Sec. 2-26. Rules of the city council.
(Code 1963, § 2-1; Ord. No. 19-1991, § 1, 5-28-91; Ord. No.
17-1993, § 1, 5-25-93; Ord. No. 45-1993, § 1, 11-9-93; Ord. No. 24-1998, § 1,
9-8-98; Ord. No. 38-1998, § 1, 10-27-98; Ord. No. 23-1999, § 1, 8-10-99; Ord.
No. 41-1999, § 1, 11-23-99; Ord. No. 14-2001, § 1, 6-12-01; Ord. No. 4-2004, §
1, 1-27-04)
Sec. 2-26. Rules of the city council.
The following are the rules of procedure of the city
council:
(1) Rule
1 .
The city council shall meet at the council chamber on the second and fourth
Tuesday in each month at 6:30 p.m., provided that the city council by majority
vote may reschedule a regular meeting date and/or place on seven (7) days'
notice to the public.
(2) Rule
2 .
The mayor shall take the chair at the hour appointed for any regular, adjourned,
or special meeting; shall immediately call members to order upon the
determination that a quorum is present.
(3) Rule
3 .
The mayor shall preserve order and decorum and take appropriate action to carry
out this duty. The council shall appoint all committees, unless otherwise
provided for by ordinance, and the mayor shall appoint the chairman of each
committee.
(4) Rule
4 .
In absence of the mayor at any regular, adjourned or special meeting, the
vice-mayor shall perform the duties of the mayor.
(5) Rule
5. The
following order shall be observed in the transaction of business on the second
and fourth Tuesday of each month:
f. Presentations (authorized in advance by city
council).
h. Petitions and requests from the public
present.
i. Ordinances, first reading.
j. Ordinances, second reading, public hearings
and related action.
m. Petitions and requests from the public
present.
n. Boards and commissions.
o. Mayor and council reports.
p. City manager's report.
q. City attorney's report.
The council shall, to the extent possible, commence the public
hearings portion of the agenda at 7:00 p.m. and to the extent possible adjust
the order of business at the meeting to accommodate the advertised public
hearings.
To the extent possible, the council will attempt to adjourn its
meetings no later than 10:30 p.m. If the 10:30 p.m. deadline approaches before
all agenda items are dealt with, then, in that event, the mayor shall call for a
vote of the council to either extend the meeting past 10:30 p.m. or to adjourn
and establish a continued meeting date and time to consider unfinished business.
A majority vote of council shall be required to either extend or continue such
meeting. In the absence of a majority vote (i.e. tie vote), the meeting will be
continued to another date.
Citizens desiring to be heard during theConsent
agenda, first reading and
Old
and new business portions
of the agenda, may sign a request to be heard at the city council meeting on a
form prepared by the city manager and present said form to the city clerk at the
meeting prior to the item being heard on the agenda. Citizens desiring to be
heard during those portions of the agenda, shall be limited to three (3) minutes
unless extended by a majority vote of the city council. Comments will be limited
to the issue presently pending before the council.
Any citizen desiring to comment under the boards and commissions,
mayor and council report, city manager's report, and city attorney's report
portions of the agenda may do so under the portion of the agenda forPetitions
and Requests from
the public present.
The city manager shall prepare the agenda for all meetings
consistent with the policies of the city council. The city manager may prepare
forms and rules for placement of the items on the agenda and determine the
location of citizens on the agenda and shall have the right to defer placement
of an item to a later meeting in the interest of meeting length or staff
preparation; provided, however, that such decisions may be appealed to the city
council at the next meeting. The city council may take up any item not on the
agenda or change the order of business at any meeting with a majority vote of
the council.
(6) Rule
6 .
Every appointed board or commission shall report to the council at the time set
by the city council or show cause why not.
(7) Rule
7 .
