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HomeMy WebLinkAboutResolution No. 26-76RESOLUTION NO. 26-76 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, ADOPTING A UNIFORM POLICY FOR PARTICIPATION IN PUBLIC MEETINGS VIA COMMUNICATIONS MEDIA TECHNOLOGY (CMT); ESTABLISHING PHYSICAL QUORUM REQUIREMENTS AND ADMINISTRATIVE PROCEDURES FOR THE CITY COMMISSION; MANDATING PHYSICAL PRESENCE FOR SUBORDINATE COMMITTEES AND BOARDS; PROVIDING FOR TECHNICAL, SECURITY, AND PUBLIC ACCESS PROTOCOLS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Atlantic Beach is committed to maintaining municipal transparency, fostering public trust, and ensuring robust due -process protections during all public proceedings; and WHEREAS, Florida's Government -in -the -Sunshine Law (Section 286.011, Florida Statutes) and applicable Florida Attorney General opinions strongly prioritize the physical presence of public officials at designated meeting sites to foster meaningful deliberation; and WHEREAS, Florida Attorney General opinions allow for the remote participation and voting of an elected official via Communications Media Technology (CMT) only under "extraordinary circumstances" and only when a physical quorum of the body is already present at the noticed meeting location; and WHEREAS, the City Commission desires to establish uniform, clear, and legally compliant procedures to govern conditional remote participation for Commissioners facing unforeseen or unavoidable hardships; and WHEREAS, the City Commission finds it necessary to maintain a strict physical presence mandate for all subordinate city committees, advisory boards, and task forces to preserve the integrity of advisory deliberations and reduce administrative burdens; and WHEREAS, establishing standardized technical, security, and voting protocols for remote communications protects the municipal framework from cybersecurity risks and ensures seamless public access. NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION 1. The City Commission hereby adopts the "Participation via Communications Media Technology (CMT)" policy, attached hereto as Exhibit A. SECTION 2. This Resolution shall take effect immediately upon its passage and adoption. h Curtis Ford, M or Attest: Donna L. Bartle, City Clerk Approved as to form and correctness: Jas ab el, ty Attorney EXHIBIT A Policy: Participation via Communications Media Technology (CMT) I. Purpose To establish uniform procedures for remote participation in public meetings, ensuring compliance with Florida's Government -in -the -Sunshine Law (Section 286.011, Florida Statutes), the Florida Public Records Act (Chapter 119, Florida Statutes), Section 286.0114, Florida Statutes (right of public to be heard), the Americans with Disabilities Act (ADA), and applicable Florida Attorney General opinions construing the foregoing, while prioritizing the physical presence of officials to foster public trust, due -process protections, and meaningful deliberation. Nothing in this policy shall be construed to expand the authority of the City Commission, or any other City board, beyond what is permitted by Florida law. II. City Commission: Conditional Remote Participation The City Commission recognizes that unforeseen and extraordinary circumstances may occasionally prevent a Commissioner from being physically present at a designated meeting site. • Physical Quorum Requirement: No meeting of the City Commission shall conduct official business or take any formal action unless a physical quorum of the membership is present at the meeting location. • Extraordinary Circumstances: A Commissioner who is not physically present may participate and vote via CMT only if a physical quorum is present at the noticed meeting location and the Commission determines, by majority vote of the members physically present, that the absence is due to an extraordinary circumstance. Extraordinary circumstances are those unforeseen or unavoidable conditions that make physical attendance impracticable; they do not include scheduling conflicts, travel for personal convenience, or attendance at non -emergency events. Examples include, but are not limited to, the following: o Medical disability or health-related confinement. o A death in the immediate family. o Unforeseen weather-related travel disruptions. o A reasonable accommodation under the Americans with Disabilities Act, as documented through the City's ADA coordinator. o Mandatory military service or required appearance pursuant to lawful subpoena, court order, or jury duty. • Procedure: The Commissioner must submit a written request (email is sufficient) to the City Clerk and the Mayor (or, if the Mayor is the requesting member, the Mayor Pro Tem) at least 24 hours prior to the meeting (unless an emergency arises within that 24-hour window, in which case the Commissioner shall submit the written request as soon as practicable) and provide the specific reason for the absence. The written request is a public record under Chapter 119, Florida Statutes, and shall be preserved with the meeting file. The presiding officer shall announce the request at the start of the meeting for Commission approval, and the Commission's determination, including the specific basis for finding (or declining to find) an extraordinary circumstance, shall be reflected in the minutes. A denial of a request shall not, by itself, give rise to a cause of action against the City. • Quasi -Judicial Proceedings: Because quasi-judicial hearings (including, without Limitation, land -use, rezoning, variance, special -use, code -enforcement, and certain personnel matters) implicate due -process rights, including the rights of affected parties to confront witnesses and have decision -makers personally observe demeanor and evidence, no Commissioner shall participate via CMT in any quasi- judicial proceeding unless: (i) the applicant