Local RulesFinal Adopted 4-5-2022
DELRAY BEACH CITY COMMISSION
Local Rules of Procedure
and
Quasi-Judicial Rules
ADOPTED IN REGULAR SESSION
APRIL 5, 2022
Table of Contents
Page
I. GOVERNING RULES ................................................................................................4
II. MEETINGS ..................................................................................................................4
A. Meetings Open to the Public ....................................................................................4
B. Schedule ...................................................................................................................4
C. Accessibility/Seating Capacity ................................................................................4
D. Regular Meetings .....................................................................................................4
E. Workshops ...............................................................................................................4
F. Special Meetings ......................................................................................................5
G. Emergency Meetings................................................................................................5
H. Public Hearings ........................................................................................................5
I. Presentation Format .................................................................................................5
J. Minutes ....................................................................................................................6
III. ORDER OF BUSINESS ..............................................................................................6
A. Official Agenda ........................................................................................................6
B. Preparation/Delivery of Agenda ..............................................................................6
C. Quorum ....................................................................................................................7
D. Roll Call ...................................................................................................................7
E. Agenda Approval .....................................................................................................7
F. Special Presentations ...............................................................................................7
G. Comments and Inquiries on Agenda and Non-Agenda Items .................................7
H. Consent Agenda .......................................................................................................8
I. Regular
J.
K.
L. - Items ..........................................................................................8
M. Case Settlements ......................................................................................................8
N. Appointments ...........................................................................................................8
O. Commissioner ..10
IV. RULES OF DEBATE ................................................................................................10
A. Decorum .................................................................................................................10
B. As to the Chair .......................................................................................................10
C. Point of Order ........................................................................................................10
D. Motion to Reconsider .............................................................................................10
E. Amended Motion ...................................................................................................11
F. Motion to Postpone ................................................................................................11
G. Adjournment ..........................................................................................................11
V. QUASI-JUDICIAL PROCEEDINGS ......................................................................11
A. Definitions..............................................................................................................11
B. Time Limits ............................................................................................................12
C. Conduct of the Hearing ..........................................................................................12
D. Cross Examination .................................................................................................13
E. Basis of Decision ...................................................................................................14
F. Applicability ..........................................................................................................14
VI. VOTING .....................................................................................................................14
A. Motions ..................................................................................................................14
B. Method ...................................................................................................................14
C. Voting Conflict ......................................................................................................15
D. Vote Change ...........................................................................................................15
E. Tie Vote .................................................................................................................15
VII. PUBLIC PARTICIPATION IN CITY GOVERNMENT ......................................15
A. Citizen Input ..........................................................................................................15
B. Accessibility ...........................................................................................................15
C. Civility ...................................................................................................................15
D. Relevancy ...............................................................................................................15
E. Manner ...................................................................................................................15
F. Allotted Time .........................................................................................................16
G. Lobbyists ................................................................................................................16
H. Consent Agenda .....................................................................................................16
I. Dissemination of Information/Use of Multimedia .................................................16
J. Employees ..............................................................................................................17
VIII. CITY COMMISSION ...............................................................................................17
A. Designation as Vice Mayor/Deputy Mayor ...........................................................17
B. Mayor/Vice Mayor Duties .....................................................................................17
C. Vice Mayor/Deputy Vice Mayor Election; Term of Office ...................................17
D. Signature by the Mayor ..........................................................................................17
E. Newly Elected Commissioners ..............................................................................17
IX. GENERAL PROVISIONS ........................................................................................18
A. Commissioner Attendance by Telephone ..............................................................18
B. 8
C. 8
D. Emails, Text Messages, Social Media 9
E. Commission Member Representation at Other Meetings ......................................19
F. Amendment, Suspension, and Construction of Rules20
G. Effective Dat20
X. EXHIBIT A..21
Rules of Procedure
I. Governing Rules.
It is the policy of the Commission of the City of Delray Beach, Florida
CommissionCommission.
The purpose of these rules is to provide for the efficient and orderly functioning of the business of
the Commission; to protect the rights of each individual; to protect the right of the majority to
decide; to protect the right of the minority to be heard; and to preserve the spirit of harmony within
the Commission and those appearing before the Commission. No other rules shall apply. The
ultimate determination of procedural matters shall rest with the Commission, subject to appeal as
set forth in Section IV below.
II. Meetings.
A. Meetings Open to the Public. All meetings of the Commission shall be open to the public
-in-the-Sunshine Law, Section 286.011, Florida
Statutes, with the exception of those meetings statutorily exempt such as collective
bargaining and litigation sessions.
B. Schedule. A meeting schedule will be distributed
organizational meeting listing the dates of all anticipated meetings of the Commission.
Meetings may be postponed or canceled by a motion approved at any Commission meeting
by a majority of the members present.
C. Accessibility/Seating Capacity. All meetings will be conducted in a building that is open
and accessible to the public, unless otherwise designated by the Commission or required
by events. Due to the need to comply with the fire code, there may be occasions when
entrance by the public to the Commission Chambers or other meeting room is limited. To
the extent possible, alternative seating arrangements may be made.
