WORKSHOP APALACHICOLA CITY COMMISSION TUESDAY,MAY21,2024-6OPM FORMER APALACHICOLA MUNICIPALLIBRARY 74 6TH STREET, APALACHICOLA, FLORIDA 32320 Agenda You are welcome to comment on any matter under consideration by the Apalachicola City Commission when recognized to do SO by the Mayor. Once recognized please rise to thej podium, state your name for the record and adhere to the three minute time limit for public comment. Comments may also be sent by email to the City Manager or to Commissioners. I. Call to Order Invocation Pledge of Allegiance II. Public Comment III. Rules of Procedure Workshop VI. Adjournment Any person who desires to appeal any decision at this meeting will need a record oft the proceeding and for this purpose, may need to ensure that a verbatim record ofthe proceeding is made which includes testimony and evidence upon which the: appeal is based. Persons with disabilities needing assistance to participatei in any ofthese proceedings: should contact theCity Clerk's Office481 hours in advance of the meeting. RULES OF PROCEDURE WORKSHOP Suggestions by Mayor Ash: 1. RULE2F REGULAR MEETINGS: Change meeting time from 6pm to 4pm 2. RULE: 26 PREPARATION OF AGENDAS: place items on the Agenda after the above deadline. (d) The City Manager or any Commission member may, only in the event of an emergency, (f) Agendas and all necessary background materials will be delivered to the members no later than 5:00 p.m. on the Friday before the next meeting via notification by electronic mail. Ini the event of an emergency an item must be placed on the Agenda after it has gone to the City Commission, a Supplemental Agenda willl bei issued no less than 24 hours prior to all meetings. 3. RULE27 AGENDAS - ORDER OF BUSINESS: No meeting shall be permitted to continue beyond 8:0010:00 p.m. without the approval ofa majority of the City Commission. A new time limit must be established before taking a City Commission vote to extend the meeting. In the event that a meeting has not been closed or continued by City Commission vote prior to 8:00 10:00 p.m., the items not acted on are tol be continued to 9:00 8:30-a.m. on the following day, unless state law requires hearing at a different time or unless the City Commission, by majority vote of members present, determines otherwise. Suggestions by Commissioner George: 4. RULE2 REGULAR MEETINGS: Commissioner George disagrees with changing the meeting time from 6pm to 4pm 5. RULE 10 CITY CLERK: Item 10(b) should be updated to include reflect the new deadlines (see Rule 26(f). 6. RULE 14 ORDINANCES: Is clarification necessarytod determine when workshops are required? 7. RULE 26 PREPARATION OF AGENDAS: Rule 26(a) is not consistent with the order of the agendas in practice. Should the rule be revised or our agendas made to comply? 8. RULE2 27AGENDAS-ORDER OF BUSINESS: Same comment as for Rule 26(a). Commissioner George disagrees with change in pubic comment time from 5 minutes to 3minutes in Rule 27(g) 9. RULE 28 BOARDS, COMMITTEES, AND MEETINGS: Commissioner George disagrees with all changes except: a. change made to meeting location b. making residencyr requirement consistent with City Charter RULES OF PROCEDURE FOR THE CITY COMMISSION OF THE CITY OF APALACHICOLA EFFECTIVE JUNE 4, 2019 The City of Apalachicola Charter allows the City Council to adopt procedural guidelines for City Council meetings to the extent they do not conflict with local or state law. The following Rules of Procedure will provide more detailed guidelines for the conduct of efficient and orderly meetings. Robert's Rules of Order will: serve as a guide for parliamentary procedures in the conduct of all City Commission meetings. Any exceptions noted in these rules or by Resolution of the Commission shall take precedence. A violation of parlamentary procedure shall not call into question the validity of any decision or action of the Commission so long as the requirements of State law and the City Charter have been met andi the intent of the Commission is clear from the minutes of the proceedings. PARLIAMENTARY PROCEDURE RULES OF CIVILITY The City of Apalachicola encourages citizen participation ini the democratic process and recognizes and protects the right of freedom of speech afforded toall. As the City Commission conducts the business of the City, rules of civility shall apply. City Commission members, City officials, and members of the public are to respectfully communicate according to the City Commission's Rules of Procedure. Persons shall speak only when recognized by the Presiding Officer and, at that time, refrain from engaging in personal attacks or derogatory or offensive language. Comments from citizens being made at at time other than during the period titled "Public Comments" should be focused on the issue at hand. Outbursts will not be tolerated and those who do not conduct themselves in a respectful and lawful manner shall be subject to removal as outlined in the City Commission's Rules of Procedure. It shall bei the responsibility of each individual to demonstrate civility. PREFACE The City of Apalachicola conducts municipal government, performs municipal functions, and renders municipal services and exercises any power for municipal purposes according toi the City Charter, except as otherwise provided for by law. Any conflict or need for clarification arising out of the following Rules of Procedure shall be resolved, where applicable, by provisions of the City Charter which shall prevail, except as otherwise provided for by law. Any Amendments to the City Charter which may require revisions to the Rules of Procedure shall be administratively prepared by the City These Rules of Procedure are adopted by the City Commission to guide the City Commission through its primary operations and functions. They are designed to provide the: structure needed to conduct City business while also maintaining the flexibility needed to efficiently and effectively carry out the The Government in the Sunshine Act, also known as the Sunshine Law, provides a right of access to governmental. proceedings of public boards or commissions at both the state and local levels. The law is equally applicable to elected and appointed boards, and applies to any gathering of two or more Clerk and adopted by the City Commission. public business as circumstances may dictate. members of the same board to discuss some matter which willi foreseeably come before that board for action. Members-electi to such boards or commissions are also subject tot the Sunshine Law, even though they have not yet taken office. There are three basic requirements of S. 286.011, F.S.: (1) meetings of public boards or commissions must be open to the public; (2) reasonable notice of such meetings must be given; and (3) minutes of the meetings must be taken and promptly recorded. All City Commission meetings shall be held in the COPAWRyCentet,1-Bay-Avenue 74 6th Street, Apalachicola, Florida, unless