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HomeMy WebLinkAboutOrdinance 2024-619ORDINANCE NO. 2024 - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING CHAPTER 74 OF THE CODE OF ORDINANCES, TITLED "RULES OF PROCEDURE"; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, staff of the City of Sunny Isles Beach (the "City") has undertaken a comprehensive review of Chapter 74 of the Code of Ordinances to ensure that the City's legislative procedures are up-to-date, transparent, and aligned with best practices in municipal governance; and WHEREAS, City staff has determined that revisions are necessary to improve the efficiency and clarity of its meetings, including the adoption of Robert's Rules of Order as the governing standard for questions of order and the conduct of business, replacing the previous reference to Mason's Manual of Legislative Procedure; and WHEREAS, amendments have been made to clarify the roles and responsibilities of the presiding officer, particularly in the event of the Mayor and Vice Mayor's absence, and to ensure that meetings are conducted with strict order and decorum, thereby reinforcing the City Commission's commitment to maintaining orderly public discourse; and WHEREAS, the City Commission recognizes the importance of providing clear guidelines for the scheduling, notification, and conduct of both regular and special meetings, as well as emergency meetings; and WHEREAS, these amendments also address the procedures for public participation, ensuring that citizens are afforded the opportunity to speak on matters of importance while maintaining the decorum and efficiency of City Commission meetings. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS': Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part by this Ordinance upon adoption hereof. Section 2. Amendments. The following sections of the City's Code of Ordinances are amended to read as follows: Chapter 74 — Rules of Procedure ARTICLE I — Governing Rules I Additions to existing text are shown by underline, changes to existing text on second reading are shown by double underline, deletions on first reading are shown as strikethrough and deletions on second reading are shown as d Rte. 02024 Amend Chap 74 2nd Rdg Page 1 of 13 § 74-1. Adoption of standards; Intent. Except as may be provided in the Charter, the City of Sunny Isles Beach Code, Florida laws or by these rules as set forth in this chapter, questions of order, the methods of organization and the conduct of business of the Commission and to the extent there is no conflict, the Commission shall be governed by the most recent edition of A4;4,; m',; Manual „f Legislate.,,, o.,,, ,, d„r„ (1 953 €d+tief4Robert's Rules of Order. It is the intent of the City Commission that these rules as set forth in this Chapter apply to all meetings of the City Commission, including special meetings and workshops, unless specifically stated otherwise. ARTICLE II - Officers § 74-2. Presiding officer. The Mayor, ViGe Mayer er, if neither available, a Fnembe- of the r,,,,,M.Os. gen desi ,.,-,ted by tham-Maye+ shall preside at all meetings of the City Commission at which he or she is present. In the absence of the Mayor the Vice Mayor shall serve as presiding officer for said meeting. In the absence of the Mayor and Vice Mayor, the City Clerk shall call the meeting to order and shall immediately call for an election to designate a presiding officer for said meeting. —,tile Gemmossoe n rh4II ;Plpr-.t Amp mf i+c a -. rem.,.,r-.r.. pFe.-i.Jin., r,ffir.,r. The presiding officer shall preserve strict order and decorum at all meetings of the Commission. A majority vote of the members present shall govern and conclusively determine all questions of order not otherwise covered. The presiding officer has the power, among other things, to recognize a speaker, secure and retain the floor for the speaker and keep order during the time the floor is taken. § 74-3. City Clerk. The City Clerk shall act as Clerk of the Commission. The Clerk of the Commission shall call the roll, prepare the minutes, and shall be the custodian of the records, a -Rd shall certify all ordinances and resolutions adopted by the Commission, and perform such other duties as required by the City Charter. In the absence of the Mayor and Vice Mayor, the Clerk of the Commission shall have the authority to call the meeting to order and shall immediately call for an election to designate a presiding officer for said meeting. If, at any time during said meeting, the presiding officer arrives, the temporary presiding officer shall relinquish the chair to the presiding officer, upon the conclusion of the business immediately before the Commission. ARTICLE III Meetings § 74-6. Regular meetings. 