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Agenda 12/09/2014 Item # 10A 12/9/2014 10.A. EXECUTIVE SUMMARY Recommendation to adopt a Resolution creating the Collier County EMS Fire Districts Merger Ad Hoc Committee. OBJECTIVE: To create a citizen, EMS, and fire district ad hoc committee to review the potential opportunity for county-wide EMS and fire districts merger. CONSIDERATIONS: In November 2014, there were two significant fire mergers votes. Voters approved the merger of East Naples and Golden Gate Fire Districts which then became the Greater Naples Fire Rescue District. Voters also approved the North Naples Fire Control and Rescue District and Big Corkscrew Island Fire Control and Rescue District's merger into the North Collier County Fire Control and Rescue District. Benefits of EMS Fire Districts Merger Committee. • Will provide input from all fire districts that wish to participate. • Allows for citizen input into the potential merger of all fire districts and EMS. • Opens up communication between fire districts to discuss each district's needs, expectations and goals if county-wide merger were to take place. • Creates an open platform for developing a potential EMS/fire district merger plan of action if the EMS Fire District Merger Committee agrees to move forward towards county-wide merger. The composition of the Committee would be as follows: 1. Five citizens appointed by the Board of County Commissioners. 2. One union representative to be selected by the respective union leaders in the Greater Naples Fire Rescue District, the Immokalee Fire Control and Rescue District, the North Collier County Fire Control and Rescue District, the Marco Island Fire-Rescue Department, and the City of Naples Fire-Rescue Department. 3. One EMS union representative to be selected by the EMS union. 4. One fire commissioner representative for the Greater Naples Fire Rescue District, the Immokalee Fire Control and Rescue District, and the North Collier County Fire Control and Rescue District, as selected by their respective boards. 5. One Council member from the City of Marco Island, City of Naples, and City of Everglades to be selected by each City Council willing to participate in this Committee. Packet Page-366- 12/9/2014 10.A. 6. Commissioner Henning, who would serve as the presiding officer of the committee. As president officer, Commissioner Henning would have no vote, and would conduct the meetings as set forth in Chapter XV of Robert's Rules of Order(11th Edition). All members of the Committee would serve at the pleasure of the Board. The term of office would be for the duration of this Committee. FISCAL IMPACT: None at this time. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for approval. -JAK RECOMMENDATION: To adopt a Resolution creating the Collier County EMS Fire Districts Merger Ad Hoc Committee. Prepared by: Commissioner Tom Henning Exhibits: Proposed Resolution; Chapter XV of Robert's Rules of Order(11th Edition). Packet Page-367- 12/9/2014 10.A. COLLIER COUNTY Board of County Commissioners Item Number: 10.10.A. Item Summary: Recommendation to adopt a Resolution creating the Collier County EMS Fire Districts Merger Ad Hoc Committee. Meeting Date: 12/9/2014 Prepared By Name: NeetVirginia Title: Legal Assistant/Paralegal, CAO Office Administration 12/2/2014 4:32:18 PM Approved By Name: KlatzkowJeff Title: County Attorney, Date: 12/3/2014 9:18:29 AM Name: IsacksonMark Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget Date: 12/3/2014 9:49:42 AM Name: KlatzkowJeff Title: County Attorney, Date: 12/3/2014 11:12:58 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 12/3/2014 11:28:38 AM Packet Page-368- 12/9/2014 10.A. RESOLUTION NO. 2014 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, CREATING THE COLLIER COUNTY EMS FIRE DISTRICTS MERGER AD HOC COMMITTEE. WHEREAS, in November 2014, Collier County voters approved the merger of East Naples and Golden Gate Fire Districts which then became the Greater Naples Fire Rescue District; and WHEREAS, Collier County voters also approved the North Naples Fire Control and Rescue District and Big Corkscrew Island Fire Control and Rescue District's merger into the North Collier County Fire Control and Rescue District; and WHEREAS, the Board of County Commissioners (Board) desires to facilitate the continued merger of fire districts and the potential merger of all fire districts and the EMS; and WHEREAS, the establishment of a Collier County EMS Fire Districts Merger Ad Hoc Committee will create an open platform for citizen input, communication between fire districts, and the development of a EMS Fire Districts Merger Plan. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Creation and Purpose of the Collier County EMS Fire Districts Merger Ad Hoc Committee. There is hereby created the Collier County EMS Fire Districts Merger Ad Hoc Committee (hereinafter the "Committee"). The Committee is created as an Advisory Board and shall have the following purposes and duties: a. Receive input from all fire districts that wish to participate; b. Allow for citizen participation into the potential merger of all fire districts and the EMS; c. Encourage communication between the fire districts and discuss each district's needs, expectations and goals in the event of a County-wide merger; d. Create an open platform for the potential development of a EMS Fire Districts Merger Plan should the Committee agree to move forward towards a County-wide merger; and Packet Page-369- 12/9/2014 10.A. e. Perform or assist with any other function or duty as requested by the Board of County Commissioners. SECTION TWO. Appointment and Composition; Attendance and Filling of Vacancies. The composition of the Committee shall be as follows: 1. Five citizens appointed by the Board of County Commissioners. 