Resolution 237-2006
RESOLUTION NO. 237 -2006
A RESOLUTION OF THE MAYOR AND COUNTY
COMMISSION OF MONROE COUNTY SETTING FORTH
POLICY FOR TELECONFERENCING PUBLIC MEETINGS.
WHEREAS, Monroe County spans 120 miles, connected by bridges, resulting in the
board of county commissioners routinely holding regular, special and workshop meetings at
three locations within the county; and
WHEREAS, it is desired to use electronic communication to hold special and workshop
meetings in order to minimize the travel time and expense of staff and the public who wish to
participate, and to accommodate any commissioner who finds it impossible to otherwise be
physically present at the site of a meeting; and
WHEREAS, Mayor McCoy received an informal Attorney General Opinion (AGO)
dated 11/2912005, which corresponds with similar but formal AGO's 92-44,94-55,98-28,2002-
82, and 2003-41, opining on the permissibility of the use of electronic teleconferencing for
public meetings; and
WHEREAS, said oplmons set forth guidelines and interpretations of statutory
requirements for open public meetings;
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Monroe County, that:
1.
The following policy is hereby established for the teleconferencing of public
meetings under the jurisdiction of the Board of County Commissioners for Monroe
County, Florida, and shall be incorporated in the Administrative Procedures for the
Board of County Commissioners of Monroe County Revised April 16, 2003:
SectiOD 1.02(t) - TELECONFERENCING OF PUBLIC MEETINGS
(i) Public Participation - Meetings of the County Commission may be conducted using
an interactive video and telephone system to allow the public to participate in
meetings as speakers, provided the following conditions are met:
A. The public notice for the Commission meeting sets forth the locations at which
teleconferencing participation shall be conducted, and shall include a statement to
the following effect:
"Members of the Public wishing to participate in the HOCC meeting at any of the
locations specified in this notice are hereby notified that the County can not
guarantee that the teleconferencing equipment will function properly although
every reasonable effort will be made to enable the teleconferencing. Members of
the Public who deem it imperative that they participate should therefore consider
travel to the physical location of the meeting where a quorum of the County
Commissioners will conduct business;"
B. There shall be a County technician present at each teleconferencing site
throughout the meeting, as well as at least one clerical staff to accept speaker
cards and to report to the County Clerk those cards received on any agenda item;
C. The attendees at the teleconferencing site shall be subject to the same rules of
decorum and participation as any person attending the meeting, and may be
removed by a Sheriff's Deputy upon direction by the presiding officer; and
D. The teleconferencing of a meeting shall allow the commissioners and audience
present at the meeting site to hear and observe the speakers at the
teleconferencing site.
(ii) Participation by an Absent Commissioner - A Commissioner may, under
extraordinary circumstances, be able to participate by teleconference at a duly noticed
teleconferencing site in any regular, special, or workshop meeting of the County
Commission, provided the following conditions are met:
A. All of the requirements of a teleconferenced meeting as noted in sub-section (i)
above are met;
B. The absent Commissioner is able, via the teleconference technology, to see the
other members of the board and the audience at the meeting and the board and
audience could see the Commissioner;
C. The absent Commissioner is not included in the count for a quorum;
D. A quorum of the members ofthe County Commission is present at one public
meeting place; and
E. There must be a simple majority vote by the Commissioners present to allow the
absent commissioner to participate by teleconferencing, with only serious issues
such as health of self or family or being required to be absent to conduct other
County business being a sufficient reason to allow the teleconferencing. (i.e.,
Whether the absence of a member due to a scheduling conflict constitutes such a
circumstance is a determination that must be made in the good judgment of the
board. )
F. Any action taken by the commissioner would be presumptively valid until and
unless declared otherwise by a court of competent jurisdiction in an appropriate
legal proceeding.
(iii) Since each advisory board is required by ordinance or Robert's Rules of Order,
adopted by the BOCC unless superseded by a specifically passed rule, to have a quorum to take
formal action, advisory boards not otherwise governed by statute or ordinance shall abide by the
same rules, except that since most advisory boards are not regularly televised, the procedure
applies to telephone participation if the absent member is able to hear all the members present at
the meeting site and all such members are in turn able to hear the absent member.
Use of an electronic bulletin board to discuss matters that might foreseeably come before the
advisory board over an extended period of days or weeks, which does not provide adequate
notice to the public of anticipated communications and does not permit the public to participate
online, is presumed to violate section 286.011, Florida Statutes. Notice of such electronic
messaging discussions shall include the locations where such computers with internet access will
be located. For meetings where a quorum is necessary for action to be taken, physical presence
of the members making up the quorum is still required although internet access to such meetings,
may still be offered to provide greater public access.
2. This Resolution shall become effective upon the date of its adoption herein.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a meeting of said Board held on the twenty-first day of June, 2006.
Mayor McCoy
Mayor Pro Tern Spehar
Commissioner Neugent
Commissioner Patton
Commissioner Rice
YES
YES
YES
YES
YES
(Seal)
Attest: DANNY jKOLHAGE, Clerk
BG..~ !..~.~
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE C Y, FLORIDA
By:
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