D. Regular Meetings. Unless otherwise advertised, regular meetings of the Commission
typically will commence at 4:00 p.m. on the first and third Tuesdays of each month. There
shall be no regular Commission meeting on the date of any City of Delray Beach (City)
election, vote, or referendum. Any meeting required by law that would otherwise have
been scheduled for such date shall be rescheduled on the Thursday immediately following
the election at 4:00 p.m. at City Hall. In an election year, the second regular meeting during
the month of March shall take place immediately after the annual organizational meeting
and the swearing in of the new Commission. All regular Commission meetings shall be
held in the Commission Chambers at City Hall, unless otherwise designated by the
Commission or required by events. All meetings of the Commission shall end by 11:00
p.m., unless extended beyond 11:00 p.m. by a vote of the Commission. If the meeting is
adjourned, any unfinished business shall be considered at a time and place set by the
Commission.
E. Workshops. Workshops are held to discuss items of special importance or complexity that
require longer than usual staff presentation and Commission questions. Quarterly
workshops will be held pursuant to requests made pursuant to Section 1.1.6 of the Land
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Development Regulations (LDR) to amend the text, graphics, maps, or other information
. Presentations at workshops should be limited to ten
(10) minutes unless additional time is allotted. These meetings are typically held on the
second Tuesday of each month.
F. Special Meetings. A special meeting may be called by the Mayor or by a majority of the
Commission in accordance with section 3.12 of City Charter of the City of Delray Beach.
Whenever practicable, there shall be at least twe
to individual members of the Commission and to the public unless otherwise required by
the City Charter. If after reasonable diligence, it was not possible to give notice to each
Commissioner, or to allow 12 hours to elapse between the time the Clerk receives notice of
the meeting and the time the meeting is held, such failure shall not affect the legality of the
meeting if a quorum is in attendance. Reasonable public notice of the special meeting
sufficient to comply with Section 286.011, Florida Statutes, shall be given. If a
determination to hold a special meeting is reflected in the record of any Commission
meeting, no additional notice is required unless otherwise mandated by Florida law.
G. Emergency Meetings. An emergency meeting of the Commission may be called by the
Mayor or by a majority of the Commission whenever an emergency exists which requires
immediate action by the Commission. Whenever an emergency meeting is called, the Clerk
shall notify each member of the Commission in writing or verbally of the date, time and
place of the meeting and the purpose for which it is called, and no other business shall be
transacted. At least 12 hours shall elapse between the time the Clerk receives notice of the
meeting and the time the meeting is to be held. If because of the nature of the emergency
it is not possible to give notice to each Commissioner or it is impossible to allow 12 hours
to elapse between the time the Clerk receives notice of the meeting and the time the meeting
is held, such failure shall not affect the legality of the meeting if a quorum is in attendance.
Reasonable public notice of any emergency meeting sufficient to comply with Section
286.011, Florida Statutes, shall be given.
H. Public Hearings. Public hearings shall be held as prescribed by law and may be held to
receive public comments on matters of great public importance. Public hearings will
commence at or as soon as possible after the advertised time. In no event will public
hearings commence prior to the advertised time.
I. Presentation Format. As a general rule, the order of item presentation during most
meetings of the Commission shall be as follows, subject to change depending on the item
under consideration:
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1. Chair announces item
2. Staff presentation, if any
3. Commission asks only questions of staff (no debate)
4. Public comment, if any
5. Public comment is closed
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6. Commission discussion
7. Motion Made; Motion Seconded
8. Discussion on the Motion, if any; Amendments to the Motion, if any
9. Vote taken (no discussion/debate during vote)
J. Minutes. The City Clerk shall take accurate minutes of the proceedings of every meeting
of the Commission, with the exception of statutorily closed sessions where no minutes are
to be taken. Unless a reading of the minutes of a meeting is requested by a majority of the
Commission, such minutes, when approved by the Commission and signed by the Chair
and the Clerk, shall be considered approved without reading; provided that the Clerk
delivered a copy thereof to each member of the Commission at least two full business days
preceding the meeting. The minutes of prior meetings may be approved by a majority of
the members present, and upon such approval, shall become the official minutes.
III. Order of Business.
A. Official Agenda. There shall be an official agenda established by the City Manager for
every meeting of the Commission, which shall set forth the order of business to be
conducted at the meeting. The agenda format for a typical regular Commission meeting
shall be substantially as follows:
1. ROLL CALL
2. PLEDGE OF ALLEGIANCE TO THE FLAG
3. AGENDA APPROVAL
a. Additions, Deletions, Substitutions
4. PRESENTATIONS
5. COMMENTS AND INQUIRIES ON AGENDA AND NON-AGENDA
ITEMS FROM THE PUBLIC
6. CONSENT AGENDA
7. REGULAR AGENDA
8. PUBLIC HEARINGS/SECOND READINGS
9. FIRST READINGS
10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS
a. City Manager
b. City Attorney
c. Commission
11. ADJOURNMENT
*Workshop and other meeting agendas shall be prepared by the City Manager in an
appropriate format. The format for any Commission meeting, unless otherwise
provided by law, may be revised by majority vote of the Commission without
further action required.
B. Preparation/Delivery of Agenda. The City Manager shall prepare the agenda and make
every effort to deliver a complete agenda to the Commission no later than 5:00 P.M. on the
Tuesday prior to the regular meeting. Agendas for special and emergency meetings and
workshops will be distributed in as timely a manner as possible. The agenda, as well as
-up documentation,
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shall be available for review by the public.
1.