advertised otherwise, and shall be open to the public. In case of emergency, the Mayor may designate an appropriate meeting place for a meeting open to the public. Robert's Rules of Order, as revised, sO long as they do not conflict with Ordinances, Statutes, these Rules, or the Apalachicola Charter, shall be used as a guide in conducting City Commission meetings. As noted in City Charter Section 17, the City Commission shall hold regular meetings on the first Tuesday after the first Monday of each month commencing at 6:00 4:00 p.m. From time to time, regular meetings may be adjusted by Resolution of the City Commission to accommodate al holiday schedule. Meetings shall also be rescheduled to accommodate Elections as scheduled by the Franklin County Supervisor of Elections. The news media shall be notified and appropriate notice shall be RULE1 MEETINGS RULE2 REGULAR MEETINGS posted at City Hall and on the City's website. RULE3 SPECIAL MEETINGS The Mayor, ori in the Mayor's absence, the Mayor Pro-Tem, two (2) or more Commission members, or the City Manager, may call or schedule a Special Meeting of the City Commission. A minimum of forty eight (48) hours' notice shall be given to all City Commission members for all Special City Commission Meetings. Notice of the call of such Special Meetings shall be by majority agreement of the City Commission, or in writing, signed by the party or parties making the call, and shall be: served on every member, either by notifying the member in person, by telephone, electronic media, or by leavinga copy of said notice at the member's legal residence. The news media, the City Attorney, the City Clerk, the City Manager, and affected Department Heads shall also be notified. The notice shall state the business to be transacted at such meeting and no other business than that sO specified. shall be transacted. Only matters on the agenda or matters of an emergency nature may be acted upon by the Commission. Justification of emergency action shall be noted int the minutes oft the meeting. Notice shall be posted at City Hall. RULE4 EMERGENCY MEETINGS The Mayor, ori int the Mayor's absence, the Mayor Pro-Tem, two (2) or more Commission members, or the City Manager, may call an Emergency Meeting of the City Council upon not less than six (6) hours' notice to every City Commission member. Notice of the call ofs such Emergency Meetings shall be in writing, signed by the party or parties making the call, and shall be served on every member, either by notifying the member in person, by telephone, electronic media, or by leaving a copy of said notice at the member's legal residence. The news media, the City Attorney, the City Clerk, the City Manager, and affected Department Heads shall also be notified. The notice shall state the business to be transacted at such meeting and no other business than that so specified shall bei transacted. Notice shall be posted at City Hall. Ift there is no longer a need for an Emergency Meeting, the entity that called the meeting is authorized to cancel such meeting. RULE5 WORKSHOPS Aw workshop may be called orally or in writing by the Mayor, any two (2) or more City Commission members, or the City Manager. The City Commission can initiate workshops, also known as Special Meetings, that are public meetings toi improve communication, to gain information, or to create a stronger working relationship among the elected officials of the general city government. Public attendance is encouraged. AI minimum of forty-eight (48) hours' notice shall be given for all Workshops and shall be posted at City Hall. RULE6 QUORUM AND ATTENDANCE (a) AQuorum of the City Commission fori the transaction of any business shall consist of three (3) members, but al lesser number may adjourn from time to time until a quorum is present. Once ac quorum has been established, a majority of the City Commission present at the meeting shall be required to carry a motion, unless, by Statute, Ordinance, or other regulation, an extraordinary majority (4/5ths) of the City Commission is required for approval. Absence from four consecutive regular meetings of the Commission shall operate to vacate the seat ofa member, unless such absence is excused by the Commission by Resolution. As stated in City Charter Section 20, "The affirmative vote of three members shall be necessary to adopt any ordinance or resolution, and the passage of all ordinances and resolutions shall be taken by the (b) City Commission members may participate at all regular, special, or emergency meetings of the City Commission by use of electronic media int those instances where the member is temporarily deployed, reassigned, activated, or transferred by any branch of the United States Military or the Florida National Guard for a period of longer than thirty (30) days. In addition, this policy shall cover. any other situation resulting in the absence of the member due to illness, medical related issues of anon-incapacitation nature, or extraordinary circumstances related to their job or family emergencies causing them to be physically unable to attend a meeting. Inall instances, participation by electronic media will only be allowed ifa a quorum is physically (c) In addition to the City Commission members, City officials whose regular attendance shall be required at meetings of the City Commission are the: City Attorney, City Clerk, City Manager, or their designees, and City Department Directors as charged by the City Manager. The Chief of Police, or their representative, shall be present to provide security and assistance in "yeas" and "nays" and entered upon the journal." present at the site where the meeting is actually being held. maintaining order. RULE7 NEW COUNCIL MEMBERS The term of City Commission members elected to office shall commence on the first Tuesday following thei first Monday in October following the general election. A: swearing-in ceremony for the new City Commission members will be coordinated by the City Clerk. The City Clerk in conjunction with the City Manager will provide orientation materials. RULE8 ELECTION OF MAYOR PRO-TEM (a) The election of Mayor Pro-Tem pursuant to Section 16 oft the Charter shall occur at the first regular meeting following each regular municipal election at which newly elected Commissioners assume their duties of office. (b) In case of the absence or temporary disability of the Mayor, the Mayor Pro-Tem serves as the Presiding Officer during the absence. In case of the absence or temporary disability of the Mayor and Mayor Pro-Tem, an Acting Chair, elected from members of the City Council, serves during the continuance of the absences or disabilities. RULE9 PRESIDING OFFICER (a) The Mayor, or int the Mayor's absence the Mayor Pro-Tem shall preside over all meetings of the Commission. In the absence of the Mayor and Mayor Pro-Tem, at thel hour fixed for any meeting, the City Manager shall call the City Council to order, whereupon a