Town Meetings; Procedures

Date, Time and Place of Regularly Scheduled Meetings

The regular monthly meeting of the Town Council is scheduled every first Wednesday of the month at 9:00 a.m. held at the Orchid Island Beach Club.

Parliamentary Procedures

In 2018, the Town Council via Resolution adopted its own simplified Parliamentary Procedures for its official meetings, as follows:

Principles

The following parliamentary procedure established for and by the Town of Orchid is built on a foundation supported by the following four pillars:

Establishing order. The first purpose of rules of parliamentary procedure is to establish a framework for the orderly conduct of meetings.
Providing clarity. Simple rules lead to wider understanding and participation, while complex rules create opacity and can foster a fear of participation in those who do not fully understand them.
User-friendliness. That is, the rules must be simple enough that the public is invited into the body and feels that it has participated in the process.

Enforcing the will of the majority while protecting the rights of the minority. The ultimate purpose of rules of procedure is to encourage discussion and to facilitate decision making by the body. In a democracy, it is the majority that rules. The rules must enable the majority to express itself and fashion a result, while permitting the minority to also express itself, but not dominate, while fully participating in the process.

Sunshine Law

The Town Council of the Town of Orchid and its Council-appointed Committees, hereinafter referred to simply as "Committees", are subject to Florida's Sunshine Law. No two members of the Council or a Committee may discuss town business outside of a properly noticed and public meeting at which there is a quorum and at which minutes are being taken. The Town Clerk is tasked with taking minutes of all meetings of the Town Council and any of its Committees, unless other arrangements are made.

Establishing a Quorum

The starting point for a meeting is the establishment of a quorum, which is defined as the minimum number of members of the body who must be present at a meeting for business to be legally transacted. A quorum is the number of members that equals half the total body plus one. If a body has fewer than the required number of members present for a quorum, it cannot legally transact business.

Even if the body has a quorum to begin the meeting, the body can lose the quorum during the meeting when a member departs. When that occurs, the body loses its ability to transact business until and unless a quorum is reestablished. Although the Town of Orchid's Charter allows Councilmembers to teleconference into a meeting, the quorum of a meeting is established only with members who are physically present at the meeting.

Members of Committees are not permitted to teleconference into their meetings.

The Role of the Mayor and Committee Chair

While all members of the body should know and understand the rules of these parliamentary procedures, it is the Mayor/Chair of the body who is charged with applying the rules of conduct of the meeting and who should be well versed in those rules. It is up to the Mayor/Chair to ensure order at the meeting, to keep track of proper motion-making processes and to steward the discussion of items according to the agenda. The Mayor/Chair should allow each member of the body the opportunity to participate fully.

The Mayor/Chair must also guide public participation. To facilitate the understanding of the meeting by the public, it's important for the Mayor/Chair to be mindful of the following:

Tell the public what the body will be doing.
Keep the public informed while the body is doing it.
When the body has acted, tell the public what the body did.

In the absence of the Mayor/Chair, it is the Vice-Mayor/Vice-Chair who takes the responsibility of running the meeting. In the absence of the Mayor and Vice-Mayor/Chair and Vice-Chair, the body selects from its members a member to run the meeting.

Basic Format for Agenda Item Discussion

Meetings are governed by the agenda, which constitutes the roadmap for the meeting. Each agenda item should be handled by the Mayor/Chair in the following basic format:

First, the Mayor/Chair announces the agenda item and states the item's subject. The Mayor/Chair then explains the format that will be followed in handling the agenda item. If the item is an Ordinance or Resolution, then the next step is to ask the Town Clerk to read the title of the Ordinance or Resolution. In the case of an Ordinance, the Mayor/Chair should advise the members of the body and the public what reading (i.e. first, second, etc.) is being addressed.

Second, the Mayor/Chair invites the appropriate person or persons to report on the item, including any recommendation that they might have. The appropriate person or persons may be the Mayor/Chair him/herself, a member of the body, a staff member, or an outside expert charged with providing input on the agenda item.

Third, the Mayor/Chair asks members of the body if they have any clarifying questions of the person or persons who reported on the item, and that person or persons should be given time to respond.

