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ITEM: RESOLUTION NO. R2024-41 (ADOPTING NEW COUNCIL PROCEDURES)
A RESOLUTION OF WELLINGTON, FLORIDA'S COUNCIL REVISING THE RULES OF PROCEDURE FOR COUNCIL MEETINGS; AND PROVIDING AN EFFECTIVE DATE.
REQUEST: Approval of Resolution No. R2024-41 adopting New Council Procedures.
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EXPLANATION: Wellington's Council meetings are currently governed by the procedures adopted through Resolution No. R2011-75. In the 13 years since the passage of the resolution, there have been changes in the law that have required the Council to modify how it conducts its meetings. For example, in 2013, the Florida Legislature adopted section 286.0114, Florida Statutes, which governs public meetings, the adoption of procedures for public meetings, and the opportunity of the public to be heard during the decision-making process. Under the statute, members of the public must be able to be heard on matters prior to official action, including items on the consent agenda. In addition, recent court decisions have clarified that general prohibitions against personally directed and offensive remarks constitute viewpoint discrimination, see, e.g., Marshall v. Amuso, 571 F. Supp. 3d 412, 422 (E.D. Pa. 2021), which the U.S. Supreme Court has described as "an egregious form of content discrimination. Rosenberger v. Rector & Visitors of Univ. of Va., 515 U.S. 819, 829 (1995).
Further, the quasi-judicial hearing procedures currently in place are vulnerable to being used by interested parties and members of the public in a manner not intended when the rules were adopted. The proposed procedures address those concerns as well as clarify other procedural matters to ensure a fair and efficient process.
BUDGET AMENDMENT REQUIRED: NO
PUBLIC HEARING: NO QUASI-JUDICIAL:
FIRST READING: SECOND READING:
LEGAL SUFFICIENCY: YES
FISCAL IMPACT: NONE
WELLINGTON FUNDAMENTAL: Responsive Government
RECOMMENDATION: Approval of Resolution No. R2024-41 adopting New Council Proc...
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