02024 Amend Chap 74 2nd Rdg Page 2 of 13 A. In November of each year, the Commission by resolution shall establish a schedule of regular meetings for the succeeding calendar year. The resolution shall state the date, time, and location of all regular meetings. The CA—MM;SSOP-n Sn-a"l-hold Fegular-Regular meetings shall be held on the third Thursday of each month, with the exception of a designated recess month, or as otherwise designated by the City Commissioner the day fixed feF aRY SUGh FegulaF meeting falls GR a day desigRated by law as a legal . Regular meetings may be otherwise postponed or canceled by resolution adopted at a regular meeting by a majority of the Commission members present. All regular and zoning meetings shall be held in the Commission Chambers at 1-78070 Collins Avenue, Sw�o- Sunny Isles Beach, Florida 33160, or such location as may be approved by a majority of the Commission members present and shall be open to the public and all news media. § 74-7. Special meetings; emergency meetings. A. Special meetings. Special meetings and workshops may be scheduled at the request of the City Manager, the City Attorney, or the City Clerk ^r a majeFity of the Gemmisseen at any time, provided appropriate notice is given. A special meeting of the Commission may be called by the Mayor, or by a majority of the members of the Commission. Whenever a special meeting or workshop is requested by a member of the Commission, such request shall be made in writing clearly stating the need for a special meeting or workshop, and shall be delivered to the City Clerk. Upon receipt of the request in writing, a Retiee On C-ie*k—.Tthe City Clerk shall forthwith thereafter issue either verbal or written notice upon each member of the Commission stating the date, #ee time and place of the special meeting or workshop, and the purpose for which such meeting is called. €efty- eigi}tSeventy-two hours' notice must elapse between the time the City Clerk receives notice in writing and the time the special meeting or workshop is to be held. The special meeting and/or workshop shall then be scheduled provided the majority of the Commission concurs on a date and time. B. Emergency meetings. An emergency meeting of the Commission may be called by the Mayor, or by a majority of the Commission, in accordance with prescriptions of the City Charter, whenever OR his�h^F ^F theiF ^^i^i^^ an emergency affecting life, health, property or the public peace exists which requires immediate action by the Commission. Whenever such emergency meeting is called, the Mayor, or member of the Commission may, as the case may be, shall notify the City Clerk in writing; calling for the emergency meeting, effiee, by such mai^rity Shall be served upon the city GleFk who shall forthwith serve either verbal or written notice upon each member of the Commission, stating the date, 4e4r time and place of the meeting, and the purpose for which it is called, and no other business shall 02024 Amend Chap 74 2nd Rdg Page 3 of 13 be transacted at that emergency meeting. The emergency meeting shall then be scheduled provided the majority of the commission concurs on a date and time. C. If, after reasonable diligence, it is impossible to give notice to each Commissioner, such failure shall not affect the legality of the meeting if a quorum is present. The minutes of each special or emergency meeting shall show the manner and method by which notice of such special or emergency meeting was given to each member of the Commission, or shall show a waiver of notice. All special or emergency meetings shall be open to the public and shall be held and conducted in the Sunny Isles Beach Commission Chambers Hall located at Government Center, 1-78070 Collins Avenue, Swite 2500, Sunny Isles Beach, Florida 33160, or any other suitable location within City of Sunny Isles Beach, Florida. Minutes thereof shall be kept by the City Clerk. ARTICLE IV - Advisory Boards and Committees ARTICLE V - Conduct of Meetings; Agenda § 74-10. Call to order. Promptly at the hour set for each meeting, the members of the Commission, the City Attorney, the City Manager and the City Clerk shall take their regular stations in the Commission Chamber. The presiding officer shall take the chair and shall call the Commission to order immediately. In the absence of the Mayor and Vice Mayor, the City Clerk shall call the meeting to order, theR determine whether a quorum is present, and shall then an that event shall call for the election of a temporary presiding officer. If, at any time during the meeting, the presiding officer arrives, the temporary presiding officer shall relinquish the chair to the presiding officer, upon the conclusion of the business immediately before the Commission. § 74-11. Roll call. The City Clerk shall call the roll of the members, and the names of those present shall be entered in the minutes. In the event the roll call reflects the absence of any member on official City business that fact shall be noted in the minutes. Any City Commissioner who intends to be absent from any Commission meeting shall notify the City Clerk of the intended absence as soon as ^^"%vrrviRlenc osp sible. § 74-14. Agenda. A. Order of Business. There shall be an official agenda for every regular meeting of the Commission which shall determine the order of business conducted at the meeting. 