Agenda 09/08/2015 Item #16K 59/8/2015 16.K.5.
EXECUTIVE SUMMARY
Recommendation to authorize the County Attorney to advertise an ordinance for future
consideration which would amend the Board's Meeting Ordinance (Ordinance No. 75 -16,
as amended), to provide for Electronic Meetings during when a quorum of the Board is
unable to meet at the Collier County Government Center due to extraordinary
circumstances.
OBJECTIVE: To specifically provide for the ability of the Board to meet electronically during
emergency situations by adding the following provision to the Board's Meeting Ordinance:
Electronic meetings. When a quorum of the Board is unable to meet at the Collier County
Government Center due to extraordinary circumstances, the Chairman or, in the Chairman's
absence, any member of the Board, may call for an electronic meeting. The electronic meeting
shall be conducted by teleconference, videoconference, or in such other manner as the County
Manager deems best given the existing circumstances and available technologies. The agenda for
such meeting_ shall be limited to those matters calling for immediate action or attention, such as a
Declaration of a State of Emergency. Prior to hearing the first item on the agenda, the
participating members must first make a finding that extraordinary circumstances exist to
warrant the electronic meeting. If after exercising due diligence the County Manager is unable to
reach three Board members, then in such event a quorum shall consist of two members of the
Board who may participate electronically. Notice of the Electronic Meeting shall be ,iven in the
same manner as a Special Meeting.
CONSIDERATIONS:
This past July 20t", the Board conducted a Special Meeting with respect to the vendor non-
payment issue. Since this occurred during the Board's summer break, only three Commissioners
were available to attend the meeting in person. In addition to the difficulties that would have
resulted had 3 or more Commissioners been away at that time, it occurred to me that the summer
recess is also Hurricane Season, and should a storm occur with a majority of the Board outside of
the County, that under the Board's current rules no meeting could be held.
Fla. Const. Art. 1, Sec. 24(b) provides:
"All meetings of any collegial public body of the executive branch of state government or of any
collegial public body of a county, municipality, school district, or special district, at which
official acts are to be taken or at which public business of such body is to be transacted or
discussed, shall be open and noticed to the public and meetings of the legislature shall be open
and noticed as provided in Article III, Section 4(e), except with respect to meetings exempted
pursuant to this section or specifically closed by this Constitution."
Fla. Const. Art. 1, Sec. 24(c) provides in relevant part, that "The legislature shall enact laws
governing the enforcement of this section..." The Legislature did so, enacting the Government
in the Sunshine Law, which provides in relevant part as follows:
Packet Page -3476-
9/8/2015 16.K.5.
F.S. Sec. 286.011 Public meetings and records; public inspection; criminal and civil
penalties. —
(1) All meetings of any board or commission of any state agency or authority or of any agency
or authority of any county, municipal corporation, or political subdivision, except as otherwise
provided in the Constitution, including meetings with or attended by any person elected to such
board or commission, but who has not yet taken office, at which official acts are to be taken are
declared to be public meetings open to the public at all times, and no resolution, rule, or formal
action shall be considered binding except as taken or made at such meeting. The board or
commission must provide reasonable notice of all such meetings.
Curiously, there is no statutory definition of what constitutes a "meeting," nor has any Court
weighed in on this issue. There is a string of opinions from the Attorney General, which although
not entirely consistent, as a whole opine that a member can attend remotely, providing that there
are extraordinary circumstances (such as illness), and that a quorum of the Board be physically
present, except in cases where official action is not taken, such as a workshop, for which
electronic attendance is acceptable. None of these opinions, however, address the propriety of
conducting a meeting electronically when a quorum of the Board cannot meet due to
extraordinary circumstances.
The latest edition of Robert's Rules of Order expressly authorizes the use of Electronic
Meetings, provided that there are additional rules regarding its conduct. Since there is no Florida
Statute to the contrary, it is my opinion that under the Board's Home Rule Powers any action
taken by the Board during such a meeting would be upheld if challenged.
Lastly, I am proposing reducing the quorum for an Electronic Meeting to two Commissioners,
which is the number necessary to take Board action when the normal quorum of three is present.
The reason for this is that this provision is for extraordinary circumstances. Communications
during certain events such as hurricanes can go off -line. If the County Manager is physically
unable to reach three members, the two that can be reached can take any and all necessary action.
FISCAL IMPACT: None
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: The proposed amendment has been drafted by the County
Attorney and is legally sufficient for Board action. This item requires majority vote. – JAK
RECOMMENDATION: That the Board approves the proposed amendment to the Meeting
Ordinance and authorizes the County Attorney to advertise this amendment and return to the
Board for approval.
Prepared By: Jeffrey A. Klatzkow, County Attorney
Packet Page -3477-
9/8/2015 16.K.5.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.5.
