HomeMy WebLinkAboutOrdinance 98-16
ORDINANCE NO. 98-16
ORDINANCE RELATING TO THE RULES OF PROCEDURE OF THE CITY
COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA,
REPEALING SECTION 2-1 OF ARTICLE I, CHAPTER 2 OF THE CODE OF
METROPOLITAN DADE COUNTY, FLORIDA, IN ITS ENTIRETY; AND
REPEALING RESOLUTION NO. 97-2 OF THE CITY CHARTER OF
SUNNY ISLES BEACH ADOPTING ROBERT'S RULES OF ORDER;
ENACTING NEW RULES OF PROCEDURE OF THE CITY COMMISSION;
PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN
EFFECTIVE DATE.
WHEREAS, on June 16, 1997, by Charter of the City of Sunny Isles Beach, Florida, the
City adopted all codes and ordinances of City of Sunny Isles Beach, as may be amended by the City
from time to time;
WHEREAS, the City wishes to enact a set of parliamentary rules that will carry out the
spirit of the Citizens Bill of Rights contained in the City Charter and which will facilitate the
procedures of the City Commission;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF CITY OF SUNNY
ISLES BEACH, FLORIDA:
Section 1.
Except as provided in Section 3 of this Ordinance, Section 2-1 of Chapter 2, Article
I of the Code of Metropolitan Dade County as adopted by Charter for the City of Sunny Isles Beach,
Florida, is hereby repealed in its entirety.
Section 2. Section 2-1 of Chapter 2, is hereby enacted to read as follows;
CODE OF THE CITY OF SUNNY ISLES BEACH
CHAPTER 2. ADMINISTRATION
ARTICLE I. IN GENERAL
Sec. 2-1.
RULES OF PROCEDURE OF CITY COMMISSION
PART 1. GOVERNING RULES
Rule 1. 0 1.
GOVERNING RULES: AMENDMENT
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 Ordinance, 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 Mason's Manual of Legislative Procedure (1953 Edition). Once enacted, these rules
may be amended by two-thirds (2/3) vote of the entire Commission, except that in October or
November of any even numbered year amendments may be made by a majority vote of the entire
Commission.
PART 2. OFFICERS
Rule 2.01.
PRESIDING OFFICER
The Mayor, or a member of the Commission designated by the Mayor, shall preside at all meetings
of the City Commission at which he or she is present. In the absence of the presiding officer, the
Commission shall select one of its members as a temporary presiding officer. 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.
Rule 2.02. Clerk
The City Clerk shall act as Clerk of the Commission. The Clerk ofthe Commission shall call the roll,
prepare the minutes and shall be custodian of the records and shall certify all ordinances and
resolutions adopted by the Commission, and perform such other duties as required by the City
Charter.
Rule 2.03. CITY ATTORNEY
The City Attorney, or such member of the office of the City Attorney as may be designated, shall be
available to the Commission at all meetings. The City Attorney shall act as parliamentarian, and shall
advise and assist the presiding officer in matters of parliamentary law.
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Rule 2.04.
SERGEANT -AT -ARMS
The City of Sunny Isles Beach police chief, or such other city official or employee as the chief
may designate, shall be the sergeant-at-arms of the Commission meeting, at the request of the
presiding officer or the City Manager. The sergeant-at-arms shall carry out all orders and instructions
given by the presiding officer for the purpose of maintaining order and decorum at the meetings.
PART 3. MEETINGS
Rule 3.01.
REGULAR MEETINGS.
(a) The Commission shall hold regular meetings on the second and fourth Thursday of
each month, and when the day fixed for any such regular meeting falls on a day designated by law as
a legal holiday, such meeting may be held on another day selected by the Commission, or such
meeting may be canceled at the discretion of the Commission. Unless otherwise determined by the
Commission, regular meetings shall commence at 7:00 P.M. Regular meetings may be otherwise
postponed or canceled by resolution or motion 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 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160, or such location
as may be approved by a majority ofthe Commission members present and shall be open to the public
and all news media. Workshops may be scheduled at the request of the City Manager, the City
Attorney or a majority of the Commission at any time, provided appropriate notice is given.