02024 Amend Chap 74 2nd Rdg Page 4 of 13 (1) The order of business shall be as follows: (a) Call to order/roll call of members; (b) Pledge of allegiance and invocation; (c) Approval of minutes; (d) Order of business (additions/deletions); (e) Spee+af preseetat-iee6; (fe) Zoning matters, unless heard by special meeting or as otherwise decided by the Commission; (gf) Ordinances submitted for first readingi Fnay be haR dle d as ^ nsem ^.,, Rda at the pleas ern of i-he (#g) Public hearings, which are not ordinances and/or which shall be held at a specially scheduled time, if the notice so states; (+h) Ordinances submitted for second reading; (j}i) Resolutions; (ikj) Motions; (1) Diseessien items; (eek) Citizens' forum: petitions and other communications; (el) Adjournment. The aforementioned order of business shall not apply to special meetings or workshops. The order of business of such meetings shall be determined by the City Clerk. (2) Items shall be considered in the order in which they are placed on the agenda unless a majority of the Commissioners determines to deviate fere from the printed agenda. B. Authority to place items on agenda. Matters may be placed on the agenda by any City Commissioner, the City Manager, the City Attorney or the City Clerk. Matters placed on the agenda by anV City Commissioner shall be placed in accordance with guidelines set forth by Resolution No. 2023-3565, and as maV be amended from time to time. § 74-15. Ordinances; resolutions; motions; contracts. A. Preparation and enactment of ordinances. The City Attorney and the City Clerk,- when Fequ^cstec, shall prepare ordinances and resolutions. Ordinances may be introduced and listed by title and shall be read by title only before consideration by the Commission on first reading. 9n first reading only, the-CemmissieR Fnay either ate fer erre ete eF Fnay vete sepaFately en any E)rd6nanee. Atpeblie heaFi%—, eEach ordinance shall be voted on individually by a call of the roll. 02024 Amend Chap 74 2nd Rdg Page 5 of 13 D. Introduction. Ordinances, resolutions and other matters and subjects requiring action by the Commission may be introduced by a member of the Commission in accordance with guidelines set forth by Resolution No. 2023-3565, as may be amended from time to time, except that the City Manager, the City Attorney, or the City Clerk (and/or departmental heads as approved by the City Manager) may also present ordinances, resolutions and other matters to the Commission for consideration, which shall not be subject to guidelines set forth by Resolution No. 2023-3565, or anv amendments thereof. ARTICLE VI - Public Participation § 74-18. G?N__ns' pFesentati F public hearings. WHOM. 1111N I MI.- -9A. Public hearings. Any citizen shall be entitled to speak on any matter appearing on the official agenda under the section entitled "Public Hearings" subject to the Citizens' Bill of Rights (see the beginning of the City Charter) and these rules of procedure. § 74-19. Registration of speakers. A. Public comment on any actionable item of the Commission shall be permissible provided those who wish to speak first register by filing the appropriate registration card as prepared by the City Clerk. The registration card shall be filed with the City Clerk prior to the item being called. ReitistFatie^ of speakeFS Fnay be r ^-' "" +The presiding officer may allow public comment once an item has been called but not after the City Commission has commenced discussion and debate on an item.The City Clerk shall prepare appropriate registration cards which d shall indicate the speaker's name, the agenda item on which he or she is speaking and whether they are for, against or neutral on said agenda item. § 74-20. Addressing Commission. A. Each person, other than salaried members of the City's staff, who addresses the Commission shall step up to a podium and shall give the following information in an audible tone of voice for the minutes: 02024 Amend Chap 74 2nd Rdg Page 6 of 13 (1) Name. (2) Address. B. Each speaker may be required to disclose the following information: (1) Whether the person speaks on his or her own behalf or if they are speaking on behalf of; a group of persons, 9F a thiFd pafty; if the person represents an organization, the person shall also indicate the number of members in the organization, the ;;^"ual-dues paid by the Fnem eFS, the date of the most recent meeting of the organization's board or governing council, and whether the view expressed by the speaker represents an established policy of the organization approved by the board or governing council; (2) Compensation, if any; (3) Whether the person or any immediate family member has a personal financial interest in the pending matter, other than as set forth in Subsection B(2). C. Unless further time is granted by the presiding officer, the statement shall be limited to three u minutes per item. All remarks shall be addressed to the Commission as a body and not to any member thereof. No person, other than Commissioners and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the Commission, without the