2. One union representative to be selected by the respective union leaders in the Greater Naples Fire Rescue District, the Immokalee Fire Control and Rescue District, the North Collier County Fire Control and Rescue District, the Marco Island Fire-Rescue Department, and the City of Naples Fire-Rescue Department. 3. One EMS union representative to be selected by the EMS union. 4. One fire commissioner representative for the Greater Naples Fire Rescue District, the Immokalee Fire Control and Rescue District, and the North Collier County Fire Control and Rescue District, as selected by their respective boards. 5. One Council member from the City of Marco Island, City of Naples, and City of Everglades to be selected by each City Council willing to participate in this Committee. 6. Commissioner Henning, who would serve as the presiding officer of the committee. As president officer, Commissioner Henning would have no vote, and would conduct the meetings as set forth in Chapter XV of Robert's Rules of Order(11`"Edition). All members of the Committee shall serve at the pleasure of the Board. The term of office shall be for the duration of this Committee. SECTION THREE. Meetings. The Committee shall meet on a monthly basis and at such other times as the Committee deems necessary. SECTION FOUR. Removal from Office; Failure to Attend Meetings. Removal from office and attendance requirements shall be governed by Ordinance No. 01-55, as amended, or by its successor ordinance. 2 Packet Page-370- 12/9/2014 10.A. SECTION FIVE. Officers; Quorum; Rules of Procedure. At its earliest opportunity, the membership of the Committee shall elect a vice-president from among the members, who shall serve as presiding officer in Commissioner Henning's absence, but may vote. The vice-president shall serve for a one-year term with eligibility for reelection. The presence of a majority of the appointed members shall constitute a quorum of the Committee necessary to take action and transact business. The Committee may adopt by-laws for the scope and transaction of business to be approved by the Board of County Commissioners. The Committee shall operate in the Sunshine, and shall keep a written record of meetings, resolutions, findings and determinations. Copies of all Committee minutes, resolutions, reports and exhibits shall be submitted to the Board of County Commissioners. SECTION SIX. Sunset. Unless otherwise extended by the Board of County Commissioners, the Committee shall sunset two years from the effective date of this Resolution. THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same, this day of , 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk TOM HENNING, CHAIRMAN Approved as to form and legality: Jeffrey A. Klatzkow County Attorney 3 Packet Page-371- 12/9/2014 10.A. 446 RULES OF ORDER §46 has been taken in violation of a rule protecting a basic CHAPTER right of the individual member. XV Because the voting body itself is the ultimate judge of 5 election disputes,only that body has the authority to resolve Ok'r10ERS. MINUTES them in the absence of a bylaw or special rule of order that specifically grants another body that authority.Thus,for ex- AND OFFICERS' REPORTS ample,when an election has been conducted at a membership meeting or in a convention of delegates,an executive board, 10 even one that is given full power and authority over the soci- ety's affairs between meetings of the body that conducted the election,may not entertain a point of order challenging,or direct a recount concerning, the announced election result. While an election dispute is immediately pending before the is voting body,however, it may vote to refer the dispute to a committee or board to which it delegates power to resolve §47. OFFICERS the dispute. As stated on page 22, the minimum essential officers for the conduct of business in any deliberative assembly arc a presiding officer and a secretary or clerk. The usual duties 5 of these and other officers generally required in an orga- nized society are summarized and discussed in this section. Every society should specify in its bylaws what officers it requires, how they shall be elected or appointed,their term of office, and any qualifications for holding office or any 10 duties different from or in addition to those stared in the par- liamentary authority. Principles Applying to Holding of Office 15 In most societies it is usual to elect the officers from among the members;but in all except secret societies,unless the bylaws provide otherwise,it is possible for an organization to choose its officers from outside its membership.In many legislative bodies the presiding officer is not a member of the 20 447 Packet Page -372- 12/9/2014 10.A. 448 RULES OF ORDER §47 §47 OFFICERS 449 1 body.A large society with complex financial affairs may wish a meeting (see also p. 453,11. 18-25). In assemblies where to employ a professional as treasurer. committee chairmen or others will require a lectern for their An office carries with it only the rights necessary for exe- papers,another lectern on the side of the platform or on the curing the duties of the office,and it does not deprive a mem- floor at the front should be provided so that the chair can 5 bet of the society of his rights as a member.If a person holds maintain his presiding location.For the manner in which the an office in a society of which he is not a member and the by- chair should be addressed in a meeting,sec pages 22-23. laws make that officer an ex-officio member of the board,the The presiding officer of an assembly—especially of a large nonmember is thereby a full-fledged board member with all one—should be chosen principally for the ability to preside. the accompanying rights;but this does not make him a mem- This person should be well versed in parliamentary law and 10 bcr of the society. should be thoroughly familiar with the bylaws and other rules .i The bylaws may contain a provision that"No person shall of the organization--even if he or she is to have the assis- be eligible to serve consecutive terms in the same tance of a parliamentarian.At the same time, any presiding office." In filling vacancies for unexpired terms, an officer officer will do well to bear in mind that no rules can take the who has served More than half a term in an office is consid- place of tact and common sense on the part of the chairman. 