(b) Zoning matters shall be scheduled as part of regular Commission meetings unless
otherwise decided by the Commission.
(c) The second reading (public hearing) of the annual budget ordinance shall be
considered at a meeting at which the said budget ordinance and the levy of the millage are the
only items on the agenda.
Rule 3.02.
SPECIAL MEETINGS EMERGENCY MEETINGS.
(a) SPECIAL MEETINGS. A special meeting of the Commission may be called by a
majority of the members of the Commission. Whenever a special meeting is called, a notice
in writing signed by such majority shall be served upon the Clerk. The Clerk shall forthwith
serve either verbal or written notice upon each member of the Commission stating the date,
hour and place of the meeting and the purpose for which such meeting is called, and no other
business shall be transacted at that meeting. At least twenty-four (24) hours notice must
elapse between the time the Clerk receives notice in writing and the time the meeting is to be
held.
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(b) EMERGENCY MEETINGS. An emergency meeting of the Commission may be
called by the Mayor in accordance with prescriptions of the City Charter whenever in his or
her opinion an emergency exists which requires immediate action by the Commission.
Whenever such emergency meeting is called, the Mayor shall notify the Clerk who shall
forthwith serve either verbal or written notice upon each member ofthe Commission, stating
the date, hour and place of the meeting and the purpose for which it is called, and no other
business shall be transacted at that meeting. At least twenty-four (24) hours shall elapse
between the time the Clerk receives notice of the meeting and the time the meeting is to be
held.
( 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 Commission chambers, City Hall, 17070 Collins Avenue,
Suite 250, Sunny Isles Beach, Florida 33160, or other suitable location within City of Sunny
Isles Beach, Florida. Minutes thereof shall be kept by the Clerk.
(d) No special or emergency meeting shall be held unless notice thereof is given in
compliance with the provisions of this rule, or notice thereof is waived by a majority of the
entire membership of the Commission and in accordance with the City Charter.
PART4. COMmflTTEES
Rule 4.01.
COMMITTEES
(a) There may such standing committees of the City Commission as the Mayor deems
necessary to conduct the business of the City appropriately and in accordance with the City Charter.
Such committees shall be governed by these rules of procedure and if advisory, shall be subject to the
Florida Sunshine and Public Records Laws.
(b) In accordance with Section 2.2 of the Charter, the Mayor shall appoint both a
Chairperson who shall be a Commissioner and a Vice Chair who shall be a citizen appointee. In
addition, each Commissioner shall appoint one (1) member to each Committee.
PART 5. CONDUCT OF MEETINGS; AGENDA
Rule 5.01.
CALL TO ORDER
Promptly at the hour set for each meeting, the members of the Commission, the City Attorney, the
Manager and the 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
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presiding officer, the Clerk shall then determine whether a quorum is present and in that event shall
call for the election of a temporary presiding officer. Upon the arrival of the presiding officer, the
temporary presiding officer shall relinquish the chair upon the conclusion of the business immediately
before the Commission.
Rule 5.02.
ROLL CALL
The 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 Clerk of the board of the intended absence as soon as
convenient.
Rule 5.03.
QUORUM.
A majority of the Commissioners then in office shall constitute a quorum. No ordinance, resolution
or motion shall be adopted by the Commission without the affirmative vote of the majority of all the
members present.
Rule 5.04.
FAILURE TO ATTAIN A QUORUM.
Should no quorum attend within thirty (30) minutes after the hour appointed for the meeting of the
Commission, the presiding officer or the Clerk may adjourn the meeting until another hour or day
unless by unanimous agreement, those members present select another time. The names of the
members present and their action at such meeting shall be recorded in the minutes by the Clerk.
Rule 5.05.
AGENDA
(a) ORDER OF BUSINESS. There shall be an official agenda for every meeting of the
Commission which shall determine the order of business conducted at the meeting. The order
of business shall be as follows: (1) call to order/roll call of members, pledge of allegiance,
approval of minutes, agenda/order ofbusiness ( additions! deletions), special presentations, (2)
Zoning matters, (3) Ordinances submitted for first reading which may be handled as a consent
agenda at the pleasure of the Commission, (4) public hearings, which shall be held at specially
scheduled time, if the notice so states, (5) time sensitive items, which shall include contracts
and other matters which the City Manager determines to be time sensitive; (6) resolutions,
(7) discussion items. Items shall be considered in the order in which they are placed on the
agenda unless a majority ofthe Commissioners determines to deviate from the printed agenda.