permission of the presiding officer. No question shall be asked of a Commissioner except through the presiding officer. D. Proxy statements are prohibited. Persons who wish to make statements but are otherwise unable or unwilling to do so verbally may submit their statements in writing to the City Clerk which shall be made part of the meeting record. Written statements must be received prior to the start of the meeting. § 74-21. Decorum. Meetings of the City Commission are by law considered limited public forums, and subject to reasonable restrictions. In accordance with Section 286.0114, Florida Statutes, the City Commission is permitted to adopt rules and policies for purposes of maintaining orderly conduct and proper decorum in public meetings, and to manage an efficient public meeting agenda, conserve time, and ensure that others have an opportunity to speak. All members of the public and speakers addressing the City Commission are subject to and must comply with the following rules of decorum: A. Speakers and members of the public shall accord the utmost courtesy to each other, to city 02024 Amend Chap 74 2nd Rdg Page 7 of 13 employees, and to members of the City Commission and shall refrain at all times from using or making rude, derogatory, impertinent, abusive, threatening, obscene, profane, vulgar, or defamatory language, asserting reflections as to integrity of any individuals, making statements directed to motives and personalities, hate speech, or language characterized as fighting words. B. Speakers and members of the public shall not use terminology or gestures that cause a disruptive environment for public officials in the discharge of their duties or cause a disruptive environment hostile to the participation of other members of the public. C. Speakers and members of the public shall not engage in boisterous, violent, threatening or tumultuous conduct threatening the safety of another, or conduct creating danger to another's property. D. Speakers and members of the public shall not engage in active or passive political campaigning, including but not limited to the display or wearing of on his or her person any article of clothing or use any object which bears any type of political advertisement or displays any information which may be construed to support or oppose a particular candidate or issue. E. Speakers and members of the public shall not address the City Commission from the audience. BF. Speakers and members of the public shall notN-9 clapping, applaud+eg, ""heckle or engage in verbal outbursts in support or opposition to a speaker or his or her remarks 544 be peFmi mea. Signs or placards may be disallowed in the Commission chamber by the presiding officer. Persons eingexiting the Commission chambers shall do so quietly. A speaker or member of the public violating these rules of decorum or otherwise disrupting a meeting may be deemed out of order by the presiding officer, and if the speaker or member of the public willfully refuses to abide by the lawful orders of the presiding officer to cede the floor and cease and desist all disruptive behavior, the speaker may be removed and/or placed under arrest by law enforcement, as permitted by law. However, a speaker may not be removed merely because the content of the speech is not politically pleasing or acceptable. ARTICLE VII - Rules of Debate § 74-22. Rules of debate. A. Questions under consideration. In order for debate to ensue Son any actionable agenda item, in A-rder {^r debate to eRs e, the presiding officer shall close the public hearing and ask for discussion of the matter at hand., Nether ^-di^a^Ee, Fese' t;GA, .ROt;9R, eU—., If the Commission, upon conclusion of the discussion and debate, wishes to adopt the legislation, open a motion shall be made in substantially the same form as: "I move we adopt o8rdinance (resolution) as readL' (or "as amended" by Commissioner )." The City Attorney or the City Clerk may request and/or assist with a restatement of the 02024 Amend Chap 74 2nd Rdg Page 8 of 13 motion for the record. The Commissioner seconding said motion shall say "I second the motion 'as read' for 'as amended'J." Alternatively, any Commissioner may move for deferral of any item, which deferral motion must be seconded prior to a vote. Failure of any legislation to receive a motion and/or a second shall be removed from the agenda in accordance with Subsection J herein below. C. Getting the floor, improper references to be avoided. Every member desiring to speak for any purpose shall address the presiding officer, and upon recognition, shall be confined to the question under debate, maintaining proper respect and civility, and avoiding all statements as to personalitiesy and motives issues, and any impertinent, slanderous, rude, and/or indecorous language. E. Time limit for debate. Except for zoning matters and quasi-judicial hearings, discussion by Commissioners on any one item shall not exceed 1/2 hour unless agreed upon by majority decision. Failure to resolve any one item within this time limit, unless otherwise