05-06-08 Item 12I ?%
1 ORDINANCE NO.
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4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
5 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
6 AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER 2,
7 ARTICLE I, SECTION 2 -2.1 (H) AND (J) ESTABLISHING
8 PROCEDURES FOR PUBLIC COMMENTS IN ORDER TO
9 FACILITATE AN ORDERLY PROCESS IN MANAGING PUBLIC
10 COMMENTS; PROVIDING FOR SEVERABILITY, ORDINANCES IN
11 CONFLICT, AND AN EFFECTIVE DATE.
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13 WHEREAS, the City's current Code of Ordinances provides procedures for
14 addressing the Commission during Commission meetings; and,
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16 WHEREAS, the Mayor and City Commission desire to amend its code to establish
17 procedures for public comments during Commission meetings to allow for an orderly
18 process, which would permit the Commission to attend to the Commission agenda.
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20 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
21 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, that:
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2 Section 1. Chapter 2, Article I, Section 2 -2.1 of the Code of Ordinances of the
2z City of South Miami entitled "Rules of Procedure of City Commission," Sections (H)
24 and (J) are being amended as follows:
2
27 Sec. 2 -2.1. Rules of procedure of City Commission
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29 (H) ADDRESSING THE COMMISSION. Any person desiring to address the
30 Commission shall first secure the permission of the presiding officer so to do;
31 provided, however, that under the following hearings of business, unless the
32 presiding officer rules otherwise, any qualified persons may address the
33 commission without securing such prior permission.
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35 (1) Written communications. Interested parties or their authorized representatives
36 may address the Commission by first issuing a written communication(s)
37 submitted to the City Cler in regard to matters then under discussion.
38
39 (2) Oral communications. ,
40 legal representatives,
41 any matter- evef whie-h the eeffffnission has -eentt ev-ided, h&A,€vems -tit
42 pfeferenee shall be given to these_pe.sens who may have notified the eit<, elefk
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1 nadvane-e -of their -moire to speak deftla4the same on t
2 agenda of the eoinmisaiaft-.
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4 Interested persons or their authorized legal representatives, may address the
5 City Commission by oral communications or any matter identified on a
6 specific agenda, which item does not provide for a public hearing or other
7 matters within the jurisdiction of the City Commission. Speakers shall register
8 with the City Clerk before the start of the meeting. Preference shall be given to
9 those persons who register to speak on agenda items that do not have
10 scheduled public hearings. The Mayor shall assign a time limit of up to five
11 minutes for each speaker to keep the total time for agenda related public
12 comments to a maximum of thirty minutes. The thirty minute time limit for
.13 public comments may not be extended but may be carried over to the end of
14 the meeting once all City business has been completed. Speakers intending to
15 speak during scheduled public hearings are not required to register with the
16 City Clerk prior to the meeting. The time limit for speakers, other than the
17 applicant, addressing the Commission during a public hearing shall be five
18 minutes. Additional time may be granted by a majority vote of the City
19 Commission.
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21 (3) Reading of protests, etc. Interested persons or their authorized representatives
22 may address the Commission by reading of protests, petitions, or
23 communications relating to , hear-ings on
24 , in fegafd to maRefs then
25 under— eonsider-atien. matters identified on the agenda. The reading or
26 introduction of protests or petitions from the public may not be introduced in a
27 quasi-judicial proceedings unless every signatory is present at the hearing.
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29 (J) MANNER OF ADDRESSING COMMISSION; TIME LIMIT. Each person
30 addressing the Commission shall step up to the microphone, shall give his or her
31 name and address in an audible tone of voice for the public. record, and unless
32 further time is granted by the Commission, shall limit his or her address to five (5)
33 minutes the time limit assigned or until statements appear to be repetitive or
34 obstructive as determined by the presiding officer. All remarks shall be addressed
35 to the Commission as a body and not to any member. No person, other than the
36 person having the floor, shall be permitted to enter into any discussion, either
37 directly or through a member of the Commission, without the permission of the
38 presiding officer. No question shall be asked to a Commissioner except through the
39 presiding officer.
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41 Section 2. If any section, clause, sentence, or phrase of this ordinance is for any
42 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
43 shall not affect the validity of the remaining portions of this ordinance.
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Section 3. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are repealed.
Section 4. This ordinance shall be codified and included in the Code of
Ordinances.
Section 5. This ordinance shall take effect immediately upon enactment.
PASSED AND ADOPTED this day of , 2008.
ATTEST: APPROVED:
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
MAYOR
1St Reading —
2nd Reading —
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Wiscombe:
Commissioner Palmer:
Commissioner Beckman:
WAMy Documents\resolutions \Ordinance code updating ch 2 art I (3) public comments.revmm.doc
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