temporary Chair shall be elected by the members present. Upon arrival of the Mayor and' Vice-Mayor, the temporary Chair shall relinquish the chair upon conclusion of the business immediately before (b) The Presiding Officer shall be responsible for enforcing the Rules of Procedure and conducting meetings in a manner which preserves order and decorum, prevents attacks on personalities or the impugning of members' motives, and confine debate or comments to the question under discussion. The Mayor shall endeavor to conduct meetings in a fashion that draws balance between the informality and congeniality possible in a small community while also maintaining the decorum and formality necessary to conduct business in an orderly fashion. (c) The Presiding Officer shall take the Chair at the hour fixed for the meeting and call the members to order. The Presiding Officer shall state every question given before the Commission. The City Clerk will record the vote on all matters in which the recording of yeas and nays is required by law or with respect to which any member requests such recording. The Presiding Officer or City Clerk will announce the decision of the City Commission on all subjects and the Presiding Officer will decide on questions of order. Any member may appeal from the decision of the Presiding Officer, in which event a majority vote of the members present shall govern and conclusively determine the ruling appealed. No other business, except a motion to adjourn or tol lay on the table, shall be in order until the question on appeal has been decided. (d) The Presiding Officer shall remain objective, consistent with Robert's Rules of Order. According to Robert's "Rule Against Chair's Participation in Debate," the Presiding Officer has, as an individual, the same rights in debate as any other member; but the impartiality required of the Chair in an assembly precludes exercising these rights while presiding. On certain occasions, the Presiding Officer may believe that a crucial factor relating to such a question has been overlooked and that their obligation as a member to call attention to the point outweighs their duty to preside at that time. If the Presiding Officer wishes to place a motion, the gavel must be the Commission. relinquished. Based upon these Rules of Procedure, the gavel willl be relinquished in the following order: 1. Mayor Pro-Tem; 3. City Clerk/City Manager. 2. Other City Commission members based on seniority of tenure; The "Rule Against Chair's Participation in Debate" further states that the Presiding Officer who relinquished the chair shall not return to it until the pending main question has been disposed of, since they have shown themselves, to be partisan as far as that particular matter is concerned. Unless a Presiding Officer is extremely sparing in leaving the chair to take part in debate, they may destroy members' confidence int the impartiality of their approach to the task Once a motion has been made and second received, the Presiding Officer shall hear comments from the other City Commission members. Following comments from the other City Commission members, the Presiding Officer shall be permitted to provide their input on the (e) The Presiding Officer may declare the meeting adjourned at any time ini the event of an of presiding. motion. emergency affecting the safety of those present. RULE 10 CITY CLERK (a) The City Clerk, or Deputy Clerk, serves as parliamentarian, and advises the Presiding Officer as to correct rules of procedure or questions of specificrule application. The City Clerk calls to the attention of the Presiding Officer any error int the proceedings that may affect the substantive (b) It shall bei the duty of the City Clerk of the City Commission, in addition to other duties prescribed by law, to keep and preserve correct minutes of the proceedings of the City Commission. The minutes shall be a public record. Proposed substantive additions or corrections to proposed minutes, other than: spelling and grammatical corrections, shall be furnished in writing to the City Clerk not less than twelve (12) hours prior to the meeting at which approval action is scheduled. The record of every meeting when approved and entered int the minutes shall be signed by the Presiding Officer at such meeting and attested by the City Clerk. The City Clerk shall prepare an Agenda for each regular meeting of the City Commission ini the order of business and furnish a copy thereof to each member, the City Attorney, and the City Manager at least seventy-two (72) hours in advance of said meeting. All official meetings of the Commission shall be recorded on an automatic recording device by tape, record, or other device and permanently preserved int the official records of the City or until their destruction as (c) Requests for copies of public records regarding a meeting of the City Commission shall be made through the Office of the City Clerk. The cost shall be in accordance with State law. rights of any City Commission member or may otherwise do harm. specifically authorized by the State or City Commission. RULE11 RULES OF DEBATE (a) The Presiding Officer may move, second, and debate subject only to such limitation of debate as are enforced by these standing rules on all members and shall not be deprived of any of the (b) When a member desires to speak in debate on a subject open to debate, the member must address the Presiding Officer. When recognized by the Presiding Officer, the member may speak only on maters germane to the business or questions under debate. (c) AI member, once recognized, shall not be interrupted while speaking unless the member is called to order for transgressing any rule of the City Commission or failing to maintain proper decorum. Ifa member is called to order while speaking, the member shall cease speaking until (d) After the decision on any question, it shall bei in order only for a member voting on the prevailing side to move for reconsideration at the same meeting, but such motion may be seconded by the member. Ifa a motion to reconsider is lost, it shall not be renewed again at the same meeting. A motion to reconsider may be laid on the table or postponed indefinitely, and the effect of such action in either case shall be to defeat the motion to reconsider and to rights and privileges as a member. the questions of order is determined by the Presiding Officer. prevent further consideration thereof. RULE12 CONDUCT AND RESPONSIBILITY OF MEMBER (a) Any member who is unable to attend a City Commission or other meeting due to sickness or for ac duly authorized reason shall notify the City Clerk, who shall notify the Presiding Officer before (b) No member present at any meeting of the City Commission shall leave the meeting without (c) While the City Commission is in session, the members shall preserve order and decorum. A member shall neither by conversation or otherwise delay or interrupt the proceedings