Agenda 09/13/2022 Item #17A (Ordinance - Amending Ordinance 75-16)09/13/2022
EXECUTIVE SUMMARY
Recommendation to amend Ordinance No. 75-16, as amended, to authorize the Chairman to better
deal with disorderly persons, including requesting law enforcement officers remove disorderly
persons when conduct interferes with orderly progression of meetings.
OBJECTIVE: To adopt the proposed ordinance amending Ordinance No. 75-16, as amended, in order
to enhance security during Board meetings.
CONSIDERATION: On June 14, 2022, the Board requested the County Attorney draft an Ordinance to
increase the level of decorum at Board of County Commissioner meetings, and on June 28, 2022, the
Board directed the County Attorney to advertise and bring back the proposed ordinance for a public
hearing.
The proposed Ordinance amendment is modeled after the procedure utilized by the Collier County School
Board for its meetings, which the Sheriff has been comfortable enforcing.
The proposed ordinance amends the Board’s meeting ordinance as follows:
Sec. 2-37. - Addressing the Commission
(a) If a subject is not on the agenda for a meeting of the Board of County Commissioners it may be
added by motion and an affirmative vote of a majority of all Board members present that the subject
should not be delayed until the next meeting.
(b) Any person appearing to provide the Board factual information or expert opinion to consider prior to
taking official action shall be governed by the following procedure:
(1) Prior to addressing the Board the speaker shall approach any podium or any other place
otherwise designated by the Board of County Commissioners for this purpose and clearly state
his or her full name, home address, the name of the person or entity that he or she represents
and the subject of his or her address.
(2) Before providing factual information or expert opinion the speaker may ask, and any
Commissioner may require the speaker to be placed under the following oath with right hand
upraised:
"I willfully swear under oath the facts and testimony I furnish this Board to be the truth, the
whole truth and nothing but the truth, and not inconsistent or contradictory with other
statements made by me under oath."
No person shall be required to take this oath more than once in any given day, but shall be
reminded he is under oath before again addressing the Board. Each commissioner, shall take
the oath one time and be considered under oath during the term of his office.
Those asking questions or desiring to comment on a matter before the Board shall not be
required to take the oath. Any Commissioner may at any time request such a speaker to take
the above oath.
(3) Each person shall limit his address to three minutes unless granted additional time by the
Chairman or by an affirmative vote of the majority of the Board members present. All remarks
shall be to the Board as a body and not to any individual member. No person other than a
Commissioner shall discuss directly or through a Commissioner, without authorization of the
presiding officer.
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(4) Any person making impertinent or slanderous remarks or who becomes boisterous shall be
instructed to remain silent by the presiding officer, until permission to continue is granted. The
Chairman may:
1. interrupt, warn, or terminate a speaker’s statement when such statement is too lengthy,
abusive, obscene, irrelevant or repetitive;
2. request any individual to leave the meeting when that person does not observe reasonable
decorum;
3. request the assistance of law enforcement officers in the removal of a disorderly person
when that person's conduct interferes with the orderly progress of the meeting;
4. call for a recess or an adjournment to another time when the lack of public decorum so
interferes with the orderly conduct of the meeting as to warrant such action.
Sec. 2-38. - Sergeant-at-arms.
The County Sheriff, or his deputy, shall be the sergeant -at-arms at meetings of the Board of
County Commissioners and shall carry out all orders of the Chairman to maintain order and
decorum, including the removal of a disorderly person when requested by the Chairman.
FISCAL IMPACT: The proposed ordinance was advertised in the Naples Daily News on Thursday,
June 30, 2022, for a cost of $560.00.
GROWTH MANAGEMENT IMPACT: None.
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: That the Board of County Commissioners adopt the proposed ordinance
amending Ordinance No. 75-16, as amended.