extended, shall result in its failure. F. Method of voting. (1) After the debate is closed, and/or the motion is restated if necessary, the presiding officer shall call for a vote on the motion. Voting shall be by roll call or voice vote paper- ballet -(a; the d e r -i s+c-Aef tie—rhe Fity of t h a Gem Frei ss+eTRi R ee kai„ m9tieR. Ordinances require a roll call vote by calling the names of the Commissioners alphabetically by surname, except that the names shall be rotated after each roll call vote, if ecluested, so that the Commissioner who voted first on a preceding roll call shall vote last upon the next subsequent matter; . pFevided, howevveF,that-4The presiding officer, if a Fnemh„r A -f the r„mmission, shall always cast the last vote. (2) The Clerk shall call the roll, tabulate the votes, and announce the results. The vote upon any resolution, motion or other matter, except f^F erdinaRGes, may be by voice vote as previously noted, provided that the presiding officer, eF any Commissioner, or the City Clerk may require a roll call to be taken upon any resolution or motion. G. Explanation of vote; conflicts of interest. Once the presiding officer has called for a vote, Tthere shall be no further debate or discussion by aR amongst the Commission, and th,-each Commissioner shall vote yes or no, except that —Aany Commissioner, UpeR VE)tiR,prior to his or her voting, may give a brief statement to explain his or her vote. A Commissioner shall have the privilege of filing with the Clerk a written explanation of his or her vote. Any Commissioner with a conflict of interest on a particular matter shall prior to the vote being taken publicly state the nature of their interest in the matter from which he or she is abstaining from voting and, within 15 days after the vote occurs, disclose the 02024 Amend Chap 74 2nd Rdg Page 9 of 13 nature of his or her interest as a public record in a memorandum filed with the City Clerk, who shall make note of the conflict of interest in the minutes. Such memorandum shall be made part of the meeting record. The Commissioner with the stated conflict of interest shall refrain from voting or otherwise participateiog in the proceedings related to that matter and n4aysihall leave the Commission chambers until the consideration of that matter is concluded. Any such Commissioner who deer Ret leaves the chambers shall be deemed absent for purposes of constituting a quorum, counting the vote, or for any other purpose. 1H. Abstention. Any Commissioner who is present at a meeting in which an official decision, ruling, or other official act is to be taken or adopted may not abstain from voting in regard to any such decision, ruling, or act; and a vote shall be recorded or counted for each such member present, unless there is, or appears to be, a possible conflict of interest under s. 112.311, s. 112.313, s. 112.3143, F.S., or additional or more stringent standards of conduct, if any, adopted pursuant to s. 112.326, F.S. If there is, or appears to be, a possible conflict of interest, said Commissioner shall be required to disclose said conflict of interest in accordance with the provisions of Subsection G. #I. Tie votes. Whenever action cannot be taken because the vote of the Commissioners has resulted in a tie, the status quo shall continue in effect and the proposed ordinance, resolution or motion that produced the tie vote shall be removed from the agenda without prejudice to its reintroduction on a de novo basis at a '^+,tee -subsequent meeting; provided that in zoning and other quasi-judicial matters when action on a resolution results in a tie vote, such resolution shall be carried over to the next regularly scheduled meeting for the consideration of such quasi-judicial matters unless the Commission designates a different time for such reconsideration. U. Vote change. Any Commissioner may change his or her vote before the next item is called for consideration, or before a recess or adjournment is called, whichever occurs first, but not thereafter. In this case, the Clerk shall call back the vote and verify the outcome for the presiding officer. JK. No motion or second. If an agenda item fails to receive a motion or second, it shall be removed from the agenda and shall not be reintroduced eRly—in aGc:A rd;;PTEe withthe FeRe al IaFevisieRS ^f S bhsee G ' for a three (3) month period. Should an ordinance or resolution, or modified form thereof, be proposed that raises the same matter which failed to receive a motion or a second during the three (3) month period, the presiding officer shall declare the proposal out of order. KL. Reconsideration. An action of the Commission, excluding zoning matters, may be reconsidered only at the same meeting at which the action was taken, or, if not, at the next regular meeting thereafter. A motion to reconsider may be made only by a Commissioner who voted on the prevailing side of the question and must be concurred in by a majority of those present at the meeting. A motion to reconsider shall not be considered unless at least the same number of Commissioners is present as participated in the original vote, or 02024 Amend Chap 74 2nd Rdg Page 10 of 13 upon affirmative vote of 2/3 of those Commissioners present. Adoption of a motion to reconsider shall rescind the action reconsidered. -I.M. Renewal. Once action is taken on a proposed ordinance or resolution, neither the same matter, nor its repeal, or rescission, may be brought before the Commission again for a three u month period following t# --said action (subjea to the n.