or the peace of the City Commission, or disturb any member while speaking, or refuse to obey the (d) No member shall speak on any question, discuss any matter, interrupt another, or make a motion without first addressing the Presiding Officer and obtaining recognition. (e) No member shall be allowed to vote on any motion or measure, or gain the privilege of the (f) Every member, in speaking on any matter, shall be confined to the question, shall not use the meeting. permission from the Presiding Officer. Rules of Procedure of the City Commission or the Presiding Officer. floor, unless the member is at their designated seat. unbecoming or abusive language, and shall avoid personalities. (g) No member shall be permitted to explain his or her vote during a vote but may do SO during (h) Every member who is present when a question is put, unless excluded by a conflict of interest, (i) Every member shall observe the Code of Ethics as set forth int the laws of the State of Florida and as required by the Charter or Ordinances of the City. Disclosure to the City Commission ofa a private interest, as required by the State law on ethics, shall be accomplished ini the form as () No member shall direct the City Manager to forward to another political subdivision or government agency communications on matters under consideration by the City Commission or itso committees except where there is clear understanding of approval by the City Commission ori in response to routine matters in consonance with the previous actions oft the City Commission. Nothing precludes a member from initiating correspondence on City stationary over their own signature indicating the City Commission seat they currently hold. Nothing in this Rule is to be construed to limit or restrict the Mayor acting in his or her official capacity from coordinating with the City Manager in answering or responding to correspondence or (k) Exp parte Communications: - Oral or written communications (sometimes referred to as lobbying or information gathering) between a Commission Member and others, including staff, where there is a substantive discussion regarding a quasi-judicial decision by the City Commission. The exchanges must be disclosed by the City Commission member sO the public may respond to discussion and prior to the result of the vote being announced. shall vote in the affirmative or negative. prescribed by the Commission of Ethics, State of Florida. communications relative to the business of the City. such comments before a vote is taken. CONFLICT OF INTEREST RULE13 No City Commission member shall vote ini their official capacity on a matter which would inure to their special private gain or loss, or which the City Commission member knows would inure to the special gain or loss of any principal by whom they are retained, of the parent organization or subsidiary ofa a corporate principal by which they are retained, or a relative or of a business associate. The City Commission member in conflict shall announce such conflict before any discussion commences. They may participate int the discussion but may not vote. Within 15 days of following that City Commission meeting, they shall file with the City Clerk a Form 8B which describes the nature of their interest in the matter. The Form 8B shall be received by the City Clerk andi incorporated into the minutes of the meeting. RULE14 ORDINANCES An enacted Ordinance is al legislative act that prescribes general, uniform, and permanent rules of conduct relating to the corporate affairs of the City. City Commission action shall be taken by Ordinance when required by law, or to prescribe permanent rules of conduct which continue in force until repealed, or where such conduct is enforced by penalty. All Ordinances shall be introduced in writing and scheduled for public hearing after advertisement. (a) Any non-emergency Ordinances, with the exception of zoning Ordinances, shall be initiated by either a member of the City Commission, the City Attorney, or the City Manager. Each Ordinance shall be introduced in writing and shall embrace one (1) subject and matters properly connected therewith. The subject shall be clearly stated in the title. No Ordinance shall be revised or amended by reference to its titie only. Ordinances to revise or amend shall set out int full the revised or amended act, section, or subsection or paragraph of a section or subsection. Rezoning Ordinances shall be scheduled ont the City Commission Agenda following the required publicl hearing(s) before the Planning and Zoning Board and once scheduled, the same procedure: as outlined shall be followed unless State law provides otherwise. (b) Any Ordinance or Resolution prepared for consideration by the City Commission shall be reviewed by the City Attorney prior toi introduction to the City Commission. Upon request by the Presiding Officer or any member, the City Attorney shall render an opinion to the City Commission concerning the legality of any Ordinance or Resolution pending before it. Every Ordinance and Resolution which amends prior Ordinances or Resolutions shall indicate words being deleted by strike-through and shall include underlining of words being added to existing (c) Ina acting upon Ordinances, the Ordinance shall bei introduced on first reading as to form only. The City Clerk: shall then cause the Ordinance to be published in a newspaper of general circulation in the City, at least ten (10) days before the second reading, a notice of proposed enactment pursuant to and incompliance with Chapter 166, Florida Statutes. Prior to adoption, on second and final reading, a public hearing shall be held to enable citizens to comment on the proposed Ordinance. On second and final reading, an affirmative vote of the majority of the members present shall be necessary fori the passage or adoption of the Ordinance. (d) The Council may, by two-thirds (2/3) vote ofi its membership, declare an Ordinance to be an emergency measure and pass such Ordinance without regard to any reading as required by the City Charter. Every emergency Ordinance, except emergency appropriations, shall automatically stand repealed as of the sixty-first (61st) day following the date on which it was adopted, but this shall not prevent reenactment of the Ordinance under regular procedures, or if the emergency still exists, in the manner specified ini the City Charter. An emergency Ordinance may also be repealed by adoption of a repealing Ordinance in the same manner specified in the (e) Whenever any Ordinance or Resolution has been introduced for the consideration of the City Commission, and the measure failed to be adopted or passed, such measure, unless substantially changed, shall not be introduced again until the lapse of at least three (3) months from the date oft the City Commission meeting at which it failed adoption or passage. (f) Ifa Motion to pass an Ordinance fails, the Ordinance shall be considered