PREPARED BY: Colleen A. Kerins, Assistant County Attorney and
Jeffrey A. Klatzkow, County Attorney
ATTACHMENT(S)
1. Ordinance - Amend Ord. 75-16 BCC meeting ordinance - numbered (PDF)
2. Ordinance - amend Ord. 75-16 BCC meeting ordinance - JAK signed (PDF)
3. legal ad - amend Ord. 75-16 (PDF)
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09/13/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.A
Doc ID: 23026
Item Summary: *** This Item continued from the July 21, 2022, BCC Meeting. ***
Recommendation to amend Ordinance No. 75-16, as amended, to authorize the Chairman to better deal
with disorderly persons, including requesting law enforcement officers remove disorderly persons when
conduct interferes with orderly progression of meetings.
Meeting Date: 09/13/2022
Prepared by:
Title: Sr. Operations Analyst – County Manager's Office
Name: Geoffrey Willig
08/10/2022 9:10 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
08/10/2022 9:10 AM
Approved By:
Review:
Office of Management and Budget Geoffrey Willig Level 3 OMB Gatekeeper Review Skipped 08/10/2022 9:10 AM
County Attorney's Office Geoffrey Willig Level 3 County Attorney's Office Review Skipped 08/10/2022 9:10 AM
Office of Management and Budget Geoffrey Willig Additional Reviewer Skipped 08/10/2022 9:10 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 09/07/2022 11:45 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/13/2022 9:00 AM
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[22-BCC-00993/1727982/1]
Page 1 of 3
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ORDINANCE NO. 22 - ______ 1
2
AN ORDINANCE OF THE BOARD OF COUNTY 3
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, 4
AMENDING ORDINANCE NO. 1975-16, AS AMENDED, IN 5
ORDER TO AUTHORIZE THE CHAIRMAN TO BETTER 6
DEAL WITH DISORDERLY PERSONS, INCLUDING 7
REQUESTING THE ASSISTANCE OF LAW 8
ENFORCEMENT OFFICERS TO REMOVE DISORDERLY 9
PERSONS WHEN THAT PERSON’S CONDUCT 10
INTERFERES WITH THE ORDERLY PROGRESS OF THE 11
MEETING; PROVIDING FOR INCLUSION IN THE CODE 12
OF LAWS AND ORDINANCES; PROVIDING FOR 13
CONFLICT AND SEVERABILITY; AND PROVIDING FOR 14
AN EFFECTIVE DATE. 15
16
WHEREAS, Ordinance No. 1975-16, as amended, regulates the conduct of meetings of the 17
Board of County Commissioners; and 18
WHEREAS, the Board wishes to authorize the Chairman to better deal with disorderly 19
persons, including requesting the assistance of law enforcement in the removal of a disorderly 20
person when that person's conduct interferes with the orderly progress of the meeting. 21
22
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 23
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: 24
SECTION ONE: Amendment to Section One, Paragraphs 2 and 3 of Ordinance No. 1975-25
16, as amended, codified as Sections 2-37 and 2-38 in the Code of Laws and Ordinances. 26
27
2. Addressing the Commission: 28
a. If a subject is not on the agenda for a meeting of the Board of County Commissioners it may 29
be added by motion and an affirmative vote of a majority of all Board members present that 30
the subject should not be delayed until the next meeting. 31
b. Any person appearing to provide the Board factual information or expert opinion to consider 32
prior to taking official action shall be governed by the following procedure: 33
(1) Prior to addressing the Board the speaker shall approach any podium or any other place 34
otherwise designated by the Board of County Commissioners for this purpose and clearly 35
state his or her full name, home address, the name of the person or entity that he or she 36
represents and the subject of his or her address. 37
17.A.a
Packet Pg. 3271 Attachment: Ordinance - Amend Ord. 75-16 BCC meeting ordinance - numbered (23026 : Amending Ordinance No. 75-16 re disorderly conduct
[22-BCC-00993/1727982/1]
Page 2 of 3
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(2) Before providing factual information or expert opinion the speaker may ask, and any 38
Commissioner may require the speaker to be placed under the following oath with right 39
hand upraised: 40
"I willfully swear under oath the facts and testimony I furnish this Board to 41
be the truth, the whole truth and nothing but the truth, and not inconsistent 42
or contradictory with other statements made by me under oath." 43