Every ordinance except ordinances which rezone private real property initiated
by the city, its departments, or boards and commissions, may be read by title,
or in full, on at least two (2) separate days and shall, at least ten (10) days
prior to adoption, be noticed once in a newspaper of general circulation in the
municipality. The notice of proposed enactment shall state the date, time and
place of the meeting, the title or titles of proposed ordinances and the place
or places within the municipality where such proposed ordinances may be
inspected by the public. Such notice shall also advise that interested parties
may appear at the meeting and be heard with respect to the proposed
ordinance.
a. An emergency ordinance, without complying with
the foregoing requirements, may be enacted by a two-thirds ( 2/3) vote of the
members of the entire council. No emergency ordinance shall be enacted which
rezones private real property. The procedure for enactment of ordinances which
rezone private real property initiated by the city departments, boards and
commissions, shall be in accordance with F.S. § 166.041(3)(c) and such procedure
is hereby adopted by reference as if set forth herein in full. A copy of this
procedure is on file with the city clerk.
b. All ordinances and resolutions passed by the
council shall become effective ten (10) days after passage or as otherwise
provided in such ordinances or resolutions.
(8) Rule
8 .
In all cases each member of the council shall vote unless a member abstains
where he believes he may have a conflict of interest. That member shall state
the reason for abstaining and follow the procedure in F.S. § 112.3143(3). In the
event of a roll call vote, the order of voting shall begin with the
councilmember on the far right of the chair and rotate to the left for the
beginning of each succeeding vote. In all matters coming before council a
majority vote shall govern except as provided in section 23 of the
Charter.
(9) Rule
9 .
All resolutions shall be reduced to writing.
(10) Rule
10 .
Whenever the mayor shall desire to make a motion upon any matter he shall
designate some member of the council to take the chair.
(11) Rule
11 .
No member, while the council is in session, shall offer any motion, or make any
remark, or speak on any subject under discussion, without first addressing and
being recognized by the chair. When more than one member shall rise at or near
the same time, the mayor shall decide in favor of that one who shall first
attract his attention, and no member shall interrupt another while speaking,
except to call him to order.
(12) Rule
12 .
The mayor shall decide all questions of order, but any member dissatisfied with
any of his decisions shall have the right to appeal to the council.
(13) Rule
13 .
A motion to reconsider any of the proceedings of the council will not be
entertained, unless it is made by a member who previously voted in the majority,
nor shall it be entertained at any other meeting than the one at which the
proceedings were had or the meeting immediately
following
.
(14) Rule
14 .
Any additional rule or rules may from time to time be made by council, but no
alteration of a rule or adoption of a new rule shall take place without the
consent of three-fifths of the members present and upon one month's
notice.
(15) Rule
15 .
The clerk shall keep a separate book in which shall be entered these and all
other rules and ordinances, which the council shall pass.
(16) Rule
16 .
No person other than a member of the council and city staff shall be allowed to
address the council unless he is recognized by the mayor during a declared
public hearing or unless agreed to by a majority vote of the city council except
as provided in Rule 5.
(17) Rule
17 .
No communication to the council will be entertained unless the communication is
in writing.
(18) Rule
18 .
The mayor, when the council is in session, shall enforce parliamentary rules for
its government, so far as they are applicable to such a legislative body.
Robert's Rules of Order, Newly Revised edition, is hereby adopted by reference
as the official guide for the mayor and the city council in the conduct of its
business. Any rule provided for in this article in conflict with Robert's Rules
of Order, Newly Revised edition, shall supersede the provisions contained in
Robert's Rules of Order.
(19) Rule
19 .
Any of the foregoing rules may be suspended by a unanimous vote of the council
for the meeting in session.
(20) Rule
20 .
No person shall be permitted on the platform where the city council is seated
except members of the council and officers of the city, unless they are invited
by the council.
(21) Rule
21 .
A roll call vote may be called for on any question whenever requested by a
member of the city council.
(22) Rule
22 .
If any member of the city council wishes to withdraw or leave the council
chamber or place of meeting while the council is in session, the member must
notify the mayor.
(Code 1963, § 2-1; Ord. No. 19-1991, § 1, 5-28-91; Ord. No.
17-1993, § 1, 5-25-93; Ord. No. 45-1993, § 1, 11-9-93; Ord. No. 24-1998, § 1,
9-8-98; Ord. No. 38-1998, § 1, 10-27-98; Ord. No. 23-1999, § 1, 8-10-99; Ord.
No. 41-1999, § 1, 11-23-99; Ord. No. 14-2001, § 1, 6-12-01; Ord. No. 4-2004, §
1, 1-27-04)
Charter
references: Organizational
meeting, § 20; regular meeting, § 21.
State
law references: Voting
conflicts, F.S. §§ 112.3143(3), 286.012; procedure for adoption of ordinances,
F.S. § 166.041.