§ 2-57. Rules of debate.

(a)

Questions under consideration. On any agenda item, in order for debate to ensue, the presiding officer shall call for a motion to accept the matter at hand, whether it is an ordinance, resolution, motion, etc. for "discussion purposes only", and upon receipt of a second to that motion, debate may begin. When a motion is presented and seconded, it is under consideration and no other motion shall be received thereafter, except to adjourn, to lay on the table (to lay pending question aside temporarily when something else of immediate urgency has arisen), to postpone, or to amend the motion until the question is decided. These motions shall have preference in the order in which they are mentioned and the first two shall be decided without debate. Final action upon a pending motion may be deferred until a date certain by a majority of the members present. If, after debate, the motion requires amendment, then city council member making a motion shall state as follows: "I move we adopt Ordinance (Resolution) as read [as amended] by council member ____________ ." The city attorney or the city clerk may request and/or assist with a restatement of the motion for the record. The council member seconding motion shall say, "I second the motion [as amended]."

(b)

As to the presiding officer. The mayor, as presiding officer, shall not move or second an item of debate. The presiding officer, however, upon relinquishing the chair, may move or second an item to vote, subject only to such limitations as are imposed by these rules upon all members.

(c)

Improper references to avoid. Every member desiring to speak for any purpose shall address the presiding officer, and upon recognition, shall be confined to the question under debate avoiding all personalities and indecorous language.

(d)

Interruption, call to order, appeal of a ruling of the chair. A member, once recognized, shall not be interrupted when speaking unless it is a call to order or as herein otherwise provided. If a call to order or other question is raised, the member shall cease speaking until the question or call to order is determined by the presiding officer, and if in order, the member shall be permitted to proceed. Any member may appeal the decision of the presiding officer to the city council upon a question of order. The presiding officer, without debate, shall submit to the city council the question, "Shall the decision of the chair be sustained?" and the city council shall decide such question by a majority vote.

(e)

Time limit for debate. The debate by the city council members on any one item on the agenda shall not exceed one-half hour unless additional time is granted by the presiding officer upon approval of the city council.

(f)

Privilege of closing debate. The city council member sponsoring or moving the adoption of an ordinance, resolution or motion shall have the privilege of closing debate.

(g)

Method of voting.

(1)

After the debate is closed and/or the motion is restated, if necessary, the presiding officer shall call for a vote on the motion. In accordance with section 4.1 of the city Charter, voting shall be by roll call or voice vote. Ordinances require a roll call vote by calling the names of the city council members alphabetically by surname, except that the names shall be rotated after each roll call vote, if requested, so that the city council member who voted first at a preceding roll call vote shall vote last upon the next roll call vote; provided, however, that the presiding officer, shall always cast the last vote.

(2)

The clerk shall call the roll, tabulate the votes, and announce the results. The vote upon any resolution, motion or other matter may be by voice vote as previously noted, provided that the presiding officer or any city council member may require a roll call to be taken upon any resolution or motion.

(h)

Explanation of vote, conflict of interest. There shall be no discussion by any city council member voting, and the city council member shall vote "yes" or "no." A city council member shall have the privilege of filing with the city clerk a written explanation of his/her vote. Any city council member with a conflict of interest on a particular matter shall comply with F.S. § 112.3143(3)(a).

(i)

The votes. Whenever action cannot be taken because the vote of the city council has resulted in a tie, the status quo shall continue in effect and the proposed ordinance, resolution or motion that produced the tie vote shall be removed from the agenda without prejudice to its reintroduction on a de novo basis at a later time, provided that in quasi-judicial matters the city council designates a different time for such reconsideration.

(j)

Vote change. Any city council member may change his/her vote before a recess or adjournment is called, whichever occurs first, but not thereafter. In this case, the city clerk shall call back the vote and verify the outcome for the presiding officer.

(k)

No motion or second. If a motion fails to receive a motion or second, it shall be removed from the agenda and may be reintroduced at the same meeting or a subsequent meeting.

(l)

Adjournment. A motion to adjourn shall always be in order and decided without debate.

(m)

Suspension of the rules. No rule of procedure adopted by the city council shall be suspended except by an affirmative vote of two-thirds of the city council members present.

(Ord. No. 2003-07, § 11, 9-24-2003)