20-008 (Emergency Ord.)2
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EMERGENCY ORDINANCE. 20-008
AN EMERGENCY ORDINANCE OF THE CITY OF
BOYNTON BEACH, FLORIDA, AUTHORIZING THE
CITY MANAGER TO MAKE PROVISIONS FOR
ELECTRONIC ATTENDANCE BY ELECTED AND
APPOINTED OFFICIALS AT CITY MEETINGS DURING
PERIODS OF A DECLARED PUBLIC HEALTH
EMERGENCY; PROVIDING FOR PUBLIC
PARTICIPATION BY TELEPHONIC OR ELECTRONIC
MEANS; PROVIDING FOR AUTOMATIC DELAY OF
FINALITY OF OFFICIAL ACTION PENDING PUBLIC
COMMENTS; AND, PROVIDING AN EFFECTIVE DATE
WHEREAS, Florida law, including Florida Statutes concerning public meetings and
the rights of the public to participate in public meetings, including but not limited to Sections
286.011, 286.0114, and 166.041, requires that meetings of elected and appointed officials
follow procedures that ensure that the public is able to participate in and be aware of the decision
making process (the "sunshine law"); and
WHEREAS, the Governor of the State of Florida has issued Executive Order number
20-52 declaring that a state of emergency exists in Florida and granting broad powers to local
governments to suspend the application of statues, rules, ordinances, and orders they administer
and to waive the procedures and formalities otherwise required by law to ensure the health,
safety, and welfare of the community; and
WHEREAS, on March 11, 2020 the World Health Organization declared the COVID-
19 outbreak a global pandemic; and
WHEREAS, the United States Centers for Disease Control and Prevention (CDC) has
deemed it necessary to prohibit or restrict non-essential travel to or from certain countries of
concern; and
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WHEREAS, it is the innate responsibility of the governing body of each political
subdivision of the State of Florida to safeguard the life and property of its residents, employees,
and invitees; and
WHEREAS, it is in the best interest of the citizens and residents of the City to
immediately implement, on a temporary basis, emergency rules concerning attendance at and
participation in public meetings due to the public health threat resulting from the spread of
COVID-19; and
WHEREAS, the City Commission finds that it is in the best interest of the personnel
and citizens of the City to authorize the City Manager to provide, when the City Manager
determines appropriate, for the City Commission and members of the various Boards and
Committees to be able to attend meetings electronically during a declared public health
emergency.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The above referenced whereas clauses are incorporated herein by
reference.
Section 2. The City Manager and City Clerk are hereby authorized to:
a) Coordinate the ability of the City Commission, Boards, and Committees to meet
electronically without the physical presence of a quorum of the City Commission,
Boards or Committees; and
b) Bar or limit, in the exclusive administrative authority of the City Manager, the
physical attendance of the public at City Commission, Board, and Committee
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meetings provided that no action of the City Commission, Board or Committee
taken at such meeting shall be deemed final until:
1. The complete recording of the City Commission, Board, or Committee
meeting is posted on the City web site for no less than thirty-six (36) hours,
and
2. Members of the public are given forty-eight (48) hours from the first posting
of the recording of the meeting to post or communicate by telephonic,
electronic or other written comments on any agenda item, including the right
to make public comments.
c) No action taken by the City Commission, Board or Committee at a meeting from
which the public is barred or limited will be deemed final until:
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1. If no public comments have been submitted to the City within the forty-eight
(48) hour open comment period referenced in Section 2.b.2.; or
2. If public comments have been submitted within the forty-eight (48) hours
open comment period referenced in Section 2.b.2. The City Commission,
Board or Committee has been provided with the record of public comments
and ratifies its action on the agenda item at its next meeting.
3. This Ordinance is not intended to revoke or amend other emergency
ordinances in effect at time of adoption of this Ordinance nor to limit any
additional emergency ordinance or resolution adopted by the City
Commission or by the City Manager to address the COVID-19 public health
crisis.
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d) The City Manager, City Clerk, and City Information Technology Department shall
implement the technology and administrative support as necessary to fulfill these
objectives and to maintain a record of all public comments submitted to the City as
provided herein. The posting of the recording of the public meetings referenced
herein shall contain a banner notifying the public of the time and date the recording
is first posted and the deadline for submission of public comments. A dedicated
phone number and dedicated email address shall be included in the banner to notify
the public where to call to leave a telephonic public comment or where to email
public comment. All telephonic comments shall be transcribed verbatim by the City
Clerk or the Clerk's designee(s).
e) The City Clerk shall include all public comments timely submitted to the City Clerk
as provided herein in the official minutes of the meeting from which the public was
barred.
f) The City Manager, as the City's chief administrative officer, is granted the authority,
based on evolving Federal or State guidance or information obtained after the
enactment of this Ordinance, to limit or bar attendance at public meetings, on a
meeting by meeting basis. The City Manager shall provide a written report to the
City Commission and the City Clerk of all implemented limitations on public
attendance at any meeting.
Section 3. This emergency ordinance shall become effective immediately upon its
passage and adoption but shall sunset on April 20, 2020, unless further extended by the City
I Commission.
Section 4. This Emergency Ordinance shall not be codified.
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i,
Passed and adopted as an Emergency Ordinance this day of March,
2020.
CITY OF BOYNTON BEACH, FLORIDA
YES NO
Mayor — Steven B. Grant ✓
Vice Mayor — Justin Katz A6n-� —
Commissioner — Mack McCray ✓
Commissioner — Christina L. Romelus
Commissioner — Ty Penserga ✓
VOTE r0
Attest:
c
C stal Gibson, MMC
City Clerk
(Corporate Seal)
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(00364173.5 306-9001821)
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