File #: RES 2020-146    Name: Waivng Charter Requirement that a Commissioner be Present to Vote
Type: Resolution Status: Passed
File created: 7/6/2020 In control: City Commission
On agenda: 7/23/2020 Final action: 7/23/2020
Title: A RESOLUTION RECOGNIZING THE COVID-19 VIRUS THREAT; COMMITTING TO OPEN GOVERNMENT AND PUBLIC PARTICIPATION; AND TEMPORARILY WAIVING THE CITY CHARTER'S MEETING REQUIREMENTS THAT PROVIDE THAT A COMMISSIONER MUST BE PHYSICALLY PRESENT TO BE COUNTED AS IN ATTENDANCE AT A COMMISSION MEETING.
Sponsors: City Attorney
Indexes: Boards and Committees, Charter, City Commission, COVID 19, Resolution
Attachments: 1. RESOLUTION 2020-146-Permit Limited Remote Participation
AGENDA ITEM REPORT
TITLE:
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A RESOLUTION RECOGNIZING THE COVID-19 VIRUS THREAT; COMMITTING TO OPEN GOVERNMENT AND PUBLIC PARTICIPATION; AND TEMPORARILY WAIVING THE CITY CHARTER'S MEETING REQUIREMENTS THAT PROVIDE THAT A COMMISSIONER MUST BE PHYSICALLY PRESENT TO BE COUNTED AS IN ATTENDANCE AT A COMMISSION MEETING.

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BACKGROUND:
On March 9, 2020, the Governor issued Executive Order No 20-52, as extended continuously thereafter, declaring a state of emergency statewide due to Novel Coronavirus (COVID-19) and authorizing, pursuant to Section 252.38, Florida Statutes, each political subdivision within the State to "waive the procedures and formalities otherwise required of the political subdivision by law pertaining to . . . [the] [p]erformance of public work and taking whatever prudent action is necessary to ensure the health, safety, and welfare of the community." On March 12, 2020, as extended continuously thereafter, the Mayor of the City of Coconut Creek declared the existence of a City-wide "STATE OF EMERGENCY." On March 20, 2020, the Governor issued Executive Order No 20-69, as extended, suspending requirements that local governments a) have a quorum be physically present in person and b) hold meetings at a specific public place. Section 309 c. of the City Charter, which was waived by the City Commission on April 15, 2020, states that, "No Commissioner shall vote, nor be considered in attendance at any Commission meeting, except in person."
DISCUSSION:
In support and recognition of Federal and CDC guidelines and recommendations and Executive Orders of the Governor of the State of Florida, and Broward County Emergency Orders, emergency measures are necessary to protect the public health, safety and welfare. It is essential that the City continue to function and to operate and to do so in a manner which provides ongoing local government access to the public while following governing orders regarding social distancing. As the City moves forwar...

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