and any other party of record affirmatively consent on the record to the Commissioner's remote participation; or (ii) the applicant is offered, and declines, a continuance of the item to the next regularly scheduled meeting at which the Commissioner is expected to attend in person. The City Attorney shall determine, in advance of the meeting, whether an agenda item is quasi-judicial. A Commissioner participating remotely under this paragraph shall affirm on the record that he or she has reviewed all evidence, exhibits, and testimony presented at the hearing. • Frequency Limit: Absent an ongoing ADA accommodation, no Commissioner shall participate via CMT more than three (3) meetings per fiscal year. This limitation is intended to preserve the strong preference for physical attendance reflected in Florida Attorney General opinions construing Section 286.011, Florida Statutes, and is not a contractual or vested right of any member. • Presiding Officer: The presiding officer of a meeting shall be physically present at the noticed meeting location. If the Mayor participates via CMT under this Section, the Mayor Pro Tem (or next -ranking member physically present) shall preside. III. Committees and Advisory Boards: Physical Presence Mandate To ensure the integrity of advisory deliberations and to simplify the administrative burden of managing public meetings, remote participation is strictly prohibited for all city committees, boards, and task forces. • In -Person Requirement: Members of all subordinate committees must be physically present at the meeting location to be counted toward a quorum, to participate in discussion, or to cast a vote. • No Exceptions: The "extraordinary circumstances" allowance provided to the City Commission does not apply to committee members. 677925 18 \ 2 • Attendance Policy: Any committee member unable to attend in person shall be marked as "Absent." • ADA Accommodation: Nothing in this Section III shall be construed to deny a committee member a reasonable accommodation required under the Americans with Disabilities Act; any such accommodation shall be coordinated through the City's ADA Coordinator and the City Attorney prior to the meeting. IV. Public Access Regardless of whether a Commissioner participates via CMT, the City shall ensure that the public attending in person can hear all speakers (both in-person and remote) clearlythrough high-quality audio amplification at the physical meeting site. Consistent with Section 286.0114, Florida Statutes, members of the public retain the right to be heard on propositions before the Commission. Public comment shall be received in person at the noticed meeting location; the City is not required to, and does not, provide a remote public - comment channel. Reasonable accommodations for members of the public with disabilities shall be provided upon request to the City Clerk pursuant to the Americans with Disabilities Act. V. Technical and Security Protocols To maintain the integrity of the proceedings and ensure that remote participation does not compromise the "open to the public" mandate, the following technical standards shall apply to the City Commission: 1. Communication Platform Standards • Approved Software: All remote participation shall occur via a City -sanctioned, enterprise -grade platform (e.g., Zoom for Government, Microsoft Teams, or WebEx) that supports high-definition audio and video. • Audibility and Visibility: The remote Commissioner must be able to hear all participants in the room and be heard by both the Commission and the public. A two- wayvideo feed is required; if the video connection fails and cannot be restored within a reasonable time (not to exceed ten (10) minutes), the Commission, by majority vote of the members physically present, may permit the Commissioner to continue via audio only provided the audio remains clear and intelligible to all members and the public. The basis for any such determination shall be reflected in the minutes. • Public Broadcast: The remote feed must be integrated into the City's public broadcast system (e.g., YouTube Live or local cable channel) so that the public viewing remotely sees the same content as those in the room. • Remote Participant Testing Responsibility: Remote participants are responsible for testing their audio, video, and internet connectivity prior to the meeting. 67792538 Q 2. Cybersecurity & Verification • Authenticated Access: The remote Commissioner must log in using a City -issued device and a verified City email account. Multi -factor authentication (MFA) must be used to prevent unauthorized access to the meeting "dais." • Secure Connection: Commissioners shall avoid participation over unsecured public Wi-Fi whenever possible. Secure, password -protected networks, City - approved VPN services, or cellular hotspots are strongly recommended. • Waiting Rooms: The City Clerk, IT Department, or designated authorized staff member shall act as the meeting host and must use a virtual waiting room to vet the Commissioner before granting them entry to the meeting. • System Integrity and IT Oversight: The City's IT Department may suspend or terminate remote participation if a cybersecurity risk, unauthorized access attempt, system instability, or technical failure threatens the integrity or security of the meeting. 3. Voting & Documentation • Roll Call Voting: To ensure clarity for the record, any meeting featuring a remote participant shall utilize roll call voting for all action items. The remote Commissioner must clearly state their name and their "yea" or "nay" vote. • Secrecy of Ballots: Under no circumstances shall "secret ballots" be cast. All remote votes must be cast in a manner that is visible or audible to the public in real- time. • Recording: The digital session must be recorded in its entirety and retained as a public record in accordance with Florida's General Records Schedule (GS1-SL). 