CITY OF
INTER-OFFICE CORRESPONDENCE
MEMORANDUM NO. 2008-024
TO: Mayor
Members of the City Commission
CC: Richard
Sala, City Manager
FROM: Samuel S. Goren, City Attorney
Jacob G. Horowitz,
DATE: February
26, 2008
RE: City of
UPDATE: MARCH 27, 2008
THIS ITEM WAS PREVIOUSLY PRESENTED TO THE CITY COMMISSION FOR
DISCUSSION. UPON DIRECTION OF THE CITY
COMMISSION, THE CITY ATTORNEY HAS PREPARED THE ATTACHED RESOLUTION OPPOSING
HOUSE BILL 991. TONIGHT WE ARE SEEKING
YOUR CONSIDERATION AND ADOPTION OF THIS RESOLUTION.
Please be advised that on February 19, 2008 Representatives Hukill, Nehr, Patterson, and Weatherford filed House Bill 991 (“HB991”), which proposes to amend Chapter 286, Florida Statutes, entitled “Public Business, Miscellaneous Provisions”, by creating the “Vox Populi – Voice of the People Act” (the “Act”). Specifically, HB991 proposes to impose a statutorily mandated process for public participation at meetings of local governmental authorities, including municipalities. A copy of HB991 is attached for your review.
Please consider the following:
1) The expressed purpose of HB991 is to “delineate and prescribe uniform requirements with respect to opportunities for citizen input and full citizen participation at official meetings of governing bodies of local government authorities.”
2) The Act would apply to regional, county, or municipal governmental entities, as well as special districts, community college districts, school districts, or any elected or appointed political subdivisions thereof. It would further apply to any regular meeting, special meeting or emergency meeting not otherwise exempt from the public meeting requirements under state or federal law.
3) HB991 recognizes that meetings of local governmental entities should “maintain a commitment to the principles of civility, honor and dignity” and includes a code of decorum for members of the public appearing before a government body. Specifically, members of the public must refrain from “profanity, cursing or exhibiting aggressive or threatening behavior” and there shall be “no personal verbal attacks towards any individual by either the governing body, staff, or citizens” allowed during the meeting.
4) The Act provides that “the governing body of a local government authority must provide opportunities for citizens to address issues at official meetings.” This section of the Act further details the manner in which such opportunities must be afforded, including, but not limited to the requirement that the governmental authority allocate a minimum of fifteen (15) minutes at the beginning of each meeting for public comment. The Chair is given the ability to divide up this allotted time, however in no case may a citizen be given less than three (3) minutes to speak. If a longer presentation by a member of the public is requested, the item shall be rescheduled and added to a future agenda for further consideration. A process is provided whereby members of the public must submit written requests to have items added to the governing body’s agenda. The individual making the request shall be granted all the time necessary to make their presentation.
5) HB991 further details a process for all public hearings. In addition to the notice requirements set forth, this Section provides that all ordinances shall follow the procedure for public hearings, and that the public must be afforded an opportunity to speak.
6) In addition to items considered as part of a public hearing, HB991 provides that the general public must be given an opportunity to speak for no less than three (3) minutes on all other agenda items. This includes the ability for citizens to pull items off the consent agenda.
7) The Act provides that at the conclusion of each agenda the governing body must schedule a time for reports from various boards, committee, and groups on which the local governmental body is represented. Again, the public must be given no less than three (3) minutes to speak on any items presented by such bodies.
8) If adopted, HB991 requires each local government authority must adopt a written policy that implements the requirements of this section by October 1, 2008 and that the policy must be prominently displayed at the site of all meetings.
9) Local governmental bodies are not precluded by HB991 from adopting policies that allow for “greater rights or opportunities” for citizens to comments at public meetings.
Please note that if HB991 is enacted by the Legislature, the Act will supersede the City’s Code provisions that govern the procedures for City Commission meetings. As such, it will be necessary that the City’s policies and procedures regarding public comment conform to the details set forth above. Our office will continue to monitor the status of HB991 and advise the City accordingly in the event that it becomes necessary to revisit the manner in which the City considers public comment at City Commission meetings.
If there are any additional questions regarding this matter, please do not hesitate to contact our office.
Enclosure(s)
SSG:JGH:js
RESOLUTION NO. __________________
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE,
FLORIDA, OPPOSING HOUSE BILL 991, KNOWN AS THE “VOX POPULI – VOICE OF THE
PEOPLE ACT”; FINDING THAT HOUSE BILL 991 IS UNNECESSARY AND ITS ADOPTION WILL
BE AN ENCROACHMENT ON THE MUNICIPAL HOME RULE AUTHORITY GRANTED BY THE FLORIDA
CONSTITUTION AND STATE STATUTES; URGING THE FLORIDA LEGISLATURE TO REJECT HOUSE
BILL 991; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE
GOVERNOR, THE BROWARD LEGISLATIVE DELEGATION AND OTHER MEMBERS OF THE FLORIDA
LEGISLATURE, AS WELL AS ALL MUNICIPALITIES LOCATED WITHIN BROWARD COUNTY AND
THE BOARD OF COUNTY COMMISSIONERS FOR BROWARD COUNTY; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on February 19, 2008 Representatives Hukill, Nehr, Patterson, and Weatherford filed House Bill 991 (hereinafter referred to as “HB991”), known as the “Vox Populi – Voice of the People Act”; and
WHEREAS, the expressed purpose of HB991 is to “delineate and prescribe uniform requirements with respect to opportunities for citizen input and full citizen participation at official meetings of governing bodies of local government authorities”; and
WHEREAS,
the
WHEREAS,
the
WHEREAS,
the
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF
Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution.
Section
2. The
Section
3. The City Clerk is hereby
directed to provide a certified copy of this Resolution to the Governor of the
State of
Section 4. All resolutions or parts of resolutions on in conflict herewith be, and the same are hereby repealed to the extent of such conflict.
Section 5. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution.
Section 6. This Resolution shall become effective immediately upon its passage and adoption.
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PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF
_____________________________
MAYOR JACK BRADY
________________________________
VICE MAYOR JOHN CANGEMI
ATTEST:
___________________________________
PATRICIA VANCHERI,
APPROVED AS TO LEGAL FORM
BY CITY ATTORNEY:
_____________________________
SAMUEL S. GOREN, ESQUIRE