Fourth, if a public hearing is part of the agenda item's format, then the Mayor/Chair formally opens the public hearing for public input. If numerous members of the public indicate a desire to speak on the subject at hand, the Mayor/Chair may limit the time of public speakers to 3 minutes each per Resolution No. 2013-07. The Mayor/Chair asks each member of the public to first state his/her full name before making any comments. Members of the public should only address the Mayor/Chair; a back and forth between members of the body and the public should be avoided. Questions may be answered, but this is not required. At the conclusion of the public comments, the Mayor/Chair formally closes the public hearing. It may be necessary to continue a public hearing to another specific date, time and place; this may be handled with the guidance of the Town Attorney and the Mayor/Chair may wish to keep the public hearing open beyond the final comments for this reason.

Fifth, the Mayor/Chair asks members of the body and staff for any comments they may have, before calling for a motion.

Sixth, once a motion is made, the Mayor/Chair announces the name of the member of the body who made the motion. The Mayor/Chair may choose to make a motion him/herself if no other member makes a motion. If no motion is necessary, as may be the case with a discussion item for example, then the Mayor/Chair may invite discussion before moving to the next agenda item.

Seventh, the Mayor/Chair determines if any member of the body wishes to second the motion. The Mayor/Chair announces the name of the member of the body who seconded the motion. If the motion is not seconded, then the motion dies and the Mayor/Chair announces this.

Eighth, if the motion is made and seconded, the Mayor/Chair makes sure the motion is clear for the record.

Ninth, the Mayor/Chair invites discussion of the motion by the body. If there is no desired discussion, or after the discussion has ended, the Mayor/Chair announces that the body will vote on the motion. If there has been no discussion or very brief discussion, then the vote on the motion may proceed immediately and there is no need to repeat the motion. If there has been substantial discussion, it may be helpful to repeat the motion.

Tenth it is important that the Mayor/Chair knows whether a simple majority, a unanimous vote or a roll call vote is required for the motion to be successfully carried. The Town Attorney can offer guidance.

If the motion requires a roll call vote, then the Mayor/Chair asks the Town Clerk to proceed with a roll call vote.
If the motion does not require a roll call vote, the Mayor/Chair simply asks who is in favor of the motion and then who is not.

Eleventh, the Mayor/Chair announces the result of the vote - whether the motion carries or is defeated- and what action the body has taken. In announcing the result, the Mayor/Chair should include the names of the members of the body, if any, who voted in the minority on the motion. This announcement might take the following form:

"The motion carries by a vote of 3-2, with Councilmembers Smith and Jones dissenting. The motion allowing ... has passed."

"The motion carries unanimously. The motion requiring ... has passed."

To allow flexibility due to the vastly different agenda items that can come before a body, the Mayor/Chair is given leeway to adjust the above procedure as best suits the decision-making process. For instance, it may be beneficial for some of the discussion to take place before a motion is formulated. The Mayor/Chair must use this flexibility judiciously. Meetings that are run consistently are easier for the members of the body to participate in and are more transparent to members of the public.

Quasi-judicial hearings may have to be attended to in a slightly different manner as described above. The Town's legal counsel will ensure that the correct proceedings for such a hearing are made clear to and followed by those in attendance. [See more information below.]

Calling for a Motion

Motions are the vehicles for decision making by a body. It is best practice to have a motion before the body prior to commencing discussion of an agenda item; however, it may be favorable in some instances for the discussion to start before a motion is formulated. Either way, the Mayor/Chair usually initiates the motion in one of three ways:

Inviting the members of the body to make a motion, for example, "A motion at this time would be in order," or ''Do I have a motion?"
Suggesting a motion to the members of the body, "A motion would be in order that we give a 10-day notice in the future for all our meetings. "
Making the motion. The Mayor/Chair has every right as a member of the body to make a motion, but should normally do so only if the Mayor/Chair wishes to make a motion on an item and is convinced that no other member of the body is willing to step forward to do so at this particular time.