lost. provisions. Charter for adoption of emergency Ordinances. (g) Upon final passage, every Ordinance and Resolution shall be signed by the Presiding Officer of the Commission, attested by the City Clerk and approved as to form by the City Attorney. RULE15 RESOLUTIONS Generally, an enacted Resolution is an internal legislative act that is a formal statement of policy concerning matters of special or temporary character. City Commission action shall be taken by Resolution when required by law and int those instances where an expression of policy more formal than a motion is desired. All Resolutions shall be reduced to writing. A Resolution may be putt to its final passage on the same day on whichi iti is introduced. RULE16 MOTIONS An enacted Motioni is ai form of action taken by the City Commission to direct that a specific action be taken on behalf oft the City. A Motion, once approved and entered into the record, is the equivalent of af Resolution int those instances where a Resolution is not required by law. All motions shall be made and seconded before debate. (a) A motion is to be worded in a concise, unambiguous, and complete form. (b) No speech is to be made in reference to a motion when iti is introduced. There will be no debate until a motion has been seconded and, if requested by a City Commission member, the (c) When the question has been stated, it is before the City Commission and mover is entitled to (d) The order of procedure of motions shall be in accordance with Robert's Rules of Order. question stated by the Presiding Officer or the City Clerk. the floor. RULE17 WITHDRAWAL OF MOTIONS Any motion before the Commission may be withdrawn at any time prior to a vote being taken thereon by the Commissioner making such motion, upon agreement by the Commissioner seconding said motion to withdraw the second. RULE18 AMENDING OF MOTIONS At any time during discussion of a motion on the floor, a motion to amend said motion may be made. Ift the amending motion is seconded, the Commission shall at the conclusion of discussion, first vote on the amending motion and then upon the original motion in its amended form. An amending motion may be withdrawn in the same manner as set forth in Rule 17. RULE19 RECONSIDERATION Ar motion to reconsider shall be allowed at any time during a meeting, except when a motion on some other subject is pending. No motion to reconsider shall be made more than once on any subject at the (a) At the same meeting during which an action was taken, provided that the motion to reconsider isn made by a City Commission member of the prevailing side of the original motion. same meeting. A motion to reconsider may be made: (b) Ata a subsequent meeting by any Commissioner. Upon passage of a motion to reconsider, no substantive action on the matter may bei taken at that meeting so that the public cand media may be on notice of the matter to be reconsidered. The subject matter shall be scheduled at the next regular City Commission meeting for any action the City Commission deems advisable. RULE 20 RESCINDING ACTION PREVIOUSLY TAKEN City Commission action may be rescinded by a four-fifths (4/5) vote. The motion may be made by any City Commission member after a motion to reconsider has been adopted by a majority vote. By permission oft the Presiding Officer, the privilege of the floor shall be extended to a citizen or citizens to address the Commission on any matter pending before it or which needs the attention of the City Commission. At public hearings required by law or fixed by the City Commission, the Presiding Officer shall extend the floor to a reasonable number of proponents or opponents of the subject matter of the public hearing, and those filing written requests to be heard with the City Clerk shall be heard prior to other persons who appear at the hearing. Each person addressing the City Commission shall proceed to the place assigned for speaking, give his or her name and address in an audible tone of voice fori the record and limit his or her address to three (3) minutes, unless a lesser time is fixed for all speakers by the Presiding Officer or further time is granted by the City Commission. The person may speak only tor matters germane to City business or to questions under discussion. All remarks shall be addressed tot the City Commission as al body and not to any member thereof. All questions of RULE21 PRIVILEGE OF THE FLOOR members shall be directed through the Presiding Officer. RULE 22 PARLIAMENTARY AUTHORITY Robert's Rules of Order, so far as they are applicable or not in conflict with these standing rules, the Ordinances, or the Charter of the City, shall govern the proceedings of the City Commission. RULE23 SUSPENSION OF STANDING RULES Any standing rule contained herein may be temporarily suspended for special reasons by a vote of four-fifths (4/5) of all City Commission members unless such suspension would conflict with provisions of the Ordinances or the Charter of the City. RULE24 EFFECTS OF RULES No Ordinance, Resolution or action duly passed, adopted or taken by the City Commission shall be held tol bei invalid because of failure of the City Commission to comply with or abide by any one or more of the provisions of these standing rules if such Ordinance, Resolution or action would otherwise be valid under the Charter or Ordinances of the City or laws of this State but for such provisions of these standing rules alleged to have been violated or ignored. RULE 25 INFORMAL CONSIDERATION OF MATTERS When, int the judgment of the Presiding Officer, it becomes necessary to give detailed consideration to ar matter under conditions of freedom, approximating those of a Committee, the Presiding Officer may entertain a motion for the City Commission to consider the matter informally. When such a motion is made and properly seconded, the effect is to suspend the standing rule limiting the number of times a member can speak and inquire into matters of fact on the main questions and any amendments, except that the member may not inquire a second time into questions ofi fact until other members While considering a question informally, the Council may, by four-fifths (4/5) vote, limit the number or length of speeches or in any other way limit or close discussion. Proceedings of the City Commission under informal consideration are recorded ini the minutes of the meeting. just as they would be ift the considerations were under formal standing rules. Informal consideration ceases automatically as soon as the main question is disposed of. Informal consideration of a matter may also be ended before the main question is disposed of by a majority vote of the City Commission on a motion "that the regular Under the informal standing rules, members may obtain the floor after being recognized by the have had an opportunity to dos SO. standing Rules of Procedure be enforced." Presiding Officer. RULE2 26 PREPARATION OF AGENDAS The City Manager and City