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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I of the Code of Metropolitan Dade County as adopted by Charter for the City of Sunny Isles Beach, Florida, is hereby repealed in its entirety.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. -2- 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. -3- (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 -4- 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. -5- (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. -6- (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. -7- 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 -8- 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. -9- 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. -10- (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 -11- 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 -12- 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. ~ PASSED AND ADOPTED on second reading this .22:: day of ATTEST: · ~rA~ 4~~~ ,'MtrJ1k. Richard E. pwWn '"' /, "'.1/ \. City Cler~. -.',' ' . - (- , \ :'\ A_.;.;.;;._>__ -~ '.... . ..,.. :'.., r,.'''T,~. '-, . -". 1'\"-':-- , ; .. 'I' \ ' : . . ....,. "\ (..\ ,." .C' ' '.....'-.... ..~ . 'I< ~~ ~ -\t __:: _~ .r" <\' -13- ""t , . ~i 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-