Neugent
Commissioner Kim Wigington
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
LE
Mayor/Chairman
BOCC Admin Procedures Amendment -2-
November Mtg consistent w/terms