Administration may place items on either workshop or regular agendas, all
regular agendas shall be subject to review in advance by the Mayor prior to
the publication, except that a majority of the members of the Commission
may request that the City Manager place or remove an item on such regular
agendas, and that all such regular agendas shall be further subject to the
approval of the Commission preceding the conduct of business at each such
meeting.
2. If any member of the Commission has a question or concern about an item
from an agenda, any such request or inquiry shall be directed to the City
Manager for disposition as opposed to any Commission member contacting
any City officer or employee who is subject to the direction and supervision
of the City Manager.
C. Quorum. A majority of the Commission shall constitute a quorum. If no quorum exists
within thirty (30) minutes after the time designated for the meeting of the Commission to
commence or if a quorum is lost, the Mayor or the Vice Mayor or, in their absence, the
Deputy Vice Mayor, shall adjourn the meeting. The names of the members present and the
time of adjournment shall be recorded in the minutes by the Clerk.
D. Roll Call. If a quorum exists, the Mayor shall call the meeting to order. In the absence of
the Mayor, the Vice Mayor shall call the meeting to order. If both are absent, the Deputy
Vice Mayor shall call the meeting to order. Upon arrival of the Mayor or the Vice Mayor,
the Deputy Vice Mayor shall relinquish the gavel upon conclusion of the business
immediately before the Commission at that time. Before proceeding with the business of
the Commission, the City Clerk shall call the roll of the members, and the names of those
members present and absent shall be entered into the minutes.
E. Agenda Approval. Only items listed on the official agenda will be acted upon unless
additional items are authorized by a majority of the Commission.
F. Special Presentations. This is the segment of the meeting where positive recognition is
expressed. Proclamations, Certificates of Appreciation or Commendations are typically
week, or month as something specific. Certificates of Appreciation and Commendation
should be done when honoring an individual or accomplishment. Whenever practical, the
use of certificates is encouraged.
G. Comments and Inquiries on Agenda and Non-Agenda Items from the Public.
Members of the public may address the Commission Comments and Inquiries on
Agenda and Non-Agenda Items from the Public
regular meetings. Procedures for addressing the Commission are set forth in Section VII.
below.
1. Any items received during the public comment portion of the agenda may,
at the discretion of the Commission, be discussed by the Commission at the
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time of such presentation, may be directed by the Commission to the City
Manager for action or resolution, or may be added to a subsequent agenda
if a majority of the Commission so directs, either by consensus or by vote.
H. Consent Agenda. Consent Agenda items are typically routine in nature, non-
controversial, do not deviate from past Commission direction or policy and do not require
public discussion. They usually do not require Commission comment and are voted on as
a group. Any item may be pulled by a Commissioner for discussion. Members of the public
may speak to any consent item in accordance with Section VII below.
I. Regular Agenda. Items appearing on the Regular Agenda require Commission direction,
a policy decision, or are otherwise of great significance necessitating separate attention and
action. Items will be addressed individually in the order presented on the Agenda, unless
reordered upon approval by a majority of the Commission. Items of great public interest
that are assigned a time certain should not be considered until the designated time.
J. Public Hearings. Items that are not quasi-judicial in nature will be presented to the
Commission for a maximum of ten (10) minutes in accordance with any requirements
pursuant to State statute. Allowing additional time to the presenter
discretion based on a consensus of the Commission.
K. First/Second Readings. First Readings of City ordinances will comprise of the City
Attorney reading the caption of the Ordinance followed by Commission discussion. No
presentations will be made by applicants or by staff. Second Readings will include a
presentation by staff and, if applicable, the applicant, public comment, and commission
discussion. Presentations will be limited to a maximum of ten (10) minutes for staff and,
if there is an applicant initiating the request, an additional 10 minutes will be afforded for
their presentation
consensus of the Commission.
L. -In the event of an unforeseen, urgent or emergency situation
(defined as significantly relevant to the health, safety or general welfare of the residents of
Delray Beach), an item may be added to the Regular Agenda upon approval of the City
Manager, bypassing the normal submittal and review process. The Commission should be
-agenda item as soon as possible prior to the scheduled
Commission meeting.
M. Case Settlements. Any member of the public may comment on any proposed litigation
settlement, during the Comments and Inquiries on Agenda and Non-Agenda Items from
the Public portion of the agenda prior to the Commission consideration of same. Case
settlements appear on the Consent Agenda.
N. Appointments.
1. Commission Appointments. All appointments to advisory boards or committees,
whose members are not subject to appointment by other entities, shall be made in
accordance with the following procedures, subject to any applicable restrictions by
State Statute:
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a. All vacancies subject to appointment to such advisory boards or committees
shall be made on a nomination basis by each of the members of the
Commission. This nomination shall be construed to be a Motion to Appoint.