No person shall be required to take this oath more than once in any given day, but shall 44
be reminded he is under oath before again addressing the Board. Each commissioner, 45
shall take the oath one time and be considered under oath during the term of his office. 46
Those asking questions or desiring to comment on a matter before the Board shall not 47
be required to take the oath. Any Commissioner may at any time request such a speaker 48
to take the above oath. 49
(3) Each person shall limit his address to three minutes unless granted additional time by the 50
Chairman or by an affirmative vote of the majority of the Board members present. All 51
remarks shall be to the Board as a body and not to any individual member. No person 52
other than a Commissioner shall discuss directly or through a Commissioner, without 53
authorization of the presiding officer. 54
(4) Any person making impertinent or slanderous remarks or who becomes boisterous shall 55
be instructed to remain silent by the presiding officer, until permission to continue is 56
granted. The Chairman may: 57
a) interrupt, warn, or terminate a speaker’s statement when such statement is too 58
lengthy, abusive, obscene, irrelevant or repetitive; 59
b) request any individual to leave the meeting when that person does not observe 60
reasonable decorum; 61
c) request the assistance of law enforcement officers in the removal of a disorderly 62
person when that person's conduct interferes with the orderly progress of the 63
meeting; 64
d) call for a recess or an adjournment to another time when the lack of public decorum 65
so interferes with the orderly conduct of the meeting as to warrant such action. 66
3. Sergeant-at-arms: 67
The County Sheriff, or his deputy, shall be the sergeant-at-arms at meetings of the Board 68
of County Commissioners and shall carry out all orders of the Chairman to maintain order and 69
decorum, including the removal of a disorderly person when requested by the Chairman. 70
71
72
73
17.A.a
Packet Pg. 3272 Attachment: Ordinance - Amend Ord. 75-16 BCC meeting ordinance - numbered (23026 : Amending Ordinance No. 75-16 re disorderly conduct
[22-BCC-00993/1727982/1]
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Words underlined are added; words struck through are deleted.
74
SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCE 75
The provisions of this Ordinance shall become and be made a part of the Code of Laws and 76
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-77
lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or 78
any other appropriate word. 79
80
SECTION THREE: CONFLICT AND SEVERABILITY 81
In the event this Ordinance conflicts with any other Ordinance of Collier County or other 82
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held 83
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a 84
separate, distinct and independent provision and such holding shall not affect the validity of the 85
remaining portion. 86
87
SECTION FOUR: EFFECTIVE DATE 88
This Ordinance shall become effective upon filing with the Department of State. 89
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier 90
County, Florida, this ____day of ________________, 2022. 91
92
ATTEST: BOARD OF COUNTY COMMISSIONERS 93
Crystal K. Kinzel, Clerk of Courts COLLIER COUNTY, FLORIDA 94
95
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By: ___________________________ By: _____________________________ 97
, Deputy Clerk William L. McDaniel, Jr., Chairman 98
99
100
Approved as to form and legality: 101
102
______________________________ 103
Jeffrey A. Klatzkow, County Attorney 104
105
17.A.a
Packet Pg. 3273 Attachment: Ordinance - Amend Ord. 75-16 BCC meeting ordinance - numbered (23026 : Amending Ordinance No. 75-16 re disorderly conduct
17.A.b
Packet Pg. 3274 Attachment: Ordinance - amend Ord. 75-16 BCC meeting ordinance - JAK signed (23026 : Amending Ordinance No. 75-16 re disorderly
17.A.b
Packet Pg. 3275 Attachment: Ordinance - amend Ord. 75-16 BCC meeting ordinance - JAK signed (23026 : Amending Ordinance No. 75-16 re disorderly
17.A.b
Packet Pg. 3276 Attachment: Ordinance - amend Ord. 75-16 BCC meeting ordinance - JAK signed (23026 : Amending Ordinance No. 75-16 re disorderly
17.A.c
Packet Pg. 3277 Attachment: legal ad - amend Ord. 75-16 (23026 : Amending Ordinance No. 75-16 re disorderly conduct at Board meetings)