A motion in most cases should start with the words "move ... "

Three Basic Motions

There are three motions that are the most common and recur often at meetings:

The basic motion: The basic motion is the one that puts forward a decision for the body's consideration. A basic motion might be: ''I move that we create a five-member committee to plan the annual fundraiser. "

The motion to amend: If a member wants to change a basic motion that is before the body, they would move to amend it. A motion to amend might be: ''I move that we amend the motion to have a 10-member committee." A motion to amend takes the basic motion that is before the body and seeks to change it in some way.

A friendly amendment is a practical parliamentary tool that is simple, informal, saves time and avoids bogging a meeting down with numerous formal motions. It works in the following way: In the discussion on a pending motion, it may appear that a change to the motion is desirable or may win support for the motion from some members. When that happens, a member who has the floor may simply say, "I want to suggest a friendly amendment to the motion." The member suggests the friendly amendment, and if the maker and the person who seconded the motion pending on the floor accept the friendly amendment, that now becomes the pending motion on the floor. If either the maker or the person who seconded rejects the proposed friendly amendment, then the proposer can formally move to amend.

The substitute motion: If a member wants to completely do away with the basic motion that is before the body, and put a new motion before the body, they would move a substitute motion. A substitute motion might be: "I move a substitute motion that we cancel the annual fundraiser this year."

If a member makes what that member calls a "motion to amend," but the Mayor/Chair determines that it is really a "substitute motion," then the Mayor/Chair's designation governs.

Multiple Motions before the Body

There can be up to three motions on the floor at the same time. The Mayor/Chair can reject a fourth motion until the body has dealt with the three on the floor. This rule has practical value; more than three motions on the floor is confusing and unwieldy.

When there are two or three motions on the floor (after motions and seconds) at the same time, the vote proceeds first on the last motion that is made. For example, assume the first motion is a basic motion to have a five-member committee to plan the annual fundraiser. "During the discussion of this motion, a member might make a second motion to "amend the main motion to have a 10-member committee, not a five-member committee to plan the annual fundraiser. " And perhaps, during that discussion, a member makes yet a third motion as a "substitute motion that we not have an annual fundraiser this year." The proper procedure would proceed as follows:

First, the Mayor/Chair would deal with the third (the last) motion, the substitute motion. After discussion and debate, a vote would be taken first on the third motion. If the substitute motion passed, it would be a substitute for the basic motion and would eliminate it. The first motion would be moot, as would the second motion, and the action on the agenda item would be completed on the passage of the third motion (the substitute motion). No vote would be taken on the first or second motions.

Second, if the substitute motion failed, the Mayor/Chair would then deal with the second (now the last) motion, the motion to amend. The discussion and debate would focus strictly on the amendment (should the committee be five or 10 members). If the motion to amend passed, the Mayor/Chair then proceeds to consider the main motion (the first motion) as amended. If the motion to amend Jailed, the Mayor/Chair would then proceed to consider the main motion (the first motion) in its original format, not amended.

Third, the Mayor/Chair would now deal with the first motion. The original motion would either be in its original format (five-member committee), or if amended, would be in its amended format (10-member committee). The question on the floor for discussion and decision would be whether a committee should plan and put on the annual fundraiser.

Counting Votes

In regard to determining whether a motion passed or was defeated, these are the quick rules:

Simple majority requires at least one vote more in favor than half of the body.
Supermajority requires a majority plus one in favor.
Unanimous requires all votes to be in favor.

In the event of a tie, the motion fails since an affirmative vote is required to pass any motion.

Simple Majority and Supermajority Votes

All motions require at least a simple majority, but there are a few exceptions where the criteria for passage of a motion are more stringent. The exceptions come up when the body is taking an action which effectively cuts off the ability of a minority of the body to take an action or discuss an item. These extraordinary motions require a supermajority to pass. Also, when selecting the millage rate for a new fiscal year, there are specific rules that dictate how high a millage rate can increase depending on the in-favor votes.

The basic rule of motions is that they are subject to discussion and debate. Accordingly, basic motions, motions to amend, and substitute motions are all eligible, each in their tum, for full discussion. The debate can continue as long as members of the body wish to discuss an item, subject to the decision of the Mayor/Chair that it is time to move on and take action. Members of the body may use the following motions to guide or curtail debate.

