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Agenda 04/12/2011 Item # 9F 4/12/2011 Item 9.F. EXECUTIVE SUMMARY Recommendation to discuss possible amendments to Ordinance No. 75-16, as amended, relating to the meetings of the Collier County Board of County Commissioners that will introduce rules of decorum and civility. OBJECTIVE: That the Board of County Commissioners (Board) considers revisions to its current procedures ordinance, Ordinance No. 75-16, as amended, that will establish rules of decorum and civility during Board meetings. CONSIDERATIONS: The purpose of this discussion is to begin the process of initiating certain rules of protocol and propriety during Board meetings. The Board's duty is to conduct the people's business in County Government. Recently, citizens have commented on the need to restore civility . during Board meetings, even to the point of noting that their "child's classroom has a better decorum!" As a Board we must recognize the voters elected the person sitting next to you, that we have no choice but to accept that elected official as a voice of the people, and that we can respect differing opinions and different styles of that representation of the people. Hopefully, the proposed rules will provide the !,'1Iidance needed to work together, respect our fellow commissioners' opinions, and the manner in which they represent their constituents. For discussion purposes, listed below are examples of "decorum and civility" provisions from other Florida counties. CIVILITY AND DECORUM Collier County ordinance 75-16 as amended - 2-36 General Provisions (d) 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 meetinQs. 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 1 Packet Page -771- 4/12/2011 Item 9.F. 2-36 Rules of debate. H 3. Form of address. Each member shall address only the presidinq officer for recoclOition. shall confine himself to the Question under debate. and shall avoid personalities and indecorouslanQuaqe Gadsden County Sec. 2-44. Presiding officer. (a) Chairman. The presiding officer is the chairman of the Gadsden County Board of County Commissioners. The chairman presides at all meetings of the board. The chairman's responsibilities shall include, but not be solely limited to: (1) Open the meeting at the appointed time and call the meeting to order, having ascertained that a quorum is present. (2) Announce the business to come before the board, in accordance with the prescribed order of business. (3) Recognize all commissioners, the county manager, and the county attorney, who seek the floor under correct procedure. All questions and comments are to be directed tl1rough the chairman and restated by him or her, and he or she declares all votes. The chairman shall repeat every motion and state every question coming before the commission, and announce the decision of the commission on all matters coming before it. (4) Preserve decorum and order. and in case of disturbance or disorderly conduct in the commission chambers. may cause the same to be cleared or cause any disruptive individual to be removed. (5) Call to order any member of the board who violates any of these procedures and, when presiding, decide questions of order, subject to a majority vote on a motion to appeal. (6) Expedite business in every way compatible with the rights of the members. (7) Remain objective. For the chairman to make a motion, the gavel need not be relinquished. The "Rule Against Chair's Participation in Debate" is abolished. (8) Declare the meeting adjourned when the board so votes, or at any time in the event of an emergency affecting the safety of those present MIAMI-DADE PART 7. RULES OF DEBATE Rule 7.01 Rules of debate. (a) Questions 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 motions shall have preference in the order in which they are mentioned and the first two (2) shall be decided without debate. Final action upon a pending motion may be deferred until a date certain by a majority of the members present. (b) As to the Presiding Officer. The Presiding Officer, upon relinquishing the chair. may move, second debate and vote, subject only to such limitations as are by these rules imposed upon all members. (c) Getting the floor, improper references to be avoided. Every member desiring to speak for any purpose shall address the Presiding Officer, and upon recognition, shall be confined to the question under debate, avoiding all personalities and indecorous language. (d) Interruption; call to order; appeal a ruling of the chair. A member once recognized, shall not be interrupted when speaking unless it be a call to order or as herein otherwise provided. If a member be called to order, the member shall cease speaking until the question of order be determined by the Presiding Officer, and if in order the member shall be permitted to proceed. Any member may appeal to the Commission from the decision of the Presiding Officer upon a question of order, 2 Packet Page -772- 4/12/2011 Item 9.F. when, without debate, the Presiding Officer shall submit to the Commission the question, "Shall the decision of the Chair be sustained?" and the Commission shall decide by a majority vote. * * * * * LEON, WAKULLA AND GADSDEN COUNTIES (identical Language) Rules of debate. (a) Decorum (l) Every commissioner desiring to speak should address the chainnan, and upon said recognition by the chairman, should confine discussion to the question under debate, avoiding all personalities and indecorous language. (2) Commissioners shall refrain from: attacking a member's motives; speaking adversely on a prior