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2020-04 Communications Media TechnologyRESOLUTION 2020-04 A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF OKEECHOBEE, FLORIDA ADOPTING POLICY AND IMPLEMENTING PROTOCOLS FOR THE USE OF COMMUNICATIONS MEDIA TECHNOLOGY TO FACILITATE ATTENDANCE BY ELECTED AND APPOINTED OFFICIALS AT PUBLIC MEETINGS AND TO ALSO FACILITATE PUBLIC PARTICIPATION AND ATTENDANCE AT SUCH MEETINGS; PROVIDING THAT THE USE OF SUCH PROTOCOLS IS LIMITED TO PERIODS OF DECLARED EMERGENCY WHEN PUBLIC HEALTH AND SAFETY GUIDANCE LIMITS THE SAFE ATTENDANCE AT SUCH MEETINGS IN PERSON AND WHEN SUNSHINE LAW REQUIREMENTS ARE LAWFULLY RELAXED TO PERMIT SAME; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. WHEREAS, the Florida Constitution (Article I Section 24) and the Florida Statutes (Sections 286.011 and 166.041) require that meetings of elected and appointed officials for the conduct of public business must be noticed and open to the public, must provide an opportunity for public participation through comment, and generally must provide the opportunity for all members of the public to be aware of the decision-making process (Sunshine Law Requirements); and WHEREAS, the Florida Attorney General has previously opined that in order to comply with Sunshine Law Requirements, a quorum of the decision-making body must be physically present at a place that is open to and accessible to the public when conducting public business; and WHEREAS, on March 19, 2020, the Florida Attorney General issued Opinion 2020-03, opining that certain provisions of Florida law require a physical quorum to be present for local government decision-making bodies to conduct official business, and that local government decision-making bodies may only conduct meetings via "Communications Media Technology" (CMT) if either 1) a Statute permits a quorum of the decision-making body to be present by means other than in person, or 2) that the requirement for a quorum of the decision-making body to be physically present is lawfully suspended during a state of emergency; and WHEREAS, Florida Governor Ron DeSantis has issued several executive orders including Executive Order 20-52, declaring an emergency due to COVID-19 and Executive Order 20-69 suspending current Sunshine Law Requirements for a quorum of the government decision-making body to be physically present, for a government decision-making body to meet in any specific place, and to allow local government decision-making bodies to utilize "CMT, such as telephonic and video conferencing, as provided in Section 120.54(5)(b)2, Florida Statutes", but specifically not waiving any other Sunshine Law Requirements; and WHEREAS, the City Council finds that it is in the best interest of City of Okeechobee officials, staff, residents, businesses, and guests to adopt the CMT policy and protocols contained in this Resolution, and to authorize the City Administrator to implement them when a state of emergency exists in the City of Okeechobee (or any future change to general law) wherein Sunshine Law Requirements are suspended or changed to allow use of CMT to conduct public meetings. NOW, THEREFORE, be it resolved by the City Council for the City of Okeechobee: Section 1: Findings. The above recitals are declared to be true and correct and are hereby made part and parcel of this Resolution. In accordance therewith, certain procedures and formalities pertaining to the operation of the City of Okeechobee may be waived as follows, in furtherance of the health, safety and welfare of the City. RESOLUTION N0.2020-04 PAGE 1 OF 3 Section 2: Purpose. The purpose of this Policy is to establish the protocols by which City of Okeechobee decision-making bodies may conduct public meetings using CMT in accordance with Executive Order 20-69 during the continuation of the current state of emergency in the City of Okeechobee due to the current outbreak of COVID-19, or in accordance with any future declared state of emergency (or any future change to general law) wherein Sunshine Law Requirements are suspended or changed to allow use of CMT to conduct public meetings. Section 3: Definitions. The following terms shall have the following meanings as applied to this Policy: "Access Point" means a physical location where members of the public who cannot access CMT may observe and participate in an Electronic Meeting. On a case by case basis, any particular Access Point may limit the number of individuals that may enter in order to comply with Public Health Directives. "Communications Media Technology" means electronic transmission of printed matter, audio, full -motion video, freeze-frame video, compressed video, and digital video by any method available, pursuant to Section 120.54(5)(b)2, Florida Statutes. "Electronic Meeting" means a meeting where a quorum of members of the government decision-making body are in attendance via CMT from Remote Locations, and which the public is able to attend and participate via Access Point or via CMT. "Public Health Directives" means advisories, recommendations or directives from the Centers for Disease Control, the Florida Department of Health, or from other authoritative sources that are meant to promote the public health, safety and welfare in any particular case. Examples of Public Health Directives are distance separation guidelines and limitations on the size of human gatherings. "Remote