15 ered to have served a full term.As stated on page 444,the Duties of the Presiding Officer of an Assembly. The grin- 1 term of office begins as soon as the officer is elected,unless opal duties of the presiding officer of an assembly under par- the bylaws establish a different time. liarnentary law are listed below—with references, where appropriate, to fuller descriptions elsewhere in this book. Additional information relating to the duties of the chair in Elected Officers particular casts will be found in the treatment of the sub- 2( 20 ccts involved. It is the duty of the presiding officer of an CHAIRMAN OR PRESIDENT. The presiding officer ) ty p g of an assembly ordinarily is called the chairman* when no assembly: special title has been assigned,or in a body not permanently organized,such as a mass meeting(53).In organized societies 1) To open the meeting at the appointed time by taking the 25 the presiding officer's title is usually prescribed by the bylaws, chair and calling the meeting to order (p. 25), having 2' that of president being most common. The term the chair ascertained that a quorum is present(p.21;40). refers to the person in a meeting who is actually presiding at 2) To announce in proper sequence the business that comes the time,whether that person is the regular presiding officer before the assembly or becomes in order in accordance or not.The same term also applies to the presiding officer's with the prescribed order of business, agenda, or pro- 30 station in the hall from which he or she presides, which gram,and with existing orders of the day(41). 30 should not be permitted to be used by other members as a 3) To recognize members who are entitled to the floor place from which to make reports or speak in debate during (pp.29-31;42). 4) To state and to put to vote all questions that legitimately . come before the assembly as motions or that otherwise -Sex page 23 regarding variations of this term which have come into use. arise in the course of proceedings(except questions that 35 Packet Page-373- 12/9/2014 10.A. 450 RULES OF ORDER §47 • §47 OFFICERS 45I 1 relate to the presiding officer himself in the manner noted • a list of all standing and special committees and their 1 below),and to announce the result of each vote(4);or, , members;and if a motion that is not in order is made,to rule it out of • a memorandum of the complete order of business listing order.(For a discussion of the circumstances under which all known matters that are to come up,shown in proper 5 the chair votes,see pp.405-6.See also the discussion of sequence under the correct headings—or with their 5 unanimous consent,pp.54-56.) scheduled times—as applicable. 5) To protect the assembly from obviously dilatory motions Except in a small board or a committee, the presiding 6) To enforce the rules relating to debate and those relating officer should stand while calling a meeting to order or de- 7o to order and decorum within the assembly(pp. 22-25, daring it adjourned,and while putting a question to vote.He 10 42-44;43). should also stand—without Ieaving the chair—while explain- 7) To expedite business in every way compatible with the ing his reasons far a ruling on a point of order(if the expla- rights of members. nation entails more than a few words) or when speaking 8) To decide all questions of order(23), subject to appeal during debate on an appeal or a point of order that he has 15 (24)—unless,when in doubt,the presiding officer prefers submitted to the judgment of the assembly(23,24).When d5 initially to submit such a question to the assembly for speaking for the first time during debate in either of the latter decision. two cases,he can do so in preference to other members(see 9) To respond to inquiries of members relating to parliamen p. 254, 11. 24-29 and Standard Characteristic 5, pp. 249, nary procedure(Parliamentary Inquiry, pp. 293-94) or 257-58).While a member is speaking in debate on any 20 factual information(Request for Information,pp.294-95) the presiding officer should remain seated—unless the 20 bearing on the business of the assembly. view between him and the members would be obstructed,in which case he should step back slightly during the member's 10)To authenticate by his or her signature,when necessary, all acts,orders,and proceedings of the assembly. speech.At times other than those just mentioned,the presid- 11)To declare the meeting adjourned when the assembly so ing officer can stand or sit as he finds convenient for corn- 25 votes or—where applicable—at the time prescribed in the - manding the assembly's attention,preserving order, etc.— 25 program,or at any time in the event of a sudden emer- provided that his station is arranged so that even when seated genet/affecting the safety of those present(8,21). he can see the entire hall and all present can see him(see also p.22,11.9-20;p.448,1.29 top.449,1. 5). At each meeting, in addition to the necessary papers Whenever a motion is made that refers only to the prc- 30 proper to that meeting's business,the presiding officer should siding officer in a capacity not shared in common with other 30 members,or that commends or censures him with others,he have at hand: should turn the chair over to the vice-president or appropriate • a copy of the bylaws and other rules of the organization; temporary occupant(see below) during the assembly's con- • a copy of its parliamentary authority(that is,this book,if sideration of that motion,just as he would in a case where he 35 it is prescribed in the bylaws); wishes to take part in debate(see also pp.394-95).The chair, 35 Packet Page-374-