The Commission shall not take action upon any matter, proposal, or item of business which
is not listed upon the official agenda, unless it is approved at the meeting by a majority of the
entire Commission which shall have first consented to the matter for consideration. No
ordinance, resolution or other matter listed on the agenda for public hearing or the vote
thereon may be deferred until a later time unless a majority of the entire Commission shall
vote in favor of such deferral.
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(b) AUTHORITY TO PLACE ITEMS ON AGENDA. Matters may be placed on the
agenda by any City Commissioner, the Manager, the City Attorney and the Clerk of the
Commission.
(c) APPROVAL OF MINUTES. Unless a reading of the minutes ofa meeting is
requested by a majority of the Commission, such minutes, when approved by the Commission
and signed by the presiding officer and the Clerk, shall be considered approved without
reading; provided that the Clerk shall place a copy of the minutes of each meeting, as soon
as they have been completed, at a designated place in the Clerk's office where they may be
examined by the Commissioners prior to formal approval. All minutes shall be summary in
nature and not verbatim. A copy of such minutes shall, upon completion by the Clerk, be
delivered to the City Manager and City Attorney. The minutes of prior meetings may only
be approved by a majority of the Commissioners present at a meeting of the Commission, and
upon such approval shall become the official minutes.
Rule 5.06.
ORDINANCES. RESOLUTIONS. MOTIONS. CONTRACTS.
(a) PREPARATION AND ENACTMENT OF ORDINANCES. The City Attorney,
when requested, 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. On first reading of ordinances there shall be no discussion by either City
Commissioners, City staff or members of the public unless otherwise decided by the Mayor.
On first reading only, the Commission may either vote for all ordinances in one vote or may
vote separately on any ordinance. At public hearing, each ordinance shall be voted on
individually by a call of the roll. Only resolutions and motions may be enacted by voice vote
calling for "ayes" or "no" on the question.
(b) APPROVAL BY CITY ATTORNEY. All ordinances, resolutions and contract-
documents, before presentation to the Commission, shall have been reduced to writing and
shall have been appro~ed as to form and legality by the City Attorney. Prior to presentation
all such documents may be referred to the head of the department under whose jurisdiction
the administration of the subject matter of the ordinance, resolution or contract document
would devolve.
( c) INTRODUCTION AND SPONSORSHIP. Ordinances, resolutions and other matters
and subjects requiring action by the Commission must be introduced and sponsored by a
member of the Commission, except that either the Manager or the City Attorney may present
ordinances, resolutions and other matters or subjects to the Commission for consideration,
and any Commissioner may assume sponsorship thereof by moving that such ordinance,
resolution, matter or subject be adopted in accordance with law; otherwise they shall not be
considered.
(d) SUNSET. There is no requirement for any ordinance to contain a sunset provision.
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(e) ZONING EXCEPTION. The provisions ofthis Rule 5.06 shall not be applicable to
zoning resolutions which shall be governed exclusively by Chapter 33 of the code.
(t) NO COMMISSION JURISDICTION. Prior to the Commission's considering any
resolution over which the Commission does not have substantive jurisdiction, including
resolutions expressing the Commission's intent or opinion, a preliminary vote shall be taken
to determine whether it is appropriate for the Commission to consider such resolution. Unless
the Commission, by a two-thirds (2/3) vote of the members present, agrees to consider the
resolution, the resolution shall be deemed to have failed. If the Commission agrees to
consider the resolution, the resolution shall be heard after all other resolutions sponsored by
Commissioners have been addressed by the Commission. If the Commission decides to
discuss such resolution, the resolution shall require a two-thirds (2/3) affirmative vote ofthe
Commissioners present in order to be passed. The provisions of this ordinance shall not apply
to resolutions relating to state or federal legislative priorities.