-evisien-s „f c„ham,,,+,,,., K effleer, unless by reconsideration pursuant to subsection L. Should an ordinance or resolution be proposed that raises the same previously resolved matter, or its repeal or rescission, in different or modified form during the three month period, the presiding officer shall declare the proposal out of order. MN. Adjournment. A motion to adjourn is_a privileged motion and shall always be in order and decided without debate. A motion to adjourn shall require a second and, upon the affirmative vote of a maiority of the Commissioners present, the presiding officer shall announce the meeting adiourned. NO. Suspension of the rules. No rule of procedure adopted by this Board shall be suspended except by an affirmative vote of 2/3 of the Commissioners present. ARTICLE VIII - Additional Rules § 74-23. Representation of City at functions. In accordance with section 2.2(a) of the City's Charter, the Mayor shall be recognized as head of City Government for all ceremonial purposes and for purposes of military law, for service of process, execution of duly authorized contracts, deeds and other documents, and as the Citv official designated to represent the City in all dealings with other governmental entities. In accordance with section 2.2(b) of the City's Charter, in the absence of the Mayor, the Vice Mayor shall serve as the designated City Commission representative and shall have all the powers, authority, duties and responsibilities of the Mayor. However, Wwhenever the Mayor or Vice Mayor are unavailable, and the Commission deems it necessary or desirable that the Commission shall be represented at meetings, conferences or other occasions involving other governmental entities, agencies, officials or groups, or nongovernmental organizations, or departments, agencies or officials of the City government, the presiding officer may designate members of the Commission to represent the Commission at such meetings, conferences or other occasions, with the consent of the designee. A majority of the Commissioners then present may approve or disapprove any such appointment. If there is insufficient time for the presiding officer and City Commission to make such an appointment, the Commission representative shall be the Commissioner from Residential Area 1. If the Commissioner from Residential Area 1 is unavailable, then the Commissioner from Residential Area 2 shall be designated as the representative. If the Commissioner from Residential Area 2 is unavailable, then the Commissioner from Residential Area 3 shall be designated as the representative. If the Commissioner from Residential Area 3 is unavailable, then the Commissioner from Residential Area 4 shall be designated as the representative. Such 02024 Amend Chap 74 2nd Rdg Page 11 of 13 representatives shall have no power to act for or on behalf of the Commission, or to make any commitment or binding obligation on behalf of the Commission or the City. Such representatives shall report in writing to the Commission with regard to such meeting, conference or other occasion. Nothing in this section shall prohibit the Mayor from appointing, subject to Commission approval, delegates to certain organizations as specified by resolution. § 74-24. Vendor Presentations Prohibited. Vendors are prohibited from making presentations, delivering sales _pitches, or promoting products or services to the City Commission during regular meetings, special meetings. and workshops. This includes, but is not limited to, any form of advertisement, solicitation. endorsement, product demonstration, or any attempt to market, sell, or encourage the purchase or utilization of goods or services. All discussions during these meetings must center on the transaction of official city business. without any form of commercial promotion or solicitation by third parties. Vendors wishing to transact business with the City shall only do so in accordance with the provisions of Chapter 62 of this Code. This section does not prohibit a vendor from scheduling separate, individual meetings with City Commissioners, provided that said vendors first register as lobbyist in accordance with section 33-2 of this Code. § 744425. - Noncompliance with procedural rules. If a procedural rule of this Board is not complied with as a result of either mistake, inadvertence or excusable neglect, as those terms are defined by law, by either the presiding officer or the parliamentarian, then the validity of the underlying substantive ordinance, resolution, motion or other action shall in no way be affected thereby, and the failure of compliance with said procedural rule shall not be the basis for any person or party to challenge any ordinance, resolution or other action of this Board. