§ 2-36. Meetings of the Board of County Commissioners.

(a)

Regular meetings. The Board of County Commissioners shall normally hold its regular meeting at 9:00 a.m. each second and fourth Tuesday, except on a day designated as a holiday, interim recess, or as otherwise directed by an affirmative vote of the majority of all Board members present. Meetings may be postponed or cancelled by an affirmative vote of the majority of all Board members present. Meetings shall normally be held at the Collier County Government Center and shall be open to the news media and the public. Meetings may be held in other locations within the County.

(b)

Special meetings. When the Chairman or a majority of the Board calls a special meeting, the County Manager or his designee shall notify the Clerk, the County Attorney, and issue press releases advising of the place, date and hour of the meeting and the purpose for which the meeting is called.

(c)

Electronic meetings. When a quorum of the Board is unable to meet at the Collier County Government Center due to extraordinary circumstances, the Chairman or, in the Chairman's absence, any member of the Board, may call for an electronic meeting. The electronic meeting shall be conducted by teleconference, video-conference, or in such other manner as the County Manager deems best given the existing circumstances and available technologies. The agenda for such meeting shall be limited to those matters calling for immediate action or attention, such as a Declaration of a State of Emergency. Prior to hearing the first item on the agenda, the participating members must first make a finding that extraordinary circumstances exist to warrant the electronic meeting. If after exercising due diligence the County Manager is unable to reach three Board members, then in such event a quorum shall consist of two members of the Board who may participate electronically. Notice of the Electronic Meeting shall be given in the same manner as a Special Meeting.

(d)

Agenda. There shall be an official agenda for each meeting of the Board, which shall determine the order of business conducted at the meeting.

(1)

The Board shall not take action upon any matter, proposal, report or item of business not listed upon the official agenda, unless a majority of the Board present consents.

(2)

The County Manager shall prepare each agenda in appropriate form approved by the Board. Matters may be placed on the agenda by the County Manager, any County Commissioner, the Clerk, the County Attorney, and the constitutional officers. The agenda shall be prepared and distributed not later than four days preceding the regular meeting.

(3)

Prior to the publishing of the agenda, matters placed on the agenda should include as much supporting documents, information, and materials as is needed to aid the Board in its preparation and deliberation of the agenda item. Documents, information and materials will not be accepted by the Board following publication of the agenda unless offered by a Commissioner or the County Manager. Should additional documents, information and materials be presented to the Board following publication, the Board may, by a majority vote of those present, elect to either continue the agenda item to a future Board meeting, or waive this requirement and hear the matter if it determines that the agenda item is of significant public importance and should not be postponed.

(4)

All requests for a continuance of an agenda item, including matters advertised for a public hearing, require Board of County Commission approval. No person shall be entitled to rely for any reason upon any assurances that an agenda item or public hearing will be continued. A continuance shall only be granted by an affirmative vote of the majority of the Board Members present.

(e)

Presiding officer, election, duties. The presiding Chairman and Vice-Chairman shall be elected by a majority of the members of the Board of County Commissioners and said election shall occur at the first regularly scheduled Board meeting in January of each year. In the event that the Chairman and/or the Vice-Chairman are not re-elected as Commissioners in any given year, unless a Special Meeting is called, the Board of County Commissioners shall elect a Chairman and/or Vice-Chairman, as applicable, at the first regularly scheduled Board meeting on or after the second Tuesday after the election to temporarily serve until the first regularly scheduled Board meeting in January at which time the scheduled election shall take place. However, the Chairman and the Vice-Chairman shall serve at the pleasure of the Board. The Vice-Chairman shall preside in the absence of the Chairman. With respect to all matters outside of meetings (see subsection (f) below), in the absence of both the Chairman and the Vice-Chairman, the immediate past Chairman shall act as temporary Chairman, and if there is no immediate past Chairman, then the longest tenured Commissioner shall so act. The Chairman shall become the presiding officer immediately after his or her election. The Chairman shall preserve order and decorum at all meetings. He shall state every question and announce the decision of the commission on each item of business. The majority vote of the members present shall determine all questions of order not otherwise covered. The Chairman may vote on any question, his or her name being called last. The Chairman shall sign all ordinances, resolutions and legally binding documents adopted by the Commission during his or her presence. In his or her absence, such ordinances, resolutions and legally binding documents shall be signed by the presiding officer.

(f)

Call to Order. At the hour appointed for the meeting, the Chairman shall immediately call the Commission to order. In the physical absence of the Chairman, and the Vice-Chairman, the Board members present shall elect a temporary Chairman and a temporary Vice-Chairman by majority vote, and the Chairman so elected shall then call the meeting to order and shall serve until arrival of the Chairman or Vice-Chairman.

(g)

Quorum. A majority of the Board shall constitute a quorum. No resolution, legally binding document or motion shall be adopted by the Board without the affirmative vote of the majority of all members present. Should no quorum attend within 30 minutes after the hour appointed for the meeting, the Chairman, Vice-Chairman, or in their absence, the Clerk or his designee, may adjourn the meeting.

(h)

Super-Majority Exception. Whenever provided by general law, special law, ordinance, or as specified by resolution adopted by a majority of the full membership of the Board, and notwithstanding subsection (g), a motion, ordinance, legally binding document or resolution may be required to be adopted by an affirmative vote of four-fifths (4/5) of the full membership of the Board.

(i)

Rules of debate. The following rules of debate shall be observed by the Board. Except as herein provided, questions of order and the conduct of business shall be governed by Robert's Rules of Order.

(1)

Motion under consideration. 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 postpone, or to amend until the question is decided. These countermotions 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 the next meeting by majority of the members present.

(2)

Chairman participation. The presiding Chairman may move, second and debate from the chair, and shall not be deprived of any of the rights and privileges of a Commissioner by reason of being the presiding Chairman.

(3)

Form of address. Each member shall address only the presiding officer for recognition, shall confine himself to the question under debate, and shall avoid personalities and indecorous language.

(4)

Interruption. A member, once recognized, shall not be interrupted except by a call to order or as herein otherwise provided. If a member is called to order, he shall stop speaking until the question is determined by the presiding officer. Any member may appeal the decision of the Chairman to the Board for decision by majority vote.

(5)

Privilege of closing debate. The Commissioner moving for the adoption of an ordinance, resolution or other act shall have the privilege of closing debate unless otherwise directed by the Chair.

(6)

The question. Upon the closing of debate any member may require a roll call vote. Any member may give a brief statement or file a written explanation of his or her vote.

(j)

Minutes. The minutes of prior meetings approved by a majority of the members present shall become the official minutes. Each resolution, ordinance and legally binding document shall be signed by the presiding officer at the meeting and by the Clerk and entered in the minutes.

(Ord. No. 75-16, § 1(1); Ord. No. 85-20, § 1; Ord. No. 87-14, § 1; Ord. No. 89-04, § 1; Ord. No. 90-27, § 1; Ord. No. 2007-02, §§ 1—3; Ord. No. 07-50, § 1; Ord. No. 2009-52, § 1; Ord. No. 2011-01, § 1; Ord. No. 2011-17, § 1; Ord. No. 2014-12, § 1; Ord. No. 2015-50, § 1)