The Commission shall follow the voting requirements pursuant to Section
3.12 of the City's Charter. A Commissioner may defer his or her nomination
for an appointment to the next scheduled regular Commission meeting. If a
Commissioner is not ready to make his or her nomination for an appointment
at the next scheduled regular meeting, regardless of whether the
Commissioner is present or absent at the meeting, the nomination shall rotate
to the next appropriate Commissioner. Under no circumstances may a
Commissioner nomination for an appointment be delayed for more than two
consecutive regular Commission meetings.
b. The rotation system shall be by numbered Commission seat and insofar as
possible, each Commission seat shall be assigned an equal number of initial
appointments from the date of adoption of these rules, i.e.:
Commission A - Order of Rotation: Seat 1, Seat 2, Seat 3, Seat 4, Seat 5
Commission B - Order of Rotation: Seat 2, Seat 3, Seat 4, Seat 5, Seat 1
Commission C - Order of Rotation: Seat 3, Seat 4, Seat 5, Seat 1, Seat 2
c. A separate rotation list shall be established by the City Clerk's office for each
advisory board or committee, and the City Clerk's office shall maintain
records of the rotation list, the status of same, and the nominations made by
each Commissioner.
d. In the event that there is only one available applicant for a nomination, the
Commissioner making the nomination will be afforded the next opportunity
for appointment to the same board.
e. In the event that an individual, duly nominated and appointed to an advisory
board or committee by a Commissioner at a Commission meeting, is unable
to accept or declines the appointment, for whatever reason, then the
Commissioner who appointed the individual unable to serve shall have the
opportunity to nominate a replacement appointee to fill the vacancy before
the nomination ability passes to the next Commissioner on the rotation
system. Such replacement nomination by the Commissioner shall be made
no later than the second consecutive regular meeting subsequent to the
meeting at which the declined appointment was made. If the replacement
nomination is not made within this time frame, then the ability to nominate
shall pass to the next Commissioner on the rotation system.
f. Appointments for vacancies occurring on a Commission wherein a particular
member has, for whatever reason, not fulfilled their entire term of
membership on that particular advisory board or committee, shall be able to
complete the unexpired term only, unless the unexpired term is for a period
of time less than six (6) months. In that event, the appointed member shall
then be allowed to serve the following full regular term without
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reappointment.
g. No application for appointment shall be considered for a current board
member whose term has not yet expired.
O. Commissioner Comments. The purpose of Commissioner Comments is to promote the
public discussion of matters relating to City business and to encourage the dissemination of
information. Commissioners seeking consensus on a matter relating to City business shall
submit reports and information to the City Clerk prior to publication of the agenda.
Commissioners may also request the preparation of proclamations, resolutions, ordinances,
reports, and other actions of the Commission during this portion of the agenda, subject to
majority consensus. All such requests shall be referred to the City Manager or the City
Attorney, as appropriate. Official actions may be taken under comments in the case of an
emergency or for other situations necessitating immediate action as may be determined by
a majority of the Commission.
IV. Rules of Debate.
This section sets forth the rules of debate to maintain decorum, the various motions available for
use by the Commission, and related matters. The general parliamentary procedure to be followed
by the Commission of the City of Delray Beach, Florida, except as otherwise modified by the
Commission or as modified or amended herein, shall be in accordance with the rules of
parliamentary procedures entitled "Robert's Rules of Order", being the reprint of the 1907 edition.
A. Decorum. Every member of the Commission has a right to speak in the debate and shall
always be recognized by the Chair. Non-
discretion.
B. As to the Chair. Upon passing the gavel, the Chair or other presiding member of the
Commission may move or second a motion.
C. Point of Order. Any member who believes that a breach of the rules has occurred has a
right to call immediate attention to the matter by raising a of A point of order
(1) may interrupt a speaker who has the floor; (2) does not need to be seconded; (3) is not
debatable; and (4) is decided by the Chair. By motion and second, a decision of the Chair
on a point of order may be appealed to the Commission and, without debate, the Chair shall
submit to the Commission
the Commission shall decide by a majority vote.
D. Motion to Reconsider. An action of the Commission may be reconsidered at the same
meeting or the very next regular meeting. A motion to reconsider can only be made by a
member who voted on the prevailing side of the motion, and is debatable. Such motion
shall not be entertained: (1) if the approved action has been partially or fully carried out; (2)
if a contract, when the party to the contract has been notified of the outcome; (3) if an
ordinance or other action taken after a required public hearing; or (4) if the vote has caused
something to be done that is impossible to undo. Adoption of a motion to reconsider shall
rescind the original action; therefore a new motion, second, and vote is required to take formal
action on the item, if desired, and shall take place at a future meeting. If a motion to reconsider is
not brought forward in a timely manner, yet a Commissioner would like to revisit the issue, the
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item may be placed on a future agenda provided that (1) new information has been discovered that
if known at the time of the original vote, the outcome may have been different; (2) a majority of the
Commission approves; and (3) none of the instances set forth above that would prohibit a motion
to reconsider exist. In order to promote efficiency and finality, only one motion to reconsider may
be made on an action item.
E. Amended Motion. A member may amend a motion if he/she is not in agreement with the
motion on the floor. This motion is debatable.
F. Motion to Postpone. If a member would like to defer consideration of a matter, a motion
to postpone is in order, which shall include a time and date certain to continue the
discussion no later than 60 days from the date the motion is made. When postponing an
advertised public hearing, a time and date certain must be included in the motion. This
motion is debatable. In order to promote efficiency and finality, only one motion to postpone may
be made on an action item.
G. Adjournment. No motion is required to end the meeting. The Chair declares the meeting
adjourned without objection.
V. Quasi-Judicial Hearings.
This section sets forth the rules for proceedings where existing policies and regulations are applied
to a specific property and/or individual. Examples are site specific rezonings, conditional use
approvals, site plan approvals, waivers, variances, code compliance hearings, certificates of
appropriateness, and historic designations, but not land use amendments or amendments to the
comprehensive plan and not generally, amendments to the Land Development Regulations. Plat
approvals are administrative.
