Franklin urges board members to enforce the provisions
With no comments on April 7, four of the five members of the Sarasota City Commission approved a revision of the Rules of Procedure for their meetings.
Commissioner Kathy Kelley Ohlrich, who had asked that the item on the board’s Consent Agenda No. 2 — which contains generally routine business matters — be pulled for remarks, was not present. Mayor Liz Alpert did not offer an excuse for Ohlrich’s absence.
City Auditor and Clerk Shayla Griggs noted having received Ohlrich’s request, adding that it was moot, given the fact that Ohlrich was not present.
One member of the public had signed up to address the revised Rules of Procedure. Thus, Griggs called on that individual — Kelly Franklin of Laurel Park — to address it before the vote on that item and the others on Consent Agenda No. 2.
Last year, Franklin lost a defamation case she filed against Commissioner Kyle Battie in February 2024, contending that he had inflicted serious damage on her reputation by making it clear that he believed she had created a racist Facebook post that he displayed in the Commission Chambers on Jan. 16, 2024 as part of an item he had asked to be placed on that day’s meeting agenda. Although he never cited her name, what Franklin has stressed was a “hoax post” had her photo and name at the top of it.
The document that Battie addressed was not included in the agenda packet for that Jan. 16, 2024 meeting. The agenda item had the heading, “Discussion Re: Civility, Respect and Rhetoric (THIS ITEM WAS ADDED UNDER CHANGES TO THE ORDER OF THE DAY).”
Franklin has asked on multiple occasions that Battie offer her a public apology, as the 12th Judicial Circuit Court judge who ruled for him in the lawsuit cited judicial precedents in making that decision. The Florida Legislature has passed no law that provides for elected local government officials’ immunity from legal action such as Franklin’s complaint, she has pointed out.
During her April 7 comments, Franklin told the commissioners, “The City Commission’s Rules of Procedure are rules for how you, our elected leaders, will manage the chamber.
“The rules are clear,” she continued. “They just aren’t being followed or enforced.
“I do get it,” she added. “Enforcing the rules can feel awkward or uncomfortable.”
“But you signed up for this,” Franklin told the commissioners. “You asked your neighbors to elect you to represent them. To protect them. How do you do that? By upholding the rules.”
Franklin pointed out, “And when you break the rules, who enforces that? Only you can.
“Under our Charter and Robert’s Rules [of Order] only a city commissioner can call a point of order if someone engages in slander,” she stressed.
“Under our Charter and Robert’s Rules, only a city commissioner can request that debate end if an item hasn’t been properly noticed or if material information is not provided in advance.
“Under our charter and Robert’s Rules, only the City Commission can agenda a request for an investigation or a censure,” she emphasized.
“And under the Golden Rule,” she said, “I ask that you enforce the Charter, the City Code of Ordinances, and Robert’s Rules.”
A variety of modifications
The following are among the changes to the Rules of Procedure, as denoted by the underlining:
- Rule V.B. “All non-agendaed items shall be added to the agenda through Changes to the Orders of the Day. Changes to the Orders of the Day may be approved by consensus of the Commission. If there is not consensus of the Commission, a two-thirds (2/3) vote of the Commission members present or attending virtually or by telephone shall be required to add non-agendaed items to the agenda. Unless otherwise required, a majority vote of the Commission members present or attending virtually or by telephone shall be required to take action on items added under Changes to the Orders of the Day. The preferred practice shall be that all items shall be on the published agenda.”
- Rule V.C. “Commissioners should make every effort to announce items to be removed from Consent Agendas by advising the Charter Officials in advance of the Commission meeting.” (The Charter Officials are the city manager, the city attorney and the city auditor and clerk.)
- Rule VII.F. “Citizens’ Input Concerning City Topics (limited to 30 minutes — Commissioners may extend the 30 minute time limit by vote).”
- Rule VII.M. “Public Hearings (time limits will be established at the beginning of the hearing).”
- Rule X.C. “Prior to a motion being made, Commissioners shall be allowed to ask direct questions for informational purposes in rounds as follows: 1st round of 10 minutes each, 2nd round of 5 minutes each, and subsequent rounds of 3 minutes each. Commissioners will not ask another round of questions until every Commissioner who desires to ask questions has had an opportunity to do so.”
- Rule X.D. “After a motion has been made, Commissioners shall have two (2) opportunities to speak to a motion, each limited to ten (10) minutes. Commissioners will not speak the second time on a motion until every Commissioner who desires to speak on it has had an opportunity to do so once. Debate shall be limited to the immediately pending motion. (Previously, the second sentence said, “Commissioners cannot speak the second time on a motion until every Commissioner who desires to speak on it has had an opportunity to do so once.”)
- Rule XI.I.D. “Citizens’ Input is to allow citizens the opportunity to present their views on matters concerning City topics but not on items scheduled elsewhere on the agenda. Questions and answers shall not be permitted. Political campaign speeches advocating support for or opposition to the candidacy of any individual for an elected public office shall not be permitted. A Commissioner may refer the matter presented to the administration for a report back as an item on a future City Commission meeting agenda as necessary.” (Previously, that rule said, “With the consensus of the Commission, the Mayor may refer the matter presented to the administration for a report back as an item on a future City Commission meeting agenda as necessary.”)
- Rule XII.1.” Individual refuses to leave the Commission table after the Mayor, Vice Mayor or City Auditor and Clerk announces that time has expired.
“The presiding officer shall inform the individual that their time to address the Commission has expired and shall direct the individual to leave the table. If the individual refuses to leave the table, the Sergeant-At-Arms shall be instructed to remove the individual from the meeting. (The introduction to that section says, “The City Manager shall designate a Sergeant-At-Arms for each Commission meeting.”)