motion not pending; speaking while the chairman or other board members are speaking; speaking against their own motions; and disturbing the board. (3) A member once recognized should not be interrupted when speaking unless said member is being called to order. The member should then cease speaking until the question of order is determined, without debate, by the chainnan. If in order, said member shall be at liberty to proceed. (4) A member shall be deemed to have yielded the floor when he or she has finished speaking. A member may claim the floor only when recognized by the chairman. ***** ST.JOHNSCOUNTY Resolution No. 2011-53 RULE 2.206 REQUIREMENTS OF BOARDS/COMMITTEES E. Rules of Decorum and Civility. Each Board/Committee and members thereof shall reasonably comply with Part 4 Rule of Decorum and Civility. Board/Committee members are encourage to make constructive commcnts and policy recommendations to the Board of County commissioner but shall avoid disrcspcctful commentary. * * * * * RULE 4.401 BOARD TO PROMOTE AND PRESERVE DECORUM AND CIV1UTY The Board expressly recognizes that promoting and preserving decorum and civility best enables the Board to fairly and expeditiously conduct the business of the County. While the Board is in session, the Chair shall preserve order and decorum. A Commissioner shall neither by conversation nor otherwise delay or inten-upt thc proceeding or the peace of the Board, nor disturb any commissioner while speaking or refuse to obcy thc ordcrs of the Board or its Chair. ***** RULE 4.402 MANNER OF SPEAKING No Commissioner shall speak on any question or discuss any matter, nor interrupt another, nor make a motion without first being recot,'I1ized by the Chair. When two or more Commissioners seek recognition by the Chair, the Chair shall name the Commissioner who is to speak first. No Commissioner shall be interrupted by another without the consent of the Commissioner who has the floor, except by rising to a question of order. A Commissioner, in spcaking on any matter, shall confinc him!herselfto thc qucstion, or mattcr beforc the Board, shall not use unbecoming abusive or 3 Packet Page -773- 4/12/2011 Item 9.F. unparliamentary language and shall avoid commenting on personalities or character of other Board members, former Board members, other officials, staff, or the public. ***** LEE COUNTY Rule] .06 - AUTHORITY OF THE CHAIR A. May call a Commissioner to order if the Commissioner's remarks are not relevant to the subject under discussion, or for lack of decorum. ***** Rule].] 4 - Rules of Debate B. TAKING THE FLOOR; IMPROPER PERSONAL COMMENTS TO BE AVOIDED: Every Commissioner desiring to speak for any purpose shall address the Chair, upon recognition, shall confine the discussion to the question under debate avoiding personal comments towards other Commissioners, staff or members of the public, any indecorous language. ***** RULE 1.19 - DECORUM Order will be preserved. No person shall, by speech or otherwise, delay or interrupt the proceedings or the peace and decorum of the Commission, or disturb any person having the floor. No person shall refuse to obey the lawful orders of the Chair of the Commission. Any person making itTelevant, impeltinent or slanderous remarks or who becomes hoisterous while addressing the Commission shall not be considercd orderly or decorous. Any person who hecomes disorderly or who fails to confine remarks to the identified subjects or business at hand shall be cautioned by the Chair and given the opportunity to conclude remarks on the subject in a decorous manner and within the designated time limit. Any person failing to comply as cautioned shall not be aUowed to continue speaking unless pennission to continue or again address the Commission is ~,'ranted by the majority cote of the Commissioners present. ***** OKEECHOBEE COUNTY Sec. 2-18 Meeting Decorum ***** b. ... Members of the goveming hody. staff members, and eitizens are required to use civil and appropliate lan~,'uage when addressing the goveming body or the audience and must refrain fi'om using profanity, cursing, or exhibiting aggressive or tlu'eatening behavior when addressing the governing hody or other participants. All comments must be directed to the presiding officcr and not to individual members of the goveming body or the audience. No personal verhal attacks toward any individual by the governing body, staff: or citizens shall be allowed during a meeting of the governing body. * * * * * FISCAL IMPACT: NONE 4 Packet Page -774- 4/12/2011 Item 9.F. RECOMMENDA nON: That the Board of County Commissioners reviews the rules for decorum and civility enacted by other Florida counties, considers revisions to its current procedures ordinance, Ordinance No. 75-16, as amended, and directs the County Attorney to draft an amending ordinance for future consideration. PREPARED BY: Tom Henning, COImnissioncr, District 3 AGENDA DATE: April 12, 2011 ,..''".- 5 Packet Page -775- 4/12/2011 Item 9.F. COLLIER COUNTY Board of County Commissioners Item Number: 9.F. Item Summary: Recommendation to discuss possible amendments to Ordinance No. 7S- 16, as amended, relating to the meetings of the Collier County Board of County Commissioners that will introduce rules of decorum and civility. (Commissioner Henning) Meeting Date: 4/12/2011 Prepared By Name: Evelyn Prieto Title: Executive Aide to the BCC, 4/1!2011 3:30:37 PM Approved By Name: Ian Mitchell Title: Executive Manager, BCC Date: 4/4/201] 8:15:05 AM Name: BrockMaryJo Title: Executive Secretary to County Manager, CMO Date: 4/4/2011 10:44:09 AM Packet Page -776-