4. Disruption Protocol • Technical Failure: If the remote connection is lost or becomes so degraded that the Commissioner's comments are inaudible to the public, to the Commission, or to either, the Commissioner shall be deemed "absent" for that portion of the meeting, and any vote cast by the Commissioner during the period of disruption shall not be counted. The meeting may continue only if a physical quorum remains present in the room. If the loss of the remote connection causes the loss of a quorum (i.e., if a physical quorum does not remain), the meeting shall be recessed; no formal action shall be taken until the physical quorum is restored or, if not restored within a reasonable time, the meeting shall be adjourned. • "Lobby" Limitation: Private "chat" functions within the meeting software must be disabled to prevent "off-the-record" communication between members, which would violate the Sunshine Law. During any meeting at which a Commissioner participates via CMT, no Commissioner shall engage in text messaging, email, direct messaging, or any other electronic communication with another Commissioner regarding any matter on which official action may foreseeably be taken. Each 67792538 c2 Commissioner participating via CMT shall affirm at the start of the meeting that no other person is present in the room from which the Commissioner is participating, or shall identify any such person on the record. VI. Records Retention, Conflict, Severability, and Effective Date • A. Records Retention: All recordings of meetings at which a Commissioner participates via CMT, together with the written request to participate remotely and all associated communications, are public records and shall be retained in accordance with the Florida General Records Schedule GS1-SL, and shall in no event be destroyed prior to the resolution of any pending or threatened litigation, public - records request, or audit involving the meeting. • B. Conflict with Law: To the extent that any provision of this policy conflicts with Florida law, the City Charter, the City Code of Ordinances, or any binding directive of the Florida Attorney General, the controlling law shall prevail. In the event of a duly declared state of emergency, the City may temporarily modify or suspend the physical -quorum requirement to the extent expressly authorized by executive order, statute, or court order then in effect. • C. Severability: If any provision of this policy is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. • D. No Private Right of Action: This policy is intended solely to guide the internal operations of the City. Nothing in this policy shall be construed to create any right, benefit, or cause of action, substantive or procedural, enforceable at law or equity by any party against the City, its officers, employees, agents, or any other person. • E. Effective Date; Review: This policy shall be effective upon adoption by the City Commission and shall be reviewed by the City Attorney's Office no less than every two (2) years, or sooner upon any material change in Florida law or applicable Attorney General opinions. City Clerk's Checklist: Remote Participation Management 1. Pre -Meeting Prep (24-48 Hours Prior) • [ Notice Verification: Update the meeting notice to include a statement that CMT (Communications Media Technology) may be used. • [ ] Extraordinary Circumstance Request: Confirm receipt of the Commissioner's written request for remote attendance. • [ ] Quorum Check: Verify that a physical majority of the Commission is confirmed to attend in person. (If not, notify the Mayor immediately, the remote member cannot create a quorum). 67792538 Q 2. Technical Synchronization & Verification (15 Minutes Prior) • [ ] Participant Connectivity Test: Confirm the remote participant has verified their audio, video, and network stability prior to meeting entry. • [ ] Network Security Check: Ensure the connection complies with secure protocols (avoiding unsecured public Wi-Fi, recommending City -approved VPN, password - protected network, or cellular hotspot). • [ ] Audio Loop -Back Test: Confirm the remote Commissioner can hear the "room" (microphones on the dais) and the "podium" (public comment mic). [] Public Audibility: Verifythat the remote Commissioner's voice is broadcast clearly over the chamber speakers for the gallery to hear. • [ ] Visual Confirmation: Ensure the remote video feed is visible to the Mayor and the meeting Host (City Clerk, IT, or designated staff) for verification and waiting room clearance. • [ ] Backup Plan: Confirm the Commissioner has a backup phone number to dial in if the primary platform connection fails. 3. During the Meeting (On the Record) [ ] Initial Motion: Prompt the Mayor to entertain a motion to "Recognize Extraordinary Circumstances" and allow the remote member to participate/vote. • [ ] Attendance Log: Note in the minutes the exact time the remote connection was established and the platform used. • [ ] Roll Call Voting: Ensure all votes during the session are conducted by roll call to ensure the remote member's vote is clearly recorded. • [ ] Connection & Risk Monitoring: If the remote feed drops or an IT security/instability risk is identified, interrupt the presiding officer. Note: The meeting may continue only if a physical quorum remains; otherwise, it must recess until the connection is secured/restored or adjourned. 4. Post -Meeting & Records • [ ] Record Retention: Retain the digital recording of the CMT session (Zoom/Teams cloud recording), the request to participate remotely, and all associated communications in accordance with the Florida General Records Schedule GS1-SL. • [ ] Minutes Accuracy: Clearly distinguish in the minutes which member was "Present via CMT" and ensure the "Extraordinary Circumstance" finding is documented. 67792538 c2