A. Definitions.
1. Applicant - the owner of record and/or his or her authorized agent(s).
2. Citizen Participants/Witnesses - those members of the public, other than the City or
the Applicant, who attend a quasi-judicial public hearing for the purpose of being
heard on a particular application.
3. Competent and Substantial Evidence - Substantial evidence has been described as
such evidence as will establish a substantial basis of fact from which the fact at issue
can be reasonably inferred. When the adjective competent is used to modify
sufficiently relevant and material that a reasonable mind would accept it as adequate
to support a conclusion. DeGroot v. Sheffield, 95 So.2d 912 (Fla. 1957).
4. Ex Parte - communications, oral or written, between members serving on the board
or commission and the public, other than those made on the record at the hearing.
This also includes site visits and any other information related to the application that
has been obtained outside of the public hearing.
5. Party In accordance with Carillon Community Residential, etc., et al. v. Seminole
County, et al.-judicial
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judicial proceedings conducted by the City of Delray Beach are the applicable city
board or commission and the party.
6. Project File - The Planning and Zoning Department shall establish and maintain a
project file. All written communications shall be sent to the Planning and Zoning
Department. The project file will contain all written communications sent to the
Planning and Zoning Department prior to and, if applicable, during the hearing. The
project file will include, but will not be limited to, all staff reports, pertinent sections
of the Land Development Regulations and Comprehensive Plan. The project file may
contain curricula vitae, drawings, documents and all other pertinent documents. The
project file shall be made available for inspection upon request.
7. Relevant Evidence Evidence that either strengthens or weakens the application by
supporting or disapproving factual assertions related to the application. Evidence
must also be competent and substantial.
B. Time Limits.
1. Applicant. The applicant (or his/her representative or counsel) shall have a
maximum of twenty (20) minutes to make their full presentation, including opening
statement and all direct presentation by witnesses, but excluding any cross-
examination or questions from the Commission.
2. City staff
minutes to make their full presentation, including opening statement and all direct
presentation by witnesses, but excluding any cross-examination or questions from the
Commission.
3. Citizen Participants in General. Citizen participants not represented by a
representative speaker shall have three (3) minutes to speak.
4. Participants with a Representative. Speakers representing a group of six (6) or
more interested citizens in attendance at the meeting shall have six (6) minutes to
speak, so long as those being represented identify themselves and yield their time to
the representative at the meeting.
5. Representing an Organization. Speakers representing an organization that is
comprised of interested citizens shall have six (6) minutes to speak.
6. Extension of Time by the Commission or Board. The Commission or the Board
may, at their reasonable discretion, extend the time for presentations. However, once
the public portion of the hearing is closed no further public comment shall be heard
except for any cross-examination conducted by the Commission or Board or the
Applicant.
C. Conduct of the Hearing.
1. Testimony Under Oath. The Applicant, all Citizen Participants/Witnesses and their
representatives, and City Staff who plan to offer testimony or submit evidence at the
hearing shall collectively be sworn at the beginning of the hearing by the City Clerk,
the City Clerk's designee, or the Board clerk.
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2. The Planning and Zoning Staff member making the presentation shall place the
project file into the record.
3. Disclosure of Ex Parte Communications. The Commission or Board shall disclose
any ex parte communications and disclose whether any member physically inspected
the property. To the extent possible, the Commissioner or Board member shall
identify with whom the communication took place, summarize the substance of the
communication, and the date of the site visit, if any. The Commissioners or Board
members shall give the City Clerk, his or her designee, or Board clerk, any written ex
parte communications they have received that are not already included in the project
file.
4. Presentation of the Case.
(a) The Applicant shall present its case.
(b) The City Staff shall present its case.
(c) The public portion of the hearing shall be opened and testimony from Citizen
participants or their representatives may be taken, both for and against the
application.
(d) The parties shall have the opportunity to cross-examine Citizen
Participants/Witnesses after the presentation of a witness, and the manner and
the conduct of cross-examination shall be as provided in these rules. The
public portion of the hearing shall be closed and no additional testimony shall
be taken from or questions posed to Citizen Participants/Witnesses.
(e) The parties may respond to any statements or evidence already presented, also
known as rebuttal testimony.
(f) The Commission or Board may ask questions of the Applicant or City Staff at
any time during the proceeding.
(g) The Commission or Board will commence deliberations and render a decision.
D. Cross-examination.
1. Persons to be Cross-Examined. The City Staff, the Applicant, and Citizen
Participants/Witnesses are subject to cross-examination as set forth herein.
2. Cross-Examination Guidelines.
(a) Anyone who offers testimony or submits evidence which is accepted into the
record for consideration by the Commission or Board may be cross-examined
by the parties. The Commission or Board shall have to opportunity to cross-
examine any witness first and then the Applicant. Cross-examination may
continue until the parties have exhausted their inquiries.
(b) Only the parties (the Applicant and the City) may cross-examine.
(c) Cross-examination shall be limited to two (2) minutes. The Chair, via a
consensus of the Commission, may enlarge the time period allowed for cross-
examination when necessary to ensure due process is provided.
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(d) The Commission or Board may ask questions of anyone who testifies at any
time during the proceedings.