Location(s)" means any place other than the normally designated public meeting location for the public meeting, from which elected and appointed officials, staff, consultants, or members of the public may attend via CMT. Section 4: Electronic Meetings. The City Council hereby determines that it is appropriate to conduct Electronic Meetings using CMT in order to conduct business of the City whenever there exists in the City a declared state of emergency and when Sunshine Law Requirements are suspended or changed to allow use of CMT to conduct public meetings. The City Administrator is delegated the authority, during any such state of emergency, to implement the use of Electronic Meetings in the City of Okeechobee pursuant to this Policy and this Resolution. Section 5: Notice. Prior to the commencement of any Electronic Meeting in the City of Okeechobee, the City Clerk or designee shall post notice of the meeting consistent with Sections 120.54(b)(2)b and 286.011, Florida Statutes. The notice shall be provided in the same manner as notice is provided for any other meeting but shall in addition, plainly state the following: That the Electronic Meeting will be conducted using CMT (specifying the type of technology being used) to constitute a quorum. The address of any Access Point that is open to the public, where an interested person may go to attend the meeting. If an Access Point is limited in terms of the number of individuals that may enter in order to comply with Public Health Directives or because of other limitations, the notice shall so state. An address, e-mail address, and/or telephone number where an interested person may write or call for additional information. An address, e-mail address, and designated person (the City Clerk or designee) to whom an interested person may submit evidence or public comments for the Electronic Meeting. All such submittals should, to the extent possible, be in advance of the Electronic Meeting. RESOLUTION N0.2020-04 PAGE 2 OF 3 Section 6: Quorum. For any Electronic Meeting, a quorum must be present at all times. A quorum shall be deemed to be present so long as a majority of the membership of the government decision-making body is participating in the meeting from a Remote Location through use of CMT. In the event that CMT equipment fails, causing a lack of quorum, no additional business may be conducted until the quorum is reconstituted. Section 7: Conduct of Electronic Meetings. The Mayor or Chair of the government decision-making body shall preside over the meeting. In order to minimize the occurrences of multiple simultaneous speakers, members of the government decision-making body participating from Remote Locations shall refrain from speaking until called upon by the Mayor or Chair. Public comments submitted to the City Clerk or designee shall be read into the record at the direction of the Mayor of Chair of the government decision-making body. Section 8: Quasi -Judicial Proceedings. In the event that a quasi-judicial proceeding is conducted via Electronic Meeting, the following shall apply: Evidence, testimony and argument which is offered utilizing CMT shall be afforded equal consideration as if it were offered in person. Persons intending to offer sworn testimony are responsible for making appropriate arrangements for offering sworn testimony. Applicants shall be offered the choice of either waiting to proceed with their application at a regular meeting that does not utilize CMT to establish a quorum; OR waive, in writing, the right to appeal the decision/development order rendered as a result of the Electronic Meeting on grounds that they were deprived due process because of the use of CMT. No quasi-judicial proceeding may be processed at an Electronic Meeting prior to this election being made by the applicant. Section 9: Voting. Voting shall be by verbal roll call vote. Section 10: Sunshine Law Compliance. The City Clerk or designee shall ensure that Electronic Meetings comply with all Sunshine Law Requirements not otherwise suspended or waived pursuant to an executive order or change in general law (e.g. the prompt keeping of meeting minutes, and public access). Section 11: Effective Date. This Resolution shall take effect immediately upon adoption. APPROVED and ADOPTED by the City Council of the City of Okeechobee, Florida, on this 5th day of May, 2020. ATTEST: r Lane Gamiotea, CMC, City Clerk Dowling R. Watford, J(", Mayor REVIEWED FOR LE�jA.L--S� IEN'CY-. . J - John J' -Fumero, City Attorney RESOLUTION No. 2020-04 PAGE 3 OF 3 Bobbie Jenkins From: Bobbie Jenkins Sent: Thursday, May 7, 2020 10:35 AM To: Council - Dowling Watford; Marcos Cc: Lane Gamiotea; Robin Brock; City Attorney Subject: Electronic Meeting Procedures Resolution Attachments: 2020-04 Communications Media Technology.pdf Tracking: Recipient Delivery Council - Dowling Watford Marcos Delivered: 5/7/2020 10:35 AM Lane Gamiotea Delivered: 5/7/2020 10:35 AM Robin Brock Delivered: 5/7/2020 10:36 AM City Attorney Delivered: 5/7/2020 10:36 AM Good morning, Attached is the fully executed Resolution 2020-04 adopting electronic meeting procedures for your records. Bobbie J. Jenkins Deputy Clerk City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Phone: (863) 763-3372 ext. 9814 Direct: (863) 763-9814 Fax: (863) 763-1686 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a'public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. 1