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File #: 22-1109A    Version: 1
Type: County Attorney Item Status: Passed
File created: 6/21/2022 Department: County Attorney
On agenda: 7/19/2022 Final action: 7/19/2022
Title: Resolution updating the BCC's Public Participation and Decorum Rules to address virtual participation at meetings by the public, and to update other policy positions as described below.
Attachments: 1. ADOPTED RES 22-55, 2. Attachment 1: Resolution to Adopt the Proposed Public Comment & Decorum Rules with Exhibit A, 3. Attachment 2: Current Public Comment & Decorum Rules (2015 version)

Subject:

Title

Resolution updating the BCC’s Public Participation and Decorum Rules to address virtual participation at meetings by the public, and to update other policy positions as described below.

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Recommended Action:

Recommended Action

Pass a resolution adopting the proposed Public Participation and Decorum Rules.

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Strategic Plan:

N/A

 

Summary:

Summary

Attachment 1 to this staff report is the proposed Resolution and revision to the Public Participation and Decorum Rules adopted pursuant to Fla. Stat. § 286.0114. As the revision includes a restructuring/reordering of items, rewording of existing provisions, and other changes, a redlined version is not meaningfully helpful. As with a “strike-all” amendment, the proposed revision is provided without redline, and the current version is provided as Attachment 2 for comparison. The substantive/policy changes are summarized below. 

                     PUBLIC FORUM: For context, the policy now clarifies that meetings of the BCC are considered “limited public forums” and as such public comment may be limited to matters of public concern in Pinellas County.

                     VIRTUAL COMMENTS: Added provisions to address virtual public comment via Zoom or telephone, to clarify that the public is responsible for ensuring that they have the proper software/technology to be heard during the meeting.

                     SPEAKER’S ADDRESS: Clarified that a speaker must provide their municipality or unincorporated area of residence; they do not need to provide an entire street address.

                     VISUAL AIDS & AUDIO/VISUAL RECORDINGS: Speakers who wish to use visual aids or present audio recordings as part of their public comment must comply with the following:

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                     All content of such materials must be the speaker’s own. Speakers may not present any visual or audio content recorded or taken from the internet, social media, television, radio, or other forms of media created, posted, streamed, owned, copyrighted, trademarked, or presented by anyone other than the Speaker themselves. The Chair may immediately interrupt and terminate a Speaker’s speaking privilege on violation of this provision.

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                     Copies of any visual aids or recordings that wish to be publicly presented during a meeting must be provided to the County in advance by the deadline published in the meeting notice, for review by County staff, to ensure the material complies with this policy, does not violate copyrights, etc. Items that require technology or AV set-up must be provided at least 7 days prior to the meeting (or other deadline published in the meeting notice).

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                     Visual aids that disrupt meetings or interfere with others’ ability to view or participate in the meeting are not authorized.

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                     Approved visual/audio aids must be clearly observable/audible to the BCC and the public.

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                     Handouts for the BCC (that are not intended to be publicly presented) must be provided in advance as indicated in the meeting notice or presented to County staff at the Agenda Staff Table in the front of the meeting room along with the comment card to be included in the record.

                     TIME FOR PUBLIC COMMENT:

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                     Clarifies that the Chair and/or the BCC may limit the remarks of each Speaker to 3 minutes or less OR, the entire public comment period for any particular item to a reasonable, set length of time. (For example, all public comment on Agenda Item #XX could be limited to 1 hour.) If such a time limit on public comment is established, the time may be extended for an additional reasonable time period at the Chair’s discretion.

                     CITIZEN DECORUM GUIDELINES: The policy clarifies the following:

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                     Speakers must be respectful of the Board, other members of the public, and others’ opinions, and refrain from making personal attacks.

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                     No political candidate campaigning, commercial advertising, solicitation, or defamation will be allowed as part of any presentation to the Board.

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                     Presentations to the Board must relate to issues which are in the public interest, and which pertain to Pinellas County government activities.

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                     All remarks must be addressed to the Board as a body and not to any individual member.

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                     A Speaker’s time is an opportunity to direct comments to the Board; it is not a question-and-answer session.

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                     Any Speaker who becomes disorderly may, after a warning, be directed to end their comments. If the Speaker does not do so, they may be subject to removal from the meeting room.

                     FLEXIBILITY: Includes a provision that the Board Chair may waive any of these procedures in their discretion, to provide flexibility to address specific circumstances.

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Background Information:

The BCC’s Public Participation and Decorum Rules are periodically updated to reflect current policy decisions of the Board; they were previously adopted/revised under in 2003, 2009, 2014, and 2015, in compliance with Fla. Stat. § 286.0114.

 

Fiscal Impact:

N/A

 

Staff Member Responsible:

Amanda Coffey, Managing Assistant County Attorney
Keiah Townsend, Assistant County Attorney
Barbra Hernandez, Director, Communications

 

Partners:

N/A

 

Attachments:

Attachment 1: Resolution to Adopt the Proposed Public Comment & Decorum Rules
Exhibit A to the Resolution: Proposed Public Comment & Decorum Rules
Attachment 2:  Current Public Comment & Decorum Rules (2015 Version)