Clerk are responsible fori the preparation of the Agenda. The Mayor or any City Commission member may place an item on the Agenda. The City Attorney, City Clerk, and City As general practice, all supporting documentation and Board Request Form must be provided tot the (a) The agenda will be in five (5) parts: Awards, Recognitions and Presentations; Reports and (b) Deadline for items to be placed on the Agenda is no later than 12:00 noon on the Tuesday (c) Content of items on the Consent Agenda shall be limited to routine items that do not need discussion, which may include but are not limited to such items as the Minutes, Resolutions, payment requests, and reports from committees, etc. During the reading of the Consent Manager may also place an item on the Agenda. City Manager for review or the item(s) may not be included on the Agenda. Communications; Public Hearings; Consent; and Business. before the next-meeting distribution oft the Agenda. Agenda, any member may pull an item for separate discussion. (d) The City Manager or any Commission member may, in the event of an emergency, place items (e) Commission members are encouraged to present their reports as Agenda items in order to provide the public and other Commission members prior notification of the report's subject (f) Agendas and all necessary background materials willl be delivered to the members no later than 5:00 p.m. on the Friday prior to the Friday before the next meeting (eleven days prior to the meeting date) via notification by electronic mail. Ini the event an item must be placed on the Agenda after it has gone to the City Commission, a Supplemental Agenda will bei issued no less ont the Agenda after the above deadline. matter. than 24 hours prior to all meetings. (g) A request from a citizen to be placed ont the Agenda shall be received in writing on the Board Request Form provided by the City Clerk nol later than the close of business on the Monday of the week preceding the ReME-eEHAFCHyCOmmisionmeeting distribution of the Agenda and include information and/or back-up documentation on the subject they want to discuss. Ifa citizen does not present an appropriate topic or information in writing, the citizen will not be placed on the Agenda but will bei told that he or she can speak at the beginning of the City Commission meeting under Public Comment or have their Agenda item rescheduled to ai future (h) Citizens who wish to address the City Commission on an item on the agenda shall complete a Speaker Card and give it tot the City Clerk before the meeting starts. All persons, other than members of the City Commission or Staff, addressing the City Commission shall step up to the microphone and state his or her name and address prior to making his or her statements. The Mayor shall have the authority to waive such requirement int the event of apparent physical (1) The Agenda, as well as any supporting documentation that are part of the Agenda, shall be available for review online on the City's website, or in the Office of the City Clerk. meeting. disability of the speaker. RULE2 27 AGENDAS- - ORDER OF BUSINESS The business of all regular meetings of the City Commission shall be transacted as follows; provided, however, that the Presiding Officer may, by simple majority voice vote or consensus of the City Commission, re-arrange items on the Agenda to more expeditiously conduct the business before the City Commission: (a) Invocation & Pledge of Allegiance to the Flag The City Council may maintain a clergy or layperson rotational roster, which may be used to rotate among the local clergy orl laypersons the presentation of the invocation at the regular or special meetings. The Presiding Officer shall lead the Pledge or delegate to another party. (b) Agenda Adoption (c) Awards, Recognitions and Presentations Items under this section include Special Award Presentations, Proclamations, scheduled citizen or group presentations, and recognitions. Proclamations, Special Awards, and Letters of Honor shall be requested and processed through the Office of the City and shall be submitted on a form provided by the City Clerk. (d) City Council Reports and/or Correspondence comments or discuss any items of concern. During this section, each City Commission member will have the opportunity to make (e) City Manager and City Attorney Reports and/or Correspondence During this section, the City Manager and City Attorney will have the opportunity to make comments, provide updates, or discuss any items of concern. (f) Public Hearings Public hearings shall be scheduled at regular meetings of the month unless otherwise determined by the City Commission or State Statute. The procedures followed for public hearings are generally as follows: (1) The City Manager, or their designee, should describe the Agenda item to be considered and provide the Staff recommendation. The Presiding Officer should then inquire as to whether any City Commission members have questions for the administration. After the City Commissioner's questions are answered, the Presiding Officer opens the public hearing and requests comments from the public. Generally, the petitioner or proponent for the issues in the Public Hearing is invited (2) Following public comment (if any), the Presiding Officer closes the Public Hearing. Discussion and consideration of the matter will follow under "Unfinished Business" toa address the City Commission first. where a City Commission member may put forth a motion. (g) Public Comment The City Commission recognizes the importance of protecting the rights ofi its citizens and taxpayers to express their opinions on the operation of City government and encourages citizen participation in the local government process. The City Commission also recognizes the necessity for conducting orderly and efficient meetings in order to complete City business ina The purpose of the public comment portion of the meeting is to receive citizen input pertaining tor matters over which the City Commission has jurisdiction or control. This period of time is for comments and not for questions directed to the City Commission or Staff for immediate answer orf for debate. Questions directed to the City Commission may be referred to Staff to be answered within a reasonable period of time following the date of the meeting. The City Commission shall noti take final action at the same meeting on items addressed under this section. Final action can only be taken if the City Commission waives its Rules of Procedures. The City Commission can direct Staff to place any item requiring final action on an upcoming City Commission Meeting or Workshop. The exceptions are items of an emergency nature sO No citizen shall speak until duly recognized by the Presiding Officer, and they shall immediately cease speaking and relinquish the podium when requested by the Presiding Officer. After being timely and proper manner. declared. recognized, the citizen