3. Relevancy. All relevant evidence shall be accepted.
4. Scope. The scope of the cross-examination shall be limited to the facts alleged by the
person testifying in relation to the application.
5. Good Faith Questions. The cross-examination shall not be designed to merely
harass, intimidate, or embarrass the person testifying.
6. Power to Halt Cross Examination. The Mayor or Board Chair shall determine
whether the question and evidence is relevant and the proper scope of cross-
examination. In the absence of the Mayor or Board Chair, the term Mayor or Board
Chair shall be deemed to include the person authorized to run the meeting in their
absence. The Mayor or Board Chair may defer to the City Attorney (or Assistant City
Attorney) to determine the relevancy of the question and the evidence and the proper
scope of the cross-examination. The person conducting the cross-examination may
be stopped from pursuing a line of questioning, if the questioning is on an issue that
is not relevant, the scope of proper cross examination is exceeded, or the cross-
examination is conducted in a manner that is designed to harass, intimidate, or
embarrass the person being cross-examined. If a person conducting the cross-
examination continues to pursue improper lines of questioning, the Mayor or Board
Chair may halt the cross-examination.
E. Basis of Decision. All decisions shall be based on the record evidence presented at the
hearing on the case, which shall include the agenda materials, minutes, the entire project file,
testimony presented, and other evidence presented. Strict rules of evidence shall not apply,
but evidence must be relevant to the issues before the Commission or the Board and be of
sufficient quality to be deemed both competent and substantial.
F. Applicability. These rules only apply to proceedings and hearings that are quasi-judicial in
nature. These rules are applicable to the City Commission and all other City Boards.
VI. Voting.
A. Motions. Motions require a majority vote of those members present for passage. If a
supermajority vote is required, the motion must receive an affirmative vote of a majority of
those present and voting, plus one, unless otherwise required by charter, special or general
law, or ordinance. Final action on a pending motion may be postponed in accordance with
paragraph IV. F.above.
B. Method. Votes taken on ordinances, resolutions, and motions shall be by roll call and shall
be recorded by the City Clerk. The Chair shall call for the vote and announce the results,
which will be recorded by the Clerk. Every member who is in the Commission Chambers
must vote, unless the member has publicly stated that he/she is abstaining from voting due to
a conflict of interest pursuant to Sections 112.3143 or 286.012, Florida Statutes. (See
vote.
1. The roll call shall be on a rotating basis and according to the numbered
Commission seats, i.e.:
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Motion A - Order of rotation: Seat 1, Seat 2, Seat 3, Seat 4, Seat 5
Motion B - Order of rotation: Seat 2, Seat 3, Seat 4, Seat 5, Seat 1
Motion C - Order of rotation: Seat 3, Seat 4, Seat 5, Seat 1, Seat 2, etc.
C. Voting Conflict. No Commissioner shall vote on a matter when the Commissioner has a
voting conflict pursuant to Sections 112.3143 or 286.011, Florida Statutes. Further, in
accordance with the Palm Beach County Code of Ethics, any Commissioner with a conflict
shall not participate in the discussion of the item. The abstaining member shall comply with
the requirements of the referenced state law as applicable, including the filing of Form 8B
days of the meeting at
which the conflict was declared. A copy of Form 8B shall also be filed with the City Clerk.
D. Vote Change. Any Commissioner may change his/her vote before the next item is called
for consideration.
E. Tie Vote. A tie vote shall result in the failure of the motion; however, there is no prevailing
side for the purposes of a Motion to Reconsider. Any member of the Commission may, at
the next regular meeting and with approval by a majority of the Commission, request that the
item be placed on a future agenda for consideration.
VII. Public Participation in City Government.
A. Citizen Input. The Commission recognizes the important right of all citizens to express
their opinions on the operation of City government and encourages citizen participation in
the local government process. The Commission also recognizes the necessity for conducting
orderly and efficient meetings so that City business may be completed efficiently,
effectively, and timely. Members of the public wishing to speak at Commission meetings
shall comply with the procedures set forth below.
B. Accessibility. All persons with disabilities shall be provided reasonable assistance to enable
them to effectively participate in Commission meetings.
C. Civility. All public comments and any multimedia shown or material distributed shall avoid
personal attacks, abusive language, and redundancy. The Chair may curtail repetitious
comments. No person attending a Commission meeting is to harass or otherwise disturb any
other person in the room. Any person making impertinent or slanderous remarks or whose
behavior is disruptive shall be subject to removal from the Commission Chambers by law
enforcement, or such other action as may be appropriate, and barred from making any
additional comments during the meeting by the Chair, unless permission to continue or again
address the Commission is granted by a majority vote of the Commission members present.
D. Relevancy. Comments shall be limited to the subject being considered by the Commission.
Comments during Comments and Inquiries on Agenda and Non-Agenda Items from the
PublicCity issues. Comments on any matter appearing on the agenda
the same day are to be made at the time the item is considered under the Regular Agenda
Comments and Inquiries on Agenda and Non-Agenda Items from the
Public
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E. Manner. Each person addressing the Commission shall step up to the podium and give
his/her name and address for the record. No person other than a member of the Commission
and the person having the floor shall be permitted to enter into any discussion without the
permission of the Chair. All remarks shall be addressed to the Commission as a body and
not to any individual member or the audience. Commissioners may ask questions of the
speaker after his/her uninterrupted comments have been made. No question shall be directed
to a Commissioner or staff except through the Chair. No persons other than members of the
Commission, City staff, individuals participating in an agenda item presentation at the staff
table, or persons authorized by the Chair, are allowed beyond the podiums.
