Fort Walton Beach Council agenda — 02-28-06 ‎(workshop)‎ — reading text

circumstances that 34 prevent the member from attending the meeting; 35 d. extraordinary circumstances are 36 1. serious illness or treatment of the Council member 37 38 2. serious illness, treatment, or death of a Council member' s immediate 39 family member within the second- level of consanquinity, either by 40 marriage, residence, or blood; 41 42 3. military duty; and 43 44 4. unscheduled work-related travel that requires the Council member to be 45 more than 150 miles from the City. 46 47 e. no member can attend via telephone or other interactive electronic methods 48 more than two regularly scheduled Council meetings per year. 49 Section 4. Coordination Requirements 50 a. The City Clerk in coordination with the MIS Department shall be responsible 51 for the equipment set- up and removal and recording quality of the equipment to allow the 52 Council member to attend by telephone or interactive electronic means. 53 b. If the Council member cannot advise the Council at the regularly scheduled 54 meeting immediately preceding the meeting in which the member will participate by Clerk 55 telephonic or interactive electronic means, the Council member will advise the City 56 and the City Manager. All other requirements and conditions set forth in this Resolution 57 shall apply. 58 Section 5. Revision of the Council Rules of Conduct and Protocol 59 60 The terms of this resolution shall be incorporated into the Council Rules of 61 Conduct and Protocol. 62 Section 6. Effective Date. 63 64 This Resolution shall take effect immediately upon approval by the City Council and 65 signature of the Mayor and shall stand repealed on January 30, 2007, unless reviewed and saved 66 from repeal through reenactment by the Council. 67 68 69 70 Adopted: 71 Mike Anderson, Mayor 72 73 74 Attest: 75 76 77 78 Helen Spencer, City Clerk 79 80 81 82 Approved as to form and legal sufficiency. 83 84 85 86 Toni L.Craig, City Attorney  Toni L. Craig Attorney at Law Memorandum of Advice Date: 24 June 2005 To: Mayor & Council CC: City Manager City Clerk Re: Virtual Appearance at City Meetings This opinion results from a request by Councilman Jim Hartwell regarding virtual attendance at Council meetings by Council members. Attorney General Opinion 94- 55 specifically states that rules may be promulgated to permit such attendance within parameters. ( See attached). If the Council is inclined to establish those procedures, I request that a formal motion be made to do so and full debate ensue regarding the who, what, when, and why of such a policy. After passage of such a motion, I will draft the proposed procedures accordingly. If anyone has any questions, please do not hesitate to contact me. Thank you. 151 Mary Esther Blvd Ste 408 Mary Esther FL 32569 850) 243- 6969 Fax: ( 850) 244- 8929 Cell: ( 850) 582- 6909 Email: attycrg@ao1.com  Florida Attorney General Advisory Legal Opinion Number: AGO 94- 55 Date: June 15, 1994 Subject: Board meeting participation by phone Mr. Laurence Feingold M1ami Beach City Attorney Post Office Box 0 M1ami Beach, Florida 33119- 2032 RE: GOVERNMENT- IN- THE- SUNSHINE LAW-- MEETINGS-- TELEPHONES- BASS MUSEUM BOARD OF TRUSTEES-- authority of member to participate in museum board meetings by telephone. s. 286. 011, Florida Statutes. Dear Mr. Feingold: On behalf of the City of Miami Beach and the Bass Museum Board of Trustees, you ask: May the Bass Museum Board of Trustees permit a member of the board to attend and participate in board meetings by telephone? In sum: A member of the Bass Museum Board of Trustees, a public body subject to the Government- in- the- Sunshine Law, may be allowed to participate in board meetings by telephone. According to your letter, in 1963 the City of Miami Beach and John and, Johanna Bass entered into an agreement in which the John and Johanna Bass art collection was donated to the city exchange for in the city' s maintenance of the collection in a municipal facility. Pursuant to this agreement, the hanging, displaying, placement, management, and day- to- day operations associated with the museum and the collection are entrusted to a board of trustees. The board consists of the city manager of the City of Miami Beach, the president of a support group for the museum, thechairperson of the chamber of commerce, and two members of the Bass family. One of the Bass family members who is a trustee of the museum currently ~ ives in California and has health problems. According to infor.mation you have supplied to this office, the board is a public body subject to the Government- in- the- Sunshine Law. In order to accommodate the out- of- state board member, the Bass Museum 6/ 24/2005 http:// myfloridalega1.com/ago. nsf/printview/ 008F256F8C451 CF885256221 004A lEEB  CHAPTER 28- 109 CONDUCTING PROCEEDINGS BY COMMUNICATIONS MEDIA TECHNOLOGY 28- 109. 