Motion to limit debate. The most common form of this motion is to say, ''I move the previous question" or ''I move the question" or ''I call the question". As a practical matter, when a member makes such a motion, the Mayor/Chair can expedite matters by treating it as a "request" rather than as a formal motion. The Mayor/Chair can simply ask of the body, if any further discussion is of interest. If no one wishes to have further discussion, then the Mayor/Chair can go right to the motion for action.

However, if even one person wishes to discuss the pending motion further, then the Mayor/Chair should treat the request as a formal motion, and proceed by requesting a second and conducting a vote. The motion to limit debate requires a supermajority vote of the body. If the motion carries, the discussion ends and a vote on the open matter is taken.

Note: A motion to limit debate may include a time limit. For example: ''I move we limit debate on this agenda item to 15 minutes." Even in this format, the motion to limit debate requires a two-thirds vote of the body.

Motion to table. This motion, if passed, requires discussion of the agenda item to be halted and the agenda item to be placed on hold. The motion can contain a specific time in which the item can come back; "I move we table this item until our next regular meeting," "I move we table this item to the end of this meeting," "I move we table this item until the expert can be present for the discussion". It requires only a simple majority vote.

Motion to reconsider. After a vote is taken, the matter is deemed closed, subject only to reopening if a proper motion to consider is made and passed. A motion to reconsider requires a simple majority vote to pass, but there are two special rules that apply only to the motion to reconsider:

A motion to reconsider must be made at the meeting where the item was first voted upon. A motion to reconsider made at a later time is untimely. (The body, however, can always vote to suspend the rules and, by a supermajority, allow a motion to reconsider to be made at another time.)
A motion to reconsider may be made only by certain members of the body. Accordingly, a motion to reconsider may be made only by a member who voted in the majority on the original motion. If such a member has a change of heart, he or she may make the motion to reconsider (any other member of the body - including a member who voted in the minority on the original motion - may second the motion).

If the motion to reconsider passes, then the original matter is back before the body, and a new original motion is in order. The matter may be discussed and debated as if it were on the floor for the first time.

Abstention from Voting

There is a statutory requirement that the vote of all members of the Town Council and of its committees, who are present at a meeting at which an official decision, ruling, or other official act are to be taken or adopted, must be counted. No such member may abstain from voting unless there is, or appears to be, a possible conflict of interest. If such a conflict exists or appears to exist, then that member shall comply with the disclosure requirements of Florida law. If the official decision, ruling, or act occurs in the context of a quasi-judicial proceeding, a member may abstain from voting on such matter if the abstention is to assure a fair proceeding free from potential bias or prejudice. (See Chapter 286.012 Florida Statutes)

If a member of the body abstains from voting, he/ she is not counted in the total to determine the simple and/or two-third majority requirement; it is for the purposes of that particular vote as though the member is not present. He/she still counts toward the quorum for the meeting.

Withdrawing a Motion

During debate and discussion of a motion, the maker of the motion on the floor may interrupt a speaker to withdraw his or her motion. The motion is immediately deemed withdrawn, although the Mayor/Chair may ask if another member of the body would like to make the motion again. It will require another second to proceed to debate again.

Special Agenda Items

Roll Call. After a meeting is called to order by the Mayor/Chair, the Town Clerk takes a verbal roll call of all the members. Members must respond audibly to affirm their presence. The Town Clerk notes absences for the official minutes.

Additions, Deletions, Modifications. On the agenda of regular meetings, there is the opportunity for members of the body or staff to request the addition, deletion or modification of agenda items. Approval of requests may be handled via motion, consensus of the body or approval by the Mayor/Chair. New items ought only be discussion items and not action items, except if the item regards an emergency; discussion items may be recommended to be brought forward at the next meeting for action. ·

Public Participation. Members of the public have the opportunity early in a regular meeting to bring forward topics that they would like to speak on in front of the body that are not already on the agenda. Speakers are asked to submit a "speaker sheet" to the Town Clerk or Mayor/Chair in advance of the start of the meeting.