(g) COMMITTEE CONSIDERATION. No resolution or ordinance for second reading,
unless it pertains to administrative issues as opposed to policy issues, shall be considered by
the Commission until after it has been reviewed by the appropriate committee or committees.
The City Attorney shall forward Commissioner-sponsored resolutions and ordinances to an
assistant City Manager or department director for placement on the appropriate committee
agenda prior to the item's appearing on the Commission agenda. Notwithstanding the
foregoing, the Commission, by a two-thirds (2/3) vote of the entire membership, and upon
good cause shown in writing, may vote to consider any ordinance or resolution before it has
gone to the appropriate committee or committees. These items shall be listed separately on
the agenda. All items submitted to committee shall be discharged by the committee within
forty-five (45) days. If the committee fails to discharge timely, the item shall be deemed to
have been considered by committee.
(h) WHEN ACTION TO BE TAKEN BY RESOLUTION OR ORDINANCE. Any
actions of the Commission may be taken by motion, resolution or ordinance except that any
action of the Commission which provides for raising revenue, appropriating funds or incurring
indebtedness (other than refunding indebtedness), or which provides a penalty or establishes
a rule or regulation for the violation of which a penalty is imposed, shall be by ordinance.
(i) ORDINANCES AFFECTING MUNICIPALITIES. Any proposed City ordinance
which would directly affect the jurisdiction or the duties of municipalities and their officers
shall be brought forward for second reading no sooner than six (6) weeks after its passage on
first reading. Immediately following the board's approval ofthe ordinance on first reading, the
Clerk of the City Commission shall notify each municipal Clerk in the City of the approval on
first reading of each such ordinance by the City Commission together with the date on which
public hearing and second reading is scheduled to be held. This subsection shall be construed
as directory only, and failure to comply with the provisions hereof shall not affect the validity
of any ordinance.
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Rule 5.07.
STATEMENT OF FISCAL IMPACT REOUIRED FOR ORDINANCES;
EXCEPTIONS
Prior to the second reading of any ordinance, the City Manager shall prepare a written statement
setting forth the fiscal impact, if any, of the proposed ordinance. No ordinance shall be considered
on second reading if the statement of fiscal impact is not submitted with the ordinance as part of the
agenda. The provisions of this rule shall not apply to any emergency ordinance or any budget
ordinance.
Rule 5.08.
LIMITATION ON AGENDA ITEMS.
No Commissioner shall sponsor or co-sponsor a total of more than three ordinances for first reading
and three resolutions at any Commission meeting. This provision shall not be applied to ordinances
or resolutions which are intended to correct scrivener's errors.
Rule 5.09. ENDING THE MEETING.
In accordance with the City Charter no meeting of the Commission shall extend later than midnight
except upon the affirmative vote of a majority of the members present at the meeting.
PART 6. PUBLIC PARTICIPATION
Rule 6.01. PERSONS AUTHORIZED ON THE DAIS.
No person, except City officers or their representatives, shall be permitted on the dais unless
authorized by the presiding officer or a majority of the Commission.
Rule 6.02.
CITIZENS PRESENTATIONS: PUBLIC HEARINGS.
(a) CITIZENS' PRESENTATIONS. Any citizen shall be entitled to be placed on the
official agenda of a regular meeting of the Commission and be heard concerning any matter
within the scope of the jurisdiction of the Commission. Only Commissioners and the City
Manager may place a citizen on the official agenda. The deadline for placing a citizen on the
agenda is noon on Monday of the week of the meeting at which said citizen wishes to be
heard.
(b) PUBLIC HEARINGS. Any citizen shall be entitled to speak on any matter
appearing on the official agenda under the section entitled "Public Hearings".
(c) PUBLIC DISCUSSION ON AGENDA ITEMS. No citizen shall be entitled as a
matter of right to address the Commission on any matter listed on or added to the official
agenda which is not scheduled for public hearing, discussion or debate. Citizens shall not be
permitted to speak on any matters listed on the official agenda unless the Commission shall
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first grant permission to be heard by majority vote of the Commission members present. When
the Commission considers an agenda item that is not a public hearing and on which the public
comment is either unanimously in favor or unanimously against the item's passage, input from
members of the public shall be limited to no more than five (5) minutes on any given item.