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clause, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Code. It is the intention of the Commission, and it is hereby ordained, that the provisions of this Ordinance shall become and be made a part of the code of the City of Sunny Isles Beach, Florida; and that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "ordinance" shall be changed to "section" or other appropriate word, as required. Section 5. Repealer. All ordinances or part of ordinances in conflict herewith be and the same are hereby repealed. 02024 Amend Chap 74 2nd Rdg Page 12 of 13 Section 6. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. PASSED AND ADOPTED on first reading the _Zday of August, 2024. PASSED AND ADOPTED on second reading the i • :- C, City Clerk First Reading W VA Vote on First Reading: Mayor Svechin Vice Mayor Lama —( &E -W) Commissioner Joseph Commissioner Stuyvesant Commissioner Viscarra Vote on Second Reading: Mayor Svechin Vice Mayor Lama Commissioner Joseph Commissioner Stuyvesant Commissioner Viscarra of September, 2024. 71 Larisa Svechin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 6 .. w -sw) ain E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney Second Reading Motion: 6M4�S&AEC. i .r Second: •% (Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No) Yes) (No) (Yes) (No) (Yes) �(No) Yes) (No) (Yes) (No) 02024 Amend Chap 74 2nd Rdg Page 13 of 13 ILO Cr),P Q',F 514"A 1.41 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: Honorable Mayor and City Commissioners FROM: Mauricio Betancur, CMC, City Clerk Alain E. Boileau, City Attorney DATE: September 19, 2024 RE: Ordinance Amending Chapter 74 of the City's Code of Ordinances, Titled a€ceRules of Procedure" RECOMMENDATION: Adopt the Ordinance. REASONS: This ordinance to amends Chapter 74 of the City's Code of Ordinances, titled "Rules of Procedure," (Chap. 74) to update and streamline the processes governing the City Commission's meetings. These amendments are important for enhancing clarity, efficiency, and transparency in how the business of the City is conducted. For example, § 74-1 the Code currently states that the City Commission "...shall be governed by Mason's Manual of Legislative Procedure (1953 Edition)", which are a set of rules more adept for state legislative bodies. Adopting Robert's Rules of Order as the new standard for parliamentary procedure allows all meetings of the City Commission to be governed by a set of rules that are widely recognized and better suited for local government. However, it is important to note that questions of order, the methods of organization, and the conduct of business of the City will rely primarily on the rules set forth in Chap. 74, and state and county laws. Robert's Rules of Order will be referred to in the event there is a question not addressed in the aforementioned laws. Other notable revisions to Chap. 74 include improved rules and procedures for meeting management, such as clarifying the process for designating a presiding officer in the absence of both the Mayor and Vice Mayor. The ordinance also revises the public participation process providing for clearer guidelines on proper decorum and registration, ensuring that citizen input is both encouraged and effectively Item Number: 9.A 61 managed. These amendments to the Code align the City's legislative procedures with best practices in municipal governance. These revisions will aid the City Commission in conducting its business more efficiently, maintaining order during meetings, and promoting a more inclusive yet orderly environment for public participation. ADDITIONAL INFORMATION: At the request of the City Commission, this ordinance was revised between first and second reading to include language prohibiting vendor presentations (see section 74-24). If adopted, vendors will be prohibited from making presentations, delivering sales pitches, or promoting products or services to the City Commission during regular meetings, special meetings, and workshops. However, this section would not prohibit a vendor from scheduling separate, individual meetings with City Commissioners, provided that said vendors first register as lobbyist in accordance with section 33-2 of the City's Code. Section 74-1 was further revised to clarify that the rules of procedure set forth in Chapter 74 of the City's Code apply to all meetings of the City Commission unless specifically stated otherwise. Section 74-14(A) was further revised to clarify that the order of business listed in this section apply only to regular meetings of the City Commission, and that the order of business for special meetings and workshops will be determined by the City Clerk. Section 74-22(M) was further revised to clarify that matters placed on a workshop agenda may only renewed according to the provisions of that same section. ATTACHMENTS: Ordinance Item Number: 9.A 62