F. Allotted Time. Each member of the public shall be granted three (3) minutes to speak on
agenda or non-agenda items at regular Commission meetings. Public comment on quasi-
judicial items and items that have been set for a formal public hearing shall only be allowed
when those items are specifically heard by the Commission.
time by another individual is within the ChairIn the event more than twenty
(20) people indicate their desire to speak on the same or a related subject, the Chair, by
consensus of the Commission, may establish a maximum time limit, not to exceed one hour,
for public comments.
1. Citizen Participants in General. Citizen participants not represented by
a representative speaker shall have three (3) minutes to speak.
2. Participants with a Representative. Speakers representing a group of six
(6) or more interested citizens in attendance at the meeting shall have six
(6) minutes to speak, so long as those being represented identify
themselves and yield their time to the representative at the meeting.
3. Representing an Organization. Speakers representing an organization
that is comprised of interested citizens shall have six (6) minutes to speak.
4. Extension of Time by the Commission. The Commission may, at their
reasonable discretion, extend the time for presentations. However, once
the public portion of the hearing is closed no further public comment shall
be heard except for any cross-examination conducted by the City staff or
the Applicant.
G. Lobbyists. Palm Beach County Lobbyist
Registration Ordinance shall register before addressing the Commission unless an exception
set forth in the ordinance applies.
H. Consent Agenda. Prior to Commission approval of the Consent Agenda, public comment
will be accepted.
I. Dissemination of Information/Use of Multimedia. Any member of the public desiring to
submit information to the Commission relevant to the item may do so only when they are at
the podium and recognized to speak. No motion to receive and file any submission by the
public is necessary to make same a part of the record. Due to time constraints, there shall
be no expectation that the Commission will read any information submitted at a meeting.
Early submission of information relevant to an item appearing for Commission
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consideration is encouraged. The public is authorized to use multimedia supportive of their
comments. Multimedia is to be submitted to the City Clerk at least one (1) working day
prior to the Commission meeting.
J. Employees. Employees of the City have every right as any other member of the public to
address the Commission. However, comments pertaining to an active grievance, arbitration,
or other personnel dispute are not appropriate for this forum.
VIII. City Commission.
A. Designation as Vice Mayor/Deputy Vice Mayor. The Vice Mayor and Deputy Vice
Mayor shall be selected annually from and by the members of the Commission at the
organizational meeting. The Commission shall select from the Commissioners, other than
the Mayor, a Vice Mayor and Deputy Vice Mayor.
B. Mayor/Vice Mayor Duties. The Mayor presides over Commission meetings and is
recognized as the ceremonial dignitary who serves as the official representative. The
responsibilities include, but are not limited to, the following:
1. Calling the meeting to order after ascertaining that a quorum is present.
2. Preserving order and deciding points of order.
3. Expediting business in a way that is compatible with the rights of
members of the Commission.
4. Executing documents as provided in paragraph D, below.
5. Declaring the meeting adjourned.
The Vice Mayor acts in the absence of the Mayor or, in the event of his/her inability to
serve by reason of illness or accident, shall perform the duties and functions of the Mayor
until his/her return.
C. Vice Mayor/Deputy Vice Mayor Election; Term of Office. The term of the Vice Mayor
and Deputy Vice Mayor shall serve in their respective capacities at the pleasure of the
Commission until the organizational meeting for the Commission of the following year. The
election process shall be as follows:
1. The Mayor calls for nominations
thereafter for t.
2. Nominations are made and a second is required.
3. The Clerk calls for a vote.
D. Signature by the Mayor. Generally, all items approved by the Commission will be hand
delivered to the office for signature. When the items have been signed, the
documents will be released only to the City Clerk to be attested, sealed and distributed. The
Vice Mayor, if available, shall execute items if the Mayor is unavailable. If the Mayor and
Vice Mayor are not available, and there is a need to obtain an immediate signature, the
Deputy Vice Mayor may sign a document. Strict adherence to this procedure is necessary
to ensure the integrity of the documents and particularly to expedite handling those items
with time constraints.
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E. Newly Elected Commissioners. The term of City Commissioners elected to office shall
commence on the last Thursday following the municipal election as specified in Section
3.04 of the City Charter. A swearing-in ceremony for newly elected commissioners will be
coordinated by the City Manager. An orientation program for all new Commissioners will
be provided by the City Manager and the City Attorney.
IX. General Provisions.
A. Commissioner Attendance by Telephone. There may be times when a Commissioner is
physically unable to attend a Commission meeting. If a majority of the members of the
Commission present in the Commission Chambers determines that extraordinary
circumstances exist to justify the absence of a Commissioner from a meeting, the
Commission may allow the absent Commissioner to participate by telephone conference
or other interactive electronic technology. The determination of whether an extraordinary
circumstance exists is left to the Commission good judgment. A physical quorum must
be established before a determination can be made concerning participation by the absent
Commissioner. In instances in which the physically absent C ommissioner participates in a
meeting, the Commissioner shall be allowed to cast his/her vote.