Rule 6.03.
REGISTRATION OF SPEAKERS.
(a) Registration of speakers may be required by the presiding officer. If so, the Clerk
shall prepare appropriate registration cards which should indicate the speaker's name, the
agenda item on which he or she is speaking, and whether he or she is speaking in favor of or
against the proposed item.
(b) If registration is required on a particular agenda item, failure to comply with the
registration provisions of this paragraph shall prohibit a person from speaking.
(c) For anyone (1) agenda item, no more than one-half (1/2) hour per side shall be
allocated to speakers from the public. The presiding officer shall limit the time of each
individual speaker in order to insure compliance with this rule.
Rule 6.04.
ADDRESSING COMMISSION. MANNER. TIME
Each person, other than salaried members of the City 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:
(a) Name;
(b) Address;
(c) Whether the person speaks on his or her own behalf, a group of persons, or a third
party; if the person represents an organization, the person shall also indicate the
number of members in the organization, the annual dues paid by the members, 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;
(d) Compensation, if any;
( e) Whether the person or any immediate family member has a personal financial interest
in the pending matter, other than as set forth in (d).
Unless further time is granted by the Commission, the statement shall be limited to five (5) minutes.
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 a Commissioner except through the presiding officer.
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Rule 6.05.
DECORUM
Any person making impertinent or slanderous remarks or who becomes boisterous while addressing
the Commission shall be barred from further appearance before the Commission by the presiding
officer, unless permission to continue or again address the Commission is granted by the majority vote
of the Commission members present.
No clapping, applauding, heckling or verbal outbursts in support or opposition to a speaker or his or
her remarks shall be permitted. Signs or placards may be disallowed in the Commission chamber by
the presiding officer. Persons exiting the Commission chambers shall do so quietly.
PART 7. RULES OF DEBATE
Rule 7.01.
RULES OF DEBATE
(a) QUESTIONS UNDER CONSIDERATION. On any agenda item, in order for debate
to ensue, the presiding officer shall call for a motion to accept the matter at hand, whether it
is an ordinance, resolution, motion, etc., for "discussion purposes only" and upon receipt of
a second to that motion, debate may begin. When a motion is presented and seconded, it is
under consideration and no other motion shall be received thereafter, except to adjourn, to
lay on the table, (to lay the pending question aside temporarily when something else of
immediate urgency has arisen), to postpone, or to amend the motion until the question is
decided. These motions shall have preference in the order in which they are mentioned and
the first two shall be decided without debate. Final action upon a pending motion may be
deferred until a date certain by a majority of the members present. If, after debate, the motion
requires amendment, then the Commissioner making a motion shall state as follows: "I move
we adopt Ordinance (resolution) as read" ["as amended" by Commissioner 1-
The City Attorney or the City Clerk may request and/or assist with a restatement of the
motion for the record. The Commissioner seconding said motion shall say "I second the
motion ["as amended"]."
(b) AS TO THE PRESIDING OFFICER. The Mayor, as presiding officer, shall not
move or second an item of debate. The presiding officer, however, upon relinquishing the
chair, may move or second an item, vote, subject only to such limitations as are by these rules
imposed upon all members.
(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 avoiding all personalities and
indecorous language.
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(d) INTERRUPTION; CALL TO ORDER; APPEAL A RULING OF THE CHAIR.
A member once recognized shall not be interrupted when speaking unless it be a call to order
or as herein otherwise provided. If a member be called to order, the member shall cease
speaking until the question of order be determined by the presiding officer, and ifin order, the
member shall be permitted to proceed. Any member may appeal to the Commission from the
decision of the presiding officer upon a question of order when, without debate, the presiding
officer shall submit to the Commission the question, "Shall the decision of the chair be
sustained?" and the Commission shall decide by a majority vote.
(e) TIME LIMIT FOR DEBATE. Debate on any motion pertaining to an item on the
consent agenda shall be limited to two (2) minutes. After two (2) minutes of debate the item
shall be removed from the consent agenda and placed on the regular City Commission agenda.