Item Summary: Recommendation to authorize the County Attorney to advertise an
ordinance for future consideration which would amend the Board's Meeting Ordinance
(Ordinance No. 75 -16, as amended), to provide for Electronic Meetings during when a quorum
of the Board is unable to meet at the Collier County Government Center due to extraordinary
circumstances
Meeting Date: 9/8/2015
Prepared By
Name: NeetVirginia
Title: Legal Assistant/Paralegal, CAO Office Administration
8/13/2015 3:24:48 PM
Submitted by
Title: County Attorney,
Name: KlatzkowJeff
8/13/2015 3:24:49 PM
Approved By
Name: KlatzkowJeff
Title: County Attorney,
Date: 8/14/2015 4:27:55 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 8/17/2015 9:12:42 AM
Name: lsacksonMark
Title: Division Director - Corp Fin & Mgmt Svc. Office of
Date: 8/18/2015 9:52:30 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Packet Page -3478-
Date: 8/19/2015 4:10:54 PM
Packet Page -3479-
9/8/2015 16.K.5.
9/8/2015 16.K.5.
ORDINANCE NO. 2015-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING SECTION ONE OF
ORDINANCE NO. 75 -16, AS AMENDED, "MEETINGS OF THE BOARD
OF COUNTY COMMISSIONERS," SO AS TO ALLOW FOR
"ELECTRONIC MEETINGS" DURING EMERGENCY SITUATIONS;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on April 22, 1975, the Board of County Commissioners (Board) adopted
Ordinance No. 75 -16 which established the time, place and conduct of its meetings; and
WHEREAS, subsequent amendments to Ordinance No. 75 -16 reflect the evolving
practices and procedures relating to the meetings of the Board of County Commissioners; and
WHEREAS, the Board desires to further amend Ordinance No. 75 -16 to specifically
provide the Board with the ability to meet electronically during emergency situations.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION ONE OF ORDINANCE NO. 75 -16, AS
AMENDED.
Section One is hereby amended as follows:
I . Meetings of the Board of County Commissioners:
(a) Regular meetings. The Board of County Commissioners shall normally hold its
regular meeting at 9:00 a.m. each second and fourth Tuesday, except on a day
designated as a holiday, interim recess, or as otherwise directed by an affirmative
vote of the majority of all Board members present. Meetings may be postponed or
cancelled by an affirmative vote of the majority of all Board members present.
Meetings shall normally be held at the Collier County Government Center and
shall be open to the news media and the public. Meetings may be held in other
locations within the County.
(b) Special meetings. When the Chairman or a majority of the Board calls a special
meeting, the County Manager or his designee shall notify the Clerk, the County
Attorney, and issue press releases advising of the place, date and hour of the
meeting and the purpose for which the meeting is called.
Words Underlined are added; Words Stfusli 44reugh are deleted.
Packet Page -3480-
9/8/2015 16.K.5.
(c) Electronic meetings. When a quorum of the Board is unable to meet at the Collier
County Government Center due to extraordinary circumstances, the Chairman or,
in the Chairman's absence, any member of the Board, may call for an electronic
meeting. The electronic meeting shall be conducted by teleconference,
videoconference, or in such other manner as the County Manager deems best
given the existing circumstances and available technologies. The agenda for such
meeting shall be limited to those matters calling for immediate action or attention,
such as a Declaration of a State of Emergency. Prior to hearing the first item on
the agenda, the participating members must first make a finding that extraordinary
circumstances exist to warrant the electronic meeting. If after exercising due
diligence the County Manager is unable to reach three Board members, then in
such event a quorum shall consist of two members of the Board who may
participate electronically. Notice of the Electronic Meeting shall be given in the
same manner as a Special Meeting.
(e d) Agenda. There shall be an official agenda for each meeting of the Board, which
shall determine the order of business conducted at the meeting.
(1) The Board shall not take action upon any matter, proposal, report or item
of business not listed upon the official agenda, unless a majority of the
Board present consents.
(2) The County Manager shall prepare each agenda in appropriate form
approved by the Board. Matters may be placed on the agenda by the
County Manager, any County Commissioner, the Clerk, the County
Attorney, and the constitutional officers. The agenda shall be prepared and
distributed not later than four days preceding the regular meeting.
(3) Prior to the publishing of the agenda, matters placed on the agenda should
include as much supporting documents, information, and materials as is
needed to aid the Board in its preparation and deliberation of the agenda
item. Documents, information and materials will not be accepted by the
Board following publication of the agenda unless offered by a
Commissioner or the County Manager. Should additional documents,
information and materials be presented to the Board following publication,
the Board may, by a majority vote of those present, elect to either continue
the agenda item to a future Board meeting, or waive this requirement and
hear the matter if it determines that the agenda item is of significant public
importance and should not be postponed.
(4) All requests for a continuance of an agenda item, including matters
advertised for a public hearing, require Board of County Commission
approval. No person shall be entitled to rely for any reason upon any
assurances that an agenda item or public hearing will be continued. A
continuance shall only be granted by an affirmative vote of the majority of
the Board Members present.