B. Commissioner Decorum and Civility. It is expressly understood and valued by the
Commission that all issues brought before the Commission are fairly debated and
discussed with full participation from the public and City staff. All decisions of the
Commission are decided by the majority and will be respected. With that understanding,
all members of the Commission must strive to unify the Commission and support the
decisions of the collective body.
1. During meetings, Commissioners shall:
a. treat each other, City staff, and members of the public with dignity,
courtesy, and respect; and
b. encourage and/or ensure that the public treats the Commission, City
staff, and members of the public with dignity, courtesy, and respect;
and
c. maintain confidentiality of closed-door sessions; and
d. be attentive; and
e. encourage diverse viewpoints; and
f. promote discussion and resolution.
2. After adjournment, Commissioners shall support their colleagues and
support the decisions of the Board.
3. Communications sent in an official capacity containing the personal views
of a commissioner must include the following disclaimer in a conspicuous
The opinions reflected herein belong to the author and do not
reflect City of Delray Beach policy
C. Ethical Conduct. Officials of the City of Delray Beach are subject to the provisions of
the Palm Beach County Code of Ethics in addition to any and all state and federal laws
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governing ethical conduct of officials as well as all local laws, rules, regulations and
policies. No Commissioner shall participate in any activity on behalf of the City of Delray
Beach that:
1. Promotes or exhibits hate, bias, discrimination;
2. Advocates the agenda or position of a political party, candidate for elected
office, ballot initiative, or campaign or fundraising websites of holders for
candidates for political office;
3. Posts, on social media or otherwise, communications that expressly
advocate the approval or rejection of a clearly identified ballot measure or
candidate appearing on a local ballot;
4. Violates any federal or state local law, regulation, policy, or standard.
D. Emails, Text Messages, Social Media Posts, and Other Electronic Records. Florida
Statute Chapter 119 defines emails, text messages, and social media posts as public
records if they are made or received in connection with official business and intended to
perpetuate, communicate, or formalize knowledge. Consequently, the City has a duty to
store and archive these electronic records and members of the Commission shall conform
to the following practices.
1. Email Communications. Commissioners shall use their City-issued email
for sending and receiving emails made or received in connection with
official City business as defined above. If an email is sent to a
the email to their City-issued email address.
2. Text Communications. Commissioners that receive text messages made
or received in connection with official City business as defined above shall
forward the message to their City-issued email address.
3. Social Media Posts. The City of Delray Beach encourages the use of
social media to promote transparency and efficiency in its communications
to the public. While the State of Florida has a broad public records law,
some information in City records is confidential or subject to privileges or
exemption under Chapter 119 and shall not be conveyed through social
media platforms. Examples include, but are not limited to, attorney-client
privileged information, records pertaining to pending litigation, personal
information of City of Delray Beach employees not subject to disclosure
pursuant to the Public Records Act. Comments on a social media platforms
about City matters or issues shall include a disclaimer that the opinion or
statement expressed therein are those of the commissioner and are not
representations of the City of Delray Beach or its Commission.
E. Commission Member Representation at Other Meetings. The Mayor or his/her
designee will represent the Commission at meetings, conferences or other occasions
involving other governmental entities, agencies, officials or groups, or nongovernmental
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organizations, departments, agencies or officials, and report back to the Commission
anything of significance. The Commission may designate another member to represent the
Commission. The Mayor or his/her designee shall have no power to act for or on behalf of
the Commission or the City, unless previously authorized to do so.
F. Amendment, Suspension, and Construction of Rules. Any amendment of these rules
shall be in accordance with the Florida law or the City Charter as may be applicable. The
Commission may temporarily suspend any rule during a meeting with an affirmative vote of
a majority of the Commission. These rules are for the efficient and orderly conduct of
Commission business only; no violation of such rules shall invalidate any action of the
Commission when approved by a majority vote.
G. Effective Date. These rules shall go into effect immediately upon adoption subject to any
changes to the Code of Ordinances as referenced herein and shall supersede all other rules
previously adopted by the Commission.
Adopted April 5, 2022
Effective April 5, 2022
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Exhibit A
QUASI-JUDICIAL HEARING INTRODUCTION
This hearing shall be conducted in accordance with quasi-judicial rules. The Applicant and the City
shall be allowed 20 minutes each to present their case. The Public shall be allowed to speak for 3
minutes each or a maximum of 6 minutes if the person represents an organization or a group of
people who are present but agree not to speak. The City Commission/Staff and the Applicant may
be allowed to cross-examine a witness. The City or the Applicant will be allowed to offer rebuttal
testimony.
The decision to approve or deny an application or appeal may not legally be made upon personal
views as to whether a project is a good project of not, nor may a decision be based on the numbers
of citizens who support or oppose a particular project. The law requires that all decision must be
made on the basis of whether the project meets the requirements of law, the Comprehensive Plan,
and the Land Development Regulations.
SUMMARY OF QUASI-JUDICIAL PROCESS
1. Swear in Witnesses.
2. Enter Project File into the Record.
3. Disclosure of Ex-Parte Communication by City Commissioners.
4. Presentation of the Case.
a. The Applicant shall present its case, including witnesses.
b. City staff shall present its case, including witnesses.
c. Members of the public may speak for or against subject to the time limitations in
Section VI(A), supra.
5. Cross examination and/or Rebuttal will be allowed after public comment. City
Commission/Staff and the Applicant shall be allowed to cross examine anyone who testified
during the hearing.
6. Discussion by the Commission.
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