Proclamations. When the Town Council has a proclamation to attend to, the related item should be included early on the agenda (usually after the consent agenda and before council business). The Mayor invites the recipient of the proclamation to stand in front of the dais. He or the Town Clerk then reads the proclamation's body of text in its entirety to the recipient. It is preferable for the reader to stand during this reading. Once the proclamation has been read, the Mayor signs it on behalf of the Town Council, then the Town Clerk signs it to attest to the Mayor's signature. And the document is presented to the recipient.

Swearing in of a new Councilmember/Charter Officer. In the case of a new Councilmember or Town Manager, the Town Clerk, as an active notary public, invites him/her to stand and raise his/her right hand. She then takes the oath prescribed in the in the Town's Charter. If the new Charter Officer is the Town Clerk, then the Town Attorney takes the oath. Once the oath is complete, the Town Attorney or Town Clerk invites the new Councilmember/Charter Officer to take a seat at the dais.

Swearing in of Witnesses. During a quasi-judicial hearing, witnesses may need to be sworn in to tell the whole truth and nothing but the truth. The Town Clerk, as an active notary public, or the Town Attorney asks witnesses to stand for this swearing in, to raise the right hand and to repeat the oath after him/her.

Millage Rate. Before the millage rate for the upcoming fiscal year is determined by the Town Council, the rolled back rate must be announced. Once a millage rate is determined, then the percentage increase over the rolled back rate must be announced as well. Only then may the Resolution that sets the millage rate for the upcoming fiscal year be approved by motion and roll call vote.

Opening, Recessing and Adjourning the Meeting

Opening, recessing, and adjourning a meeting are functions of the Mayor/Chair. The Mayor/Chair opens and closes the meeting with a tap of the gavel and a verbal acknowledgement. If a recess is necessary, then the Mayor/Chair announces the recess verbally and includes the time at which the recess will end. The Mayor/Chair reconvenes the meeting verbally at the proposed time. No motion needs to be made, but the Mayor/Chair must be mindful of the wishes of the body in conducting these actions.

Courtesy and Decorum

These rules of order are meant to create an atmosphere where the members of the body and the members of the public can attend to business efficiently, fairly and with full participation. This is best achieved when common courtesy and decorum are observed by all participating parties. The Mayor/Chair should always ensure that debate and discussion of an agenda item focuses on the item and the policy in question, while also remaining open and free to all opinions. However, if a debate is too loud, too personal or too crude, the Mayor/Chair has the responsibility of intervening. If multiple members of the body are speaking at once, the Mayor/Chair should recognize one member first and then allow the second member to speak, and so on, to ensure all members have the opportunity to be heard and understood. Generally, a speaker should not be interrupted barring these few exceptions:

Point of Privilege: Appropriate points of privilege relate to anything that would interfere with the normal comfort of the meeting. For example, the room may be too hot or too cold, or a blowing fan might interfere with a person's ability to hear. A member may bring this to the attention at any time during a meeting without using the language "point of privilege".
Point of Order: Appropriate points of order relate to anything that would not be considered appropriate conduct of the meeting. For example, if the Mayor/Chair moved on to a vote on a motion that without allowing discussion or debate. A member may bring this to the attention of the Mayor/Chair at any time during a meeting without using the language "point of order'.
Call for orders of the day. This is simply another way of saying, "return to the agenda." If a member believes that the body has drifted from the agreed-upon agenda, such a call may be made. It does not require a vote, and when the Mayor/Chair discovers that this is the correct call, the Mayor/Chair simply reminds the body to return to the agenda item.

Scheduling, Canceling, Rescheduling a Meeting

The Town Council of the Town of Orchid meets once monthly for a regular meeting, except in the months of July and August, when the Town Council is permitted by the Charter to forego the regular monthly meeting.

The regular monthly meetings are held on the first Wednesday of every month. The meetings are scheduled to start at 9 a.m., but a different date and time may be selected if required by law or necessitated by other circumstances.

In September, the Town Council holds two regular meetings in order to adopt the tentative and final budgets. The dates for these meetings are set as part of the Truth-in-Millage process and deviate from the regular schedule the rest of the year.

Special called meetings may be scheduled as required in addition to the regular monthly meeting. These special called meetings shall be duly advertised and shall pertain only to the matter for which the meeting was called.