Words Underlined are added; Words Sit► i- Phfoug# are deleted.
Packet Page -3481-
9/8/2015 16. K. 5.
(d e) Presiding officer, election, duties. The presiding Chairman and Vice - Chairman
shall be elected by a majority of the members of the Board of County
Commissioners and said election shall occur at the first regularly scheduled Board
meeting in January of each year. In the event that the Chairman and/or the Vice -
Chairman are not reelected as Commissioners in any given year, unless a Special
Meeting is called, the Board of County Commissioners shall elect a Chairman
and/or Vice - Chairman, as applicable, at the first regularly scheduled Board
meeting on or after the second Tuesday after the election to temporarily serve
until the first regularly scheduled Board meeting in January at which time the
scheduled election shall take place. However, the Chairman and the Vice -
Chairman shall serve at the pleasure of the Board. The Vice - Chairman shall
preside in the absence of the Chairman. With respect to all matters outside of
meetings (see subsection (e) below), in the absence of both the Chairman and the
Vice - Chairman, the immediate past Chairman shall act as temporary Chairman,
and if there is no immediate past Chairman, then the longest tenured
Commissioner shall so act. The Chairman shall become the presiding officer
immediately after his or her election. The Chairman shall preserve order and
decorum at all meetings. He shall state every question and announce the decision
of the commission on each item of business. The majority vote of the members
present shall determine all questions of order not otherwise covered. The
Chairman may vote on any question, his or her name being called last. The
Chairman shall sign all ordinances, resolutions and legally binding documents
adopted by the Commission during his or her presence. In his or her absence, such
ordinances, resolutions and legally binding documents shall be signed by the
presiding officer.
(e f) Call to Order. At the hour appointed for the meeting, the Chairman shall
immediately call the Commission to order. In the physical absence of the
Chairman, and the Vice - Chairman, the Board members present shall elect a
temporary Chairman and a temporary Vice - Chairman by majority vote, and the
Chairman so elected shall then call the meeting to order and shall serve until
arrival of the Chairman or Vice - Chairman.
(f g) Quorum. A majority of the Board shall constitute a quorum. No resolution, legally
binding document or motion shall be adopted by the Board without the
affirmative vote of the majority of all members present. Should no quorum attend
within 30 minutes after the hour appointed for the meeting, the Chairman, Vice -
Chairman, or in their absence, the Clerk or his designee, may adjourn the meeting.
(g h) Super - Majority Exception. Whenever provided by general law, special law,
ordinance, or as specified by resolution adopted by a majority of the full
membership of the Board, and notwithstanding subsection (f), a motion,
ordinance, legally binding document or resolution may be required to be adopted
by an affirmative vote of four -fifths (4/5) of the full membership of the Board.
Words Underlined are added; Words Strook :Pffeao are deleted.
^___ , _f!
Packet Page -3482-
9/8/2015 16.K.5.
(h J Rules of debate. The following rules of debate shall be observed by the Board.
Except as herein provided questions of order and the conduct of business shall be
governed by Robert's Rules of Order.
(1) Motion under consideration. 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 postpone, or to amend until the
question is decided. These countermotions 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
the next meeting by majority of the members present.
(2) Chairman participation. The presiding Chairman may move, second and
debate from the chair, and shall not be deprived of any of the rights and
privileges of a Commissioner by reason of being the presiding Chairman.
(3) Form of address. Each member shall address only the presiding officer for
recognition, shall confine himself to the question under debate, and shall
avoid personalities and indecorous language.
(4) Interruption. A member, once recognized, shall not be interrupted except
by a call to order or as herein otherwise provided. If a member is called to
order, he shall stop speaking until the question is determined by the
presiding officer. Any member may appeal the decision of the Chairman
to the Board for decision by majority vote.
(5) Privilege of closing debate. The Commissioner moving for the adoption of
an ordinance, resolution or other act shall have the privilege of closing
debate unless otherwise directed by the Chair.
(6) The question. Upon the closing of debate any member may require a roll
call vote. Any member may give a brief statement or file a written
explanation of his or her vote.
(i j) Minutes. The minutes of prior meetings approved by a majority of the members
present shall become the official minutes. Each resolution, ordinance and legally
binding document shall be signed by the presiding officer at the meeting and by
the Clerk and entered in the minutes.
SECTION TWO: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
Words Underlined are added. Words StFwh —Thr-ough are deleted.
Packet Page -3483-
9/8/2015 16.K.5.
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or
relettered to accomplish such, and the word 'ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of .2015.
ATTEST:
DWIGHT E. BROCK, CLERK
I1
, Deputy Clerk
Appj`ed t �fa legality:
Jelir v A. l latzkox
County llttomeNe
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
TIM NANCE, CHAIRMAN
Words Underlined are added: Words Stmak Thfough are deleted.
-_ 1 Pr
Packet Page -3484-