shall: (a) Step upi to the podium and give their name and address; member thereof, except through the Presiding Officer. (b) State the topic or position (for/against) of the item under discussion; and (c) Address all remarks and questions to the City Commission as al body, and nota a Five(5) Three (3) minutes shall be allotted to each citizen who wishes to speak at this time, unless more time is granted by the Presiding Officer or City Commission. Acitizen cannot yield NOTE: Citizens are encouraged to call the appropriate City department during regular business hours. Ifyou have contacted the department and for some reason results were not satisfactory, please call the director of the department or the City Manager's office. Employees of the City may address the City Commission on matters of public concern. Employee comments that address an active grevance/arbtration, employee appeal matter (all of which are covered int the Personnel Policies and Procedures Manual) or a personnel dispute will not be entertained as part of citizen comments. Employees will be advised of the appropriate forum and process for presenting or discussing such matters. time to another citizen. (h) Consent Agenda The Presiding Officer shall inquire if any City Commission member wishes to withdraw any items from the Consent Agenda. If any item is withdrawn by any member of the City Commission, the Presiding Officer addresses those item(s) individually following the vote on the motion to approve the other Consent Agenda items. (i) Council Business Items int this section are reports or requests presented by the City Attorney, City Clerk, City Commission member, City Manager, or Staff for City Commission consideration. () Adjournment No meeting shall be permitted to continue beyond 10:00 p.m. without the approval ofa majority of the City Commission. A new time limit must be established before taking a City Commission vote to extend the meeting. In the event that a meeting has not been closed or continued by City Commission vote prior to 10:00 p.m., the items not acted on are to be continued to 8:30 a.m. on the following day, unless state law requires hearing at a different time or unless the City Commission, by majority vote of members present, determines otherwise. RULE28 BOARDS, COMMITTEES, AND MEETINGS The City Commission may form ad hoc or special committees from time to time. Citizen advisory boards and committees may be created and dissolved by Resolution, Ordinance, or other act adopted by the City Commission. All members shall serve at the pleasure of the City Commission. The mission of advisory boards and committees shall bet to examine various policy issues referred by the City Commission, staff, or as determined int the work plan. Committees shall provide guidance to the City Commission in the development of policy recommendations at the request of the City Commission, City Attorney, or City Manager. Comittees-sha-notattemptte-manage-the dministrative-eperaltenseFtheci Committees have no administrative; fiscal, or enforcement authority the Ceommittee members are prohibited from WinotbeinvelvedA directing staff. (a) The City Manager/City Clerk's office shall furnish the Chair of each advisory board or committee copies of all Resolutions or Ordinances that pertain to that committee. Such information shall be delivered tot the committee Chair within one (1) week after adoption by (b) Appointment to citizen advisory boards/committees shall be by roll call vote during a regular City Commission meeting. PFOFiEy-mustbegvente-appleants-rom-the Board/Committee members must be residents of the City of Apalachicola. the City Commission, or as soon thereafter as possible. (c) All citizen advisory boards/committees or other bodies shall meet at the Cemwniy-Center, 1-Bay-Avenue 74 6th Street, Apalachicola, Florida or other public buildings within the City after required public notice is given. Generally, committee meetings should be scheduled on days other than days of the City Commission meetings. The news media shall be notified and appropriate notice shall be posted at City Hall. All meetings shall comply with state law regarding public meetings. (d) Committee Chairs and Committee Vice-Chairs shall be elected by the membership and both shall serve for a term of one (1) year or for a different term as the City Commission may decide. No member shall serve more: than two consecutive terms as Chair. Committee members shall be approved by the City Commission and may not serve on more than one committee unless service is required by law. Committee meetings may be called by the Chair, Vice-Chair, Mayor, or the City Manager when sufficient business or timing is appropriate. Such meetings shall have an Agenda published to each Committee member when possible at least seventy-two (72) hours in advance. Ift the Committee Chair is unwilling or unable to call committee meetings, the Vice-Chair may call the meeting. (e) All citizen advisory boards/committees or other bodies shall provide the minutes taken at each meeting toi the City Clerk. All communications to the City Commission from such boards, committees, or other bodies shall be received by the City Commission's Presiding (f) All Chairpersons of citizen advisory boards/committees or other bodies may provide updates to the City Commission at its regularly scheduled meetings. All requests for presentations shall be submitted to the Office of the City Manager or City Clerk. (g) City employees shall not be precluded from serving on citizen advisory or other committees Officer with a copy to the City Clerk. sol long as membership requirements are met. (h) The City Commission may make exceptions to the above general policy on a case-by-case basis when necessary to: preserve the stability of the board or committee; retain a particular appointee because of his/her special expertise or knowledge; orf for such other (i) Appointees' personal and business affairs conducted within the City of Apalachicola must be ins substantial compliance with all City regulatory and taxing authorities' rules and regulations. Appointees deemed to be in chronic violation of any City rules, regulations, OF policies, the Florida Code of Ethics, or Florida's Sunshine Law, may be disallowed from membership or removed from citizen advisory boards or committees by a majority vote of () Citizen advisory boards and committees created by or in response to federal or state statutory requirements shall conduct business consistent with these guidelines unless otherwise provided for by such federal or state statutory requirements. (k) Citizen advisory boards and committees are required to adhere to the "Guidelines for Citizen Advisory Boards and Committees" as approved by the City Commission. These circumstances as the City Commission deems warranted. the City Commission. guidelines are incorporated below. GUIDELINES FOR CITIZEN ADVISORY BOARDS AND COMMITTEES (1) Committees are to be