The discussion by the Commissioners on anyone item shall not exceed one-half(l/2) hour.
(f) PRIVILEGE OF CLOSING DEBATE. The Commissioner sponsoring or moving the
adoption of an ordinance, resolution or motion shall have the privilege of closing the debate.
(g) METHOD OF VOTING. 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, or paper ballot (at the decision of the majority of the Commission in certain
circumstances) depending on whether the ballot is on an ordinance or resolution or motion.
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 requested, so
that the Commissioner who voted first on a preceding roll call shall vote last upon the next
subsequent matter; provided, however, that the presiding officer, if a member of the
Commission, shall always cast the last vote.
The Clerk shall call the roll, tabulate the votes, and announce the results. The vote upon any
resolution, motion or other matter may be by voice vote as previously noted, provided that
the presiding officer or any Commissioner may require a roll call to be taken upon any
resolution or motion.
(h) EXPLANATION OF VOTE; CONFLICTS OF INTEREST. There shall be no
discussion by any Commissioner voting, and the Commissioner shall vote yes or no. Any
Commissioner, upon voting, may give a brief statement to explain his or her vote. A
Commissioner shall have the privilege offiling with the Clerk a written explanation of his or
her vote. Any Commissioner with a conflict of interest on a particular matter shall refrain
from voting or otherwise participating in the proceedings related to that matter and may leave
the Commission chambers until the consideration of that matter is concluded. Any such
Commissioner who does not leave the chambers shall be deemed absent for purposes of
constituting a quorum, counting the vote, or for any other purpose.
(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
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without prejudice to its reintroduction on a de novo basis at a later time; 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.
G) 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.
(k) NO MOTION OR SECOND. If an agenda item fails to receive a motion or second,
it shall be removed from the agenda and shall be reintroduced only in accordance with the
renewal provisions of Rule 7.01(m).
(1) RECONSIDERATION. An action of the Commission 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 upon affirmative vote of two-
thirds (2/3) of those Commissioners present. Adoption of a motion to reconsider shall rescind
the action reconsidered.
(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 (3) month period following the said action (subject to the provisions of Rule 7.01(1),
unless application for renewal by three (3) Commissioners is first submitted to the presiding
officer. 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 (3)
month period, the presiding officer may declare the proposal out of order.
(n) ADJOURNMENT. A motion to adjourn shall always be in order and decided without
debate.
(0) SUSPENSION OF THE RULES. No rule of procedure adopted by this board shall
be suspended except by an affirmative vote of two-thirds (2/3) ofthe Commissioners present.
PART 8. ADDmONAL ORDINANCES
PROSCRIBING CITY COMMISSION PROCEDURE
Rule 8.01. REPRESENTATION OF SUNNY ISLES BEACH
Whenever the Commission deems it necessary or desirable that the Commission shall be represented
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at meetings, conferences or other occasions involving other governmental entities, agencies, officials
or groups, or non-governmental 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 disapprove any such appointment. Such
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.
Rule 8.02. 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. If any section, subsection, sentence, clause or provision of this ordinance is held invalid,
the remainder of this ordinance shall not be affected by such invalidity.
Section 4. It is the intention of the City Commissioners, 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. The sections of this ordinance may be renumbered or
re-Iettered to accomplish such intention, and the word "ordinance" may be changed to
"section," "article," or other appropriate word.
Section 5. This ordinance shall become effective ten days after adoption on second reading.
PASSED AND ADOPTED on first reading this 8th day of January, 1998.
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PASSED AND ADOPTED on second reading this .22:: day of
ATTEST:
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APPROVED BY CITY ATTORNEY
AS TO FORM AND LEGAL SUFFICIENCY:
Vote:
Mayor Samson
Vice-Mayor Turetsky
Commissioner Iglesias
Commissioner Kauffinan
Commissioner Morrow
Motion on second reading by: ~. K~
Second on second reading by:~.. AAW"veW
v(Yes)
~
~
~s)
\/(yes)
_(no)
--.0no)
_(no)
_(no)
_(no)
-14-