001 General. 28- 109. 002 Definitions as Used in this Rule Chapter. 28- 109. 003 Application and Construction. 28- 109. 004 Government in the Sunshine. 28- 109. 005 Notice. 28- 109. 006 Evidence, Testimony, and Argument. 28- 109. 001 General. This chapter implements the provisions of Section 120. 54( 5)( b) 2., F.S., by providing general procedures to be followed when the agency desires to conduct a proceeding by means of communications media technology or to provide public access to a proceeding by the use of communications media technology. Specific Authority 120. 54( 5) FS. Law Implemented 120.54( 5)(b)2. FS. History-New 4- 1- 97. 28- 109. 002 Definitions as Used in this Rule Chapter. 1) " Access point" means a designated place where a person interested in attending a communications media technology proceeding may go for the purpose of attending the proceeding. 2) " Attend" means having access to the communications media technology network being used to conduct a proceeding, or being used to take evidence, testimony, or argument relative to issues being considered at a proceeding. 3) " Communications media technology" ( CMT)means the electronic transmission of printed matter, audio, full- motion video, freeze frame video, compressed video, and digital video by any method available. Specific Authority 120.54( 5) FS. Law Implemented 120.54( 5)(b)2. FS. History-New 4- 1- 97. 28- 109. 003 Application and Construction. 1) The agency may conduct a proceeding by using CMT and may provide CMT access to a proceeding for purposes of taking evidence, testimony, or argument. 2) A proceeding is not a CMT proceeding merely because it is broadcast over a communications network. Specific Authority 120.54( 5) FS. Law Implemented 120.54( 5)(b)2. FS. History-New 4- 1- 97. 28- 109. 004 Government in the Sunshine. 1) Nothing in this rule chapter shall be construed to permit the agency to conduct any proceeding otherwise subject to the provisions of Section 286. 011, F.S., exclusively by means of CMT without making provision for the attendance of any member of the public who desires to attend. 2) No proceeding otherwise subject to Section 286. 011, F.S., shall be conducted exclusively by means ofCMT if the available technology is insufficient to pennit all interested persons to attend. If during the course of a CMT proceeding technical problems develop with the communications network that prevent interested persons from attending, the agency may terminate the proceeding until the problems have been corrected. Specific Authority 120. 54( 5) FS. Law Implemented 120. 54( 5) b) ( 2. FS. History- New 4- 1- 97. 28-109. 005 Notice. When the agency chooses to conduct a CMT proceeding, it shall provide notice in the same manner as required for a regular proceeding, except in the case of an emergency meeting which shall be noticed as provided in Rule 28- 102. 003, F.A. C., and shall plainly state that such proceeding is to be conducted utilizing CMT and identify the specific type of CMT to be used. The notice shall describe how interested persons may attend and shall include the address or addresses of all access points, specifically designating those which are in locations normally open to the public. If, for example, a CMT proceeding is to be conducted by utilizing a telephone conference hookup, the notice shall so state and shall provide the address of each access point where an interested person may go for the purpose of attending the proceeding. The notice shall also contain an address and telephone number where an interested person may write or call for additional information and shall provide an address and designated person to whom a person may submit written or other physical evidence which he or she intends to offer into evidence. Specific Authority 120. 54(5) FS. Law Implemented