4234 Encourage Public ParticipationOrdinance No. 2011- 4234
An ordinance of the City of Sanford, Florida relating to the
commitment of the City Commission and the City of Sanford to
allow the expression of views and ideas and to encourage
public participation in all of its hearings, meetings, processes,
programs and operations; providing for implementing
administrative actions; providing for a savings provision;
providing for conflicts; providing for severability; providing
for instructions relative to codification and providing for an
effective date.
Whereas, the First Amendment to the Constitution of the United States
ensures the citizens of our great nation with the assurance that our Federal
government " ... shall make no law abridging the freedom of speech, or of the
press; or the right of the people peaceably to assemble, and to petition the
government for a redress of grievances "; and
Whereas, similarly the Declaration of Rights of the Constitution of the
State of Florida at Article I, Section 4 provides, in pertinent part, that "[n]o law
shall be passed to restrain or abridge the liberty of speech or of the press "; and
Whereas, also in the Declaration of Rights of the Constitution of the State
of Florida at Article I, Section 5 it is stated that "[t]he people shall have the right
peaceably to assemble, to instruct their representatives, and to petition for
redress of grievances "; and
Whereas, likewise in the Declaration of Rights of the Constitution of the
State of Florida at Article I, Section 24(b) the public is assured access to all
governmental meetings in that citizens are assured that "[a]II meetings of any
collegial public body of the executive branch of state government or of any
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collegial public body of a county, municipality, school district, or special district, at
which official acts are to be taken or at which public business of such body is to
be transacted or discussed, shall be open and noticed to the public "; and
Whereas, Section 163.3181(1), Florida Statutes, is indicative and
illustrative of the State of Florida's commitment to public participation in that it
states, in pertinent part, that °[i]t is the intent of the Legislature that the public
participate in the comprehensive planning process to the fullest extent possible.
Towards this end, local planning agencies and local governmental units are
directed to adopt procedures designed to provide effective public participation in
the comprehensive planning process ... . °; and
Whereas, recently a three -judge panel of the First District Court of Appeal
made ruling upholding a lower court order that concluded nothing in Florida's
Sunshine Law guarantees citizens the right to be heard at meetings and the
Florida Supreme Court declined to take the case on appeal; and
Whereas, Florida State Senator Joe Negron has filed Senate Bill 310 for
consideration in the Florida Legislature which, upon enactment, would require
boards and commissions to provide "an opportunity for members of the public to
be heard before or during consideration of any agenda item on which an official
act will be taken "; and
Whereas, the City Commission of the City of Sanford has determined that
it would be in the best interests of the public and serve a public purpose to
express the commitment of the City of Sanford to ensure that the rights of
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citizens and the press is protected and respected similar to those provisions as
set forth in Senate Bill 310.
Now, Therefore, be it Enacted By the People of the City Of Sanford,
Florida:
Section 1. Legislative Findings.
(a). The City staff report and City Commission agenda memorandum
relating to this matter are hereby adopted as if fully set forth herein.
(b). The City of Sanford has complied with all requirements and
procedures of Florida law in processing and advertising this Ordinance.
(c). The foregoing recitals (whereas clauses) are hereby adopted as the
legislative findings of the City Commission of the City of Sanford and
incorporated into this Ordinance as if set forth in haec verbs.
Section 2. Commitment Of The City And Expression Of Policy;
Rights Of Citizens. A new section of the City Code of the City of Sanford is
created to read as follows:
(a). The City Commission of the City of Sanford hereby expresses
its firm commitment to ensure that the rights of citizens to orally express their
views are honored and protected. All meetings and hearings of the City
Commission and all meetings of board and commissions, by whatever name,
shall include an opportunity for members of the public to be heard before or
during consideration of any agenda item on which an official act will be taken,
subject to reasonable rules or policies specifically adopted by the City
Commission, and generally distributed to the public, to ensure the orderly
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conduct of a public meeting. No resolution, rule, or formal action shall be
considered binding except as taken or made at such meeting. Reasonable notice
shall be provided for all such meetings and hearings. The requirements of this
Ordinance shall not be applicable when implementing such requirements would
cause an unreasonable delay in the ability of the City Commission to act in a
manner that must occur to deal with an emergency situation affecting the public
health, welfare, or safety.
(b). The City Commission of the City of Sanford hereby expresses its
firm commitment to ensure that the rights of those who speak or otherwise
publish their views as citizens or members of the press are honored and
protected.
(c). The City Commission of the City of Sanford hereby expresses its
firm commitment to ensure that the public may fully participate in all of its
hearings, meetings, processes, programs and operations.
Section 3. Implementing Administrative Actions. A new section of
the City Code of the City of Sanford is created to read as follows:
The City Manager and City Clerk are hereby authorized and directed to
implement the provisions of this Ordinance.
Section 4. Savings.
The prior actions of the City of Sanford relating to the holding of public
meetings and the implementation of public participation therein are hereby
ratified and affirmed.
Section 5. Conflicts.
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All ordinances or parts of ordinances in conflict with this Ordinance are
hereby repealed.
Section 6. Severability.
If any section, sentence, phrase, word, or portion of this Ordinance is
determined to be invalid, unlawful or unconstitutional, said determination shall not
be held to invalidate or impair the validity, force or effect of any other section,
sentence, phrase, word, or portion of this Ordinance not otherwise determined to
be invalid, unlawful, or unconstitutional.
Section 7. Codification.
The provisions of Sections 2 and 3 of this Ordinance shall become and be
made a part of the Code of Ordinances of the City of Sanford, Florida.
Section 8. Effective Date.
This Ordinance shall become effective immediately upon enactment by
the City Commission.
Passed and adopted this 28 day of March, 2011.
City Commission the City of
Sanford, Florida
Attest:
G
PJa ty Cler Jeff Trip
Approved as to form
/r-
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