CITY OF HALLANDALE BEACH

MEMORANDUM

CM10-087

DATE:                        April 26, 2010

TO:                 Honorable Mayor and City Commission

FROM:            D. Mike Good, City Manager

SUBJECT:     Consideration of the Creation of Sergeant-At-Arms at City Commission and Other City Meetings AR# 012/10

PURPOSE:

To discuss the creation of a Sergeant-At-Arms at City Commission and other publicly noticed City Meetings including City Board and Committee Meetings.

BACKGROUND:

Per Section 3.05 of the City’s Charter the City Commission is vested with all legislative powers of the City and shall consist of five (5) commissioners who shall be elected at large by the qualified electors of the city    As required by the Code, the City Commission is to meet at regular times set by resolution and shall determine its own rules and order of business.  As such the “in case of any disturbance or disorderly conduct, the presiding officer shall have the power to require the commission chamber to be cleared if necessary, or to expel any member of the audience causing such disturbance or disorderly conduct.”  Section 2-38 Hallandale Beach Code of Ordinances.   There is no specific provision within the Code for a Sergeant-at-Arms.  Currently many Boards and Committee agendas as well as City Commission meetings have items which include topics of great public interest where a Sergeant-at-Arms may be utilized as well.   

DISCUSSION:

As the Legislative body and leaders of this City, City Commission meetings should be conducted and held with the highest respect of the proceedings and the law in which the City Commission represents.  It is well known that each Commissioner is very passionate about their representation and takes great pride and responsibility in the carrying out of the performance of their duties.  This passion extends to Board and Committee members and the to the public specifically when there are topics of great public interest which may be controversial at times. 

As part of the Protocol Manual, being incorporated by ordinance, Section 11(H) “Commission Code of Conduct” provides:

H.        Removal from Commission Meetings in the City, City Commission Public Meetings, Meetings of Boards or Committees, collectively “Meetings.”

It shall be unlawful for any individual, or member of the City Commission, Boards or Committees to disturb or disrupt Meetings or refuse to obey the orders of the Presiding Officer of the Meetings concerning the conduct of the meetings. Any individual, member of the City Commission, Boards or Committees who causes a disruption or disturbance of the meeting shall be warned by the Presiding Officer that the conduct is interfering or disturbing the order of the meeting and shall be given the opportunity to cease such conduct. If such individual or member of a Board or Committee, or of the Commission fails to cease the offending conduct and continues to interrupt or disturb the meeting, such individual, or member, shall be removed from the meeting by a Sergeant-at-Arms, designated by the Chief of Police, if so directed by the Presiding Officer, or by a vote of the majority of the body, should the Presiding Officer fail to give such direction. Once barred by the Presiding Officer, such individual or member shall be barred from the remainder of the meeting. Following expulsion as directed by the Presiding Officer or Chair, such individual may be subject to arrest as determined by law enforcement, to include a violation of Section 871.01, Florida Statues, for willfully interrupting or disturbing any assembly of people for any lawful purpose, and no action by the Presiding officer is required for law enforcement to carry out its duties under law and enforce it.

The adoption of the above provision by ordinance would repeal Section 2-37.  “Punishing absent members; expelling disorderly member; compelling attendance” which states

The commission may punish its members for nonattendance or disorderly conduct and, four-fifths of its members concurring, may expel a member for nonattendance or for improper conduct in office. They may compel the attendance of absent members by fines and penalties.

Within Broward and Miami-Dade Counties, a combined ten (10) cities/counties have a Sergeant-at-Arm provision within their Code.  Most Cities/Counties do not have the Sergeant-at-Arms in attendance throughout the entire meeting but rather the Sergeant-at-Arms is on-call in the event of a disturbance.  Staff will prepare an administrative policy detailing the roles and responsibilities of the Sergeant-at-Arms. 

As elected officials, the City Commission should set the example and personify professionalism and leadership, be dedicated to the citizens in their Community and speak both in word and actions in the best interest of the City.  At all times Commissioners are representatives of the City of Hallandale Beach, but more importantly of the great democratic processes and freedoms each of us is fortunate to enjoy today.  However, it is imperative that those freedoms and views be respected and venued in the appropriate time, place, and manner, and utilized to set an example and not create an atmosphere that demoralizes City staff and avoids both impropriety and the appearance of impropriety at public meetings.   

RECOMMENDATION:

The City Commission create the Sergeant-at-Arms position for City Commission and Board and Committee Meeting and any other publicly noticed City Meetings.

________________________________                                ________________

D. Mike Good, City Manager                                                 Date