designated as standing or special (ad hoc). (2) A: sunset date willl be specified for special committees when appropriate. (3) Transition between Members: By-laws, enacting Ordinances, guiding document, etc. will include language, which provides for members (whose terms have expired) to (4) Term length for serving on any standing committee will be a minimum of two (2) years unless otherwise specified (e.g. State Statute may require term lengths of less than two continue serving until the appropriate appointments are made. (2) years, board/committee enacting Ordinance provisions). (5) Attendance: (a) Reports/notices of absences are made to the board or committee Chair (or Staff (b) The board of committee liaison will provide written notice of attendance violations tot the City Commission Presiding Officer. The City Commission will be responsible forr removing members who do not meet the attendance requirement. (c) Absence from four (4) consecutive regular meetings of the advisory board or committee shall operate to vacate the seat of a member, unless such absence is excused by the City Commission by Resolution setting forth thei fact ofs such excuse liaison if the Chair is unavailable). duly entered into the minutes. (6) Election of Officers: All board and committee officers (i.e. Chair, Vice Chair, etc.) shall be elected by the membership of the citizen advisory board or committee, unless otherwise specified. (7) Meeting Frequency: (a) Atar minimum, all boards and committees shall meet once per year. (b) The names of those boards and committees that do not meet this minimum requirement shall be submitted to the City Clerk's Office. (c) Recommendations to dissolve committees or other recommended action will be submitted tot the City Commission for consideration. (d) Any advisory board or committee whose officers are lected/appointed as prescribed int federal/state statute shall be exempted from Guideline No. 6. (8) Parliamentary Procedure: As-apprepriate, Robert's Rules of Order may-shall be used as a guide in conducting board and committee meetings. SUSPENSION AND CONSTRUCTION OF RULES RULE: 29 No permanent change in the standing rules shall be made without notice specifying the purpose and wording oft the change given at a previous regular meeting of the Commission and the adoption of the permanent change by a vote of four-fifths (4/5) of all members. The Rules of Procedure are for the efficient and orderly conduct of City Commission business only. No violation of such rules shall invalidate any action of the City Commission when approved by a majority vote required by law. Mayor Ash's Recommendations for Rules of Procedure: RULE 2 REGULAR MEETINGS As noted in City Charter Section 17, the City Commission shall hold regular meetings on the Tuesday after the first Monday of each month commencing at 4:00. 6:00-p.m. From time to time, regular meetings may be adjusted by Resolution of the City Commission to accommodate al holiday schedule. Meetings shall also be rescheduled to accommodate Elections as scheduled by the Franklin County Supervisor of Elections. The news media shall be notified and appropriate notice shall be posted at City Hall and on the City's website. first RULE 26 PREPARATION OF AGENDAS The City Manager and City Clerk are responsible for the preparation of the Agenda. The Mayor or any City Commission member may place an item on the Agenda. The City Attorney, City (d) The City Manager or any Commission member may, only ini the event of an emergency, (f) Agendas and all necessary background materials will be delivered to the members no later than 5:00 p.m. ont the Friday before the next meeting via notification by electronic mail. Int the event of an emergency an item must be placed on the Agenda after it has gone to the City Commission, a Supplemental Agenda will be issued no less than 24 hours prior to all meetings. Clerk, and City Manager may also place an item on the Agenda. place items on the Agenda after the above deadline. RULE 27 J) Adjournment AGENDAS- ORDER OF BUSINESS: (Currently the agenda outline is not in this order) No meeting shall be permitted to continue beyond 8:0010:00 p.m. without the approval ofar majority of the City Commission. A new time limit must be established before taking a City Commission vote to extend the meeting. In the event that a meeting has not been closed or continued by City Commission vote prior to 8:00 10:00 p.m., the items not acted on are to be continued to 9:00 8:30-a.m. on the following day, unless state law requires hearing at a different time or unless the City Commission, by majority vote of members present, determines otherwise. Commissioner George's Review and proposed changes to Rules of procedure Rule1-N Meetings - Concur with city manager's draft revision. Rule 2-) Regular Meetings - The city manager did not propose a change to the 6PM regular meeting time, although the meeting time was changed to 4PM at the 11/02/21 commission meeting by a vote of the city commission. The change did not meet the requirements of Rule 29, and the change ini meeting time is inconsistent with an ordinance which established the meeting Rule 3 - Special Meetings - The notice requirements for special meetings are not clear. The rule requires that notice be posted at city hall (but not on the city website) and doesn'tspecify if that notice must bej posted 48 hours in advance and whether that notice includes an agenda and documentation. There has been inconsistency in practice. Should this rule be. revised? Rule 10- City Clerk - Item 10(b) should be updated to include reflect the new deadlines (see Rule 14- Ordinances - There is a city policy which requires a series of workshops for ordinances that amend the LDC, which are not specified in this rule. Do we: need to clarify when workshops are required, including. joint workshops oft the city commission and the P&Z board? Rule 26- - Preparation of Agendas - Concur with city manager's draft revisions. Rule 26(a) is not consistent with the order of the agendas inj practice. Should the rule be revised time. Rule 26(f). or our agendas made to comply? Rule 27 -Agendas - Order of Business = Same comment as for Rule 26(a). There is a draft revision to Rule 27(g) to change public comment time from five minutes to three minutes. The public has been limited to three minutes since 10/05/21, without a vote oft the city commission. The notation on the top of the agenda was simply changed, without an explanation. Rule 28 - Other than the draft revisions to change the meeting place and to make the residency requirement consistent with the city charter, the proposed changes are unnecessary and overly restrictive. Time would be better spent developing policies for the operation of city departments rather than instituting rules for volunteers who serve at the pleasure oft the city commission to The five-minute time limit specified in the rules should be reinstated. make recommendations.