Committees do not have a regular scheduled meeting, but are called to meet as required. Their meetings are all special called meetings, unless a regularly scheduled meeting is part of the committees' creation.

The Town Clerk organizes each meeting's location and shall keep members of the Town Council and its Committees abreast of upcoming meeting details such as date, time and place in order to facilitate a quorum. Meetings may be canceled if no quorum can be achieved. Cancellations shall be announced on the Town's website.

Public Participation

In 2013, the Town Council adopted a Resolution regarding Public Input Procedures, which affords members of the public a reasonable opportunity to be heard on propositions presented for formal, official action at Town Council and other Town board and committee meetings in accordance with Section 286.0114, Florida Statutes, as follows:

Public Comments on Agenda Items. Agendas shall be ordered in a manner that allows public comments on agenda items at the beginning of each Town Council and other Town board and committee meeting prior to the Council, board or committee voting on a proposition that is on the agenda for formal official action, except as provided in Sections 2 and 3 of this Resolution.
Statutory Exceptions. As provided in Section 286.0114, Florida Statutes, public comment will not be required on the following propositions: a. Emergency items, meaning an official act that must be taken to deal with an emergency situation affecting the public health, welfare, or safety, if compliance with Section 286.0114, Florida Statutes, would cause an unreasonable delay in the ability of the Council, board or committee to act; b. Ministerial items, meaning an official act involving no more than a ministerial act, including, but not limited to, approval of minutes and ceremonial proclamations. Ministerial items also include motions or questions of parliamentary procedure that do not result in a final official action of an item before the Council; c. Quasi-judicial items.
Public Hearing Items. Public comments on public hearing agenda items will be taken at such time the item is presented and considered by the Council, board or committee unless otherwise permitted by the Council, board or committee at the beginning of the meeting or at such time the public hearing is continued.
Propositions Not on the Agenda. If a proposition is considered by the Town Councilor other Town board or committee at a scheduled meeting, which is not listed on the agenda, and consideration shall constitute final official council, board or committee action, then the Mayor or presiding officer will offer the public an opportunity to speak to that item before the decision is made. However, if final official council action on the proposition will occur at a subsequent council, board or committee meeting, the Mayor or presiding officer will offer the public an opportunity to speak to that item at the meeting at which the council, board or committee takes final official action on the proposition subject to the applicable provisions of this Resolution.
Town Council and other Town Board or Committee Workshops. The Town Council and other Town boards and committees hold workshops to consider certain items which are not ready for official action. The public is always welcome to attend, and is welcome to provide comments regarding workshop items to the Town Councilor Town board or committee and Staff outside a meeting. Typically workshops provide the Town Council and Town boards or committees an opportunity to discuss the topic of the workshop among themselves and with Town staff. Public comment will not be heard at workshops unless authorized by majority vote of the Town Councilor Town board or committee, but public comment on workshop items will be taken at the very next regular Town Councilor Town board or committee meeting following the workshop during the public comment portion of the meeting on that item.
Exempt Meetings. Public comments will not be taken at meetings that are exempt from the Sunshine Law and not open to the public including, but not limited to, attorney-client executive sessions and security meetings.
Designated Speaker Time Periods. Unless otherwise provided by a more specific Town Councilor Town board or committee rule, public comment shall be limited to three (3) minutes per speaker. The Town Council or Town board or committee may adjust this time period by majority vote in order to ensure the meeting is conducted in an orderly and efficient manner and all persons desiring to speak are afforded a reasonable opportunity to be heard.
Savings Clause. The failure of the Town Council, Town board or committee, or the Mayor or presiding officer to abide by the provisions of this Resolution shall not have any adverse effect on any final official action made by a majority vote of the Town Councilor Town board or committee.
Speaker Forms. The Town Clerk's office is authorized to prepare forms for an individual to use in order to inform the Town Council and other Town boards and committees of a desire to be heard; to indicate the individual's support, opposition, or neutrality on a proposition; and to indicate the individual's designation of a representative to speak for him or her or his or her group on a proposition if the individual so chooses.

