Loading...
Ordinance 75-16ORDINANCE l.l'O. %5-1_6_ AN ORDII;AI~CE TO ESTABLISH THE TII,IE, PLACE AND CONDUCT OF MEETI:;GS OF TIIE BOARD OF COUNTY CO~xlISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING A PROCEDURE FOR SCl[EDULII~G ITE:4S OF BUSINESS, PLACING PETITIONERS A~D %,?ITNESSES UNDER OATH, PROVIDING A SEVERANCE CLAUSE AND AN EFFECTIVE DATE. BE IT ORDAINED BY TIIE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT THE CODE OF COLLIER COUNTY, FLORIDA BE AND IS IIEREBY A~CEMDED TO READ AS FOLLOWS: SECTION ONE: 1. ~:eetin9s of the Board of County Commissioners: a. Regular Meetings. The County Commission sh~ normally hold its regular meeting at 9 a.m. each Tuesday, except on a day designated as a holiday. Meetings may be postponed or canceled by Board action. Meetings shall normally be held in the County Courthouse, East Naples and shall be open to the ne~s media and the public. ~,~eetings may bo held in other locations within Collier County. b. Special Meetings. Uhen the Chairman or a majority of the Commission calls a special meeting the Clerk shall be netif~od to inform the County Manager, the County Attorney and representatives of the press setting the place, date and hour of the meeting and tho purpose for %vhich the meeting i~ called. c. A~enda. 1) There shall be an official agenda for each meeting of the Commission, which shall determine the order of business conducted at the meeting. The Commis- sion shall not take action upon any matter, proposal, report or item of business not l~sted upon the official agenda, unless a majority of the Commission present consents. 2) The County Manager shall prepare eachmm agenda in appropriate form approved by the County Commission. Matters may be placed on the agenda the County Manager, any County Commissioner, the ~rk CO and the County Attorney. The agenda shall be pre~d and distributed not later than seven (7) days pre~ng~ the Regular Meeting. d. Presiding{ Officer, Election~ Duties. ThenCe- siding Chairman shall ~e elected by a majority o{ the members and shall serve at the pleasure of the Commission. The Commission shall also elect a Vice Chairman, who shall preside in the absence of the Chairman. The Chairman shall become the presiding officer immediately after his 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 name being called last. The Chairman shall sign all ordinances, resolutions and legally binding documents adopted by the Commission during his presence. In his absence, such ordinances, resolutions and legally'binding documents shall be signed by the presiding officer. e. Call to Order. At the hour appointed for the meeting, the Chairman shall immediately call the Comrr, ission to order. In the absence of the Chairman, and the Vice Chairman, the Clerk shall determine if a quorum is present and call for 8 1~75 · election of ~ temporary Chairman to nerve until arrival of the Chairman or Vice Chairman. f. Quorum. A majority of the Commission shall constitute a quorum. ~;o resolution, legally binding document or motion shall be adopted by the Commission without the affir- mative vote of the majority of all members present. Should no quorum attend within thirty 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. Rules of Debate. 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 counter-motions 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 a majority of tho members present. Except as herein provided questions of order and the conduct of business shall be governed by Roberts Rules of Order. 2) . CIIAI~AN PARTICIPATIO~I: 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) FO~4 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 a call to order or as herein otherwise provided. If a member is called to order, he shall stop speaking until the question is deeermined by the presiding officer. Any member may appeal tho decision of the chair to the Commission for ¢~cision by majority vote. 5) PRIVILEGE OF CLOSING DEBA'JE: 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 vote. h. 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. 2. Addressing the Commission: a. If a subject is not on the agenda it may be added by motion and a majority vote that the subject should not be delayed until the next meeting. b.~ Any person appearing to provide the Commission factual information or expert opinion to consider prior to taking official action shall be guverned by the following procedure: 1) Prior to addressing the Commission the speaker shall approach the front center of the con- ference table and c%,~arly state his full name, home address, the person he represents and the subject of his 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." a) 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 co~missioner, staff member and county employee shall take the oath one time and be considered under oath during the term of his office. b) 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. c. Each person shall limit his address to five (5) minutes unless granted additional time by majority vote of the Commission. All remarks shall be to the Commission 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. d. Decorum. Any person making impertinent or slanderous remarks, or who becomes boisterous shall be in- structed to remain silent by the presiding officer, until permission to continue is granted. 3. Sergeant-at-Arms: The County Sheriff, or his deputy, shall be the Sergeant- at-Arms at Commission meetings and shall carry out all orders of the Chairman to maintain order and decorum. 4. Action to be taken by Resolution~ Ordinance or Motion: Each action of the Commission shall be taken by resolution, ordinance or legally binding document approved as to form by the County Attorney, except approval of administrative matters may be by motion adopted and recorded in the minutes. Adjournment:: A motion to adjourn shall always be in order and decided without debate. SECTION TWO~ Severabi.lity. If any section, part, paragraph, sentence, clause, phrase or word of this Ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holdings of invalidity shall not affect the remaining portions, and it shall be construed to have been the intent to pass this Ordinance without such unconstitutional, invalid or inoperative part therein, and the remainder shall be deemed to be valid as if such part or parts had not been included. If this Ordinance or any of the provisions thereof shall be held inapplicable to any person, group of persons, property, kind of property, circumstances or set of circumstanceS, such holdings shall not affect the applicability thereof to any other person, property or circumstances. Emergency. BE IT DECLA~D that the immediate enactment of this 0rdin~nce is necessary, therefore, notice requirements are waived and this Ordinance shall take effect immediately upon its placement, by registered mail, in the United States mail to the Secretary of State. Datcd~ A~fril 22~ 1975. BOARD OF CO~};TY COm4ISSlONERS / // COLLIER CO~TY, FLORIDA ATTEST~ % ~ ------ ~ ~ /9 ~ clerk Approved as to. cfm and legality~ Collier County Attorney ,,~ ,. .,,.