Quasi-Judicial Hearings

On February 2, 2021, the Town Council adopted Resolution No. 2021-01 establishing a transparent and standard protocol for quasi-judicial hearings as follows:

The Town Council of the Town of Orchid recognizes the need to observe fundamental due process in the determination of all quasi-judicial matters. In furtherance of this obligation, the following Quasi-Judicial Procedures are to be adhered to in the conduct of such hearings.

Swearing in of Witnesses. Any person presenting factual information to the Town Council, Board or Agency during the hearing shall be sworn in. The administration of the oath or affirmation shall be done by the Town Clerk on the record at the time the person comes to the podium or as a group before the hearing commences. If the Town Clerk is not available, the Town Attorney can administer the oath. Citizens wishing to merely express an opinion in favor or opposition to the matter at hand, and agents of the applicant (such as an attorney) merely advocating the applicant’s position, need not be sworn in.
Admissibility of Evidence. The Town Attorney, upon an objection raised or upon his or her own accord, shall determine if any evidence sought to be presented is inadmissible. This determination may be over-ruled by a majority of the Town Council or the Board or Agency upon a motion by any member thereof. Otherwise, the Mayor or Chair shall for the record receive any evidence presented and the same shall be maintained in the custody of the Town Clerk.
Time Limitations. The traditional practices of the Mayor or Chair in presiding over the smooth conduct of the hearing, encouraging precise and relevant presentations, shall provide guidance as to limitations on the length of presentations and the redundancy of witnesses. However, as appropriate, the Town Council, Board or Agency by majority vote, may set limits on the length of presentations and the number of witnesses on a case-by-case basis.
Competent Substantial Evidence. In deciding whether the application does or does not meet the standards, the Town Council, Board or Agency must base its decision on what is known as “competent substantial evidence”. Substantial evidence is such evidence that a fact at issue can reasonably be inferred from. Competent evidence means legally sufficient evidence. Competent substantial evidence should be based in fact, be reliable and tend to prove a point such that a reasonable mind would accept it as sufficient to support the conclusion reached. Competent substantial evidence should not be speculative, hypothetical or conjecture. Instead, it must be relevant, material and within the purview of knowledge of the witness offering the evidence.
The Applicability of the Law. Quasi-judicial proceedings involve the application of established standards, policy or laws to individual facts set forth in the application. For this reason, when deciding a quasi-judicial matter, the Town Council, Board or Agency is restrained to consider and apply the criteria set forth in the applicable Code section(s) at issue. For example, if the Town Council, Board or Agency are considering a variance, it is limited to applying the competent substantial evidence to the factors outline in Section 82-6 of the Code or as amended.
Due Process. A party to a Quasi-Judicial Hearing should be provided procedural due process, which consists of providing reasonable notice of the hearing; an opportunity to be heard at the hearing; present evidence at the hearing; and an opportunity to cross-examine witnesses.
Ex-Parte Communication. At the time the Mayor or Chair opens the hearing, members of the Town Council, Board or Agency shall disclose ex-parte communications in accordance with law. An ex parte communication is any communication, oral or written, between members serving on the Town Council, Board or Agency and the public, other than those made on the record at the public hearing.
Order of Presentation. After the Presiding Officer opens the hearing, the matter shall proceed in the following order:

Presiding Officer opens hearing,
Town Clerk or Town Attorney reads title of request,
Councilmembers, Board Members, or Committee Members disclose ex-parte communications,
Town Clerk swears in all who intend to provide testimony,
Applicant makes presentation,
Staff presents findings and analysis,
Councilmembers, Board Members, or Committee Members ask questions of the applicant and staff,
Presiding Officer opens the floor for anyone in favor of the request,
Presiding Officer opens the floor for anyone opposing the request,
Applicant provided opportunity to respond to issues raised by staff or public,
Staff provided opportunity to summarize request if needed,
Councilmember, Board Member, or Committee Member deliberation and questions,
Presiding Officer calls for a motion, and
Town Council, Board or Agency takes action.

Due to the evolving nature of this area of the law, these procedures shall be utilized in the conduct of hearing matters that are determined to be quasi-judicial under the laws of the State of Florida.