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14-1357 Policy for Selection of Invocatin SpeakerRESOLUTION NO. 14-1357 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LONGWOOD, FLORIDA, AMENDING THE CITY COMMISSION RULES OF PROCEDURE CONCERNING CEREMONIAL, OPENING INVOCATIONS AT COMMISSION MEETINGS PRIOR TO WHEN OFFICIAL POLICYMAKING OR LEGISLATIVE FUNCTIONS ARE PERFORMED; ADOPTING A POLICY OF NON -EXCLUSION FOR SELECTION OF VOLUNTEER INVOCATION SPEAKERS AND A DIVERISTY OF VIEWPOINTS; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Longwood (the "City") desires to preserve and maintain the tradition of solemnizing its proceedings by allowing and inviting an opening invocation before each meeting for the blessing and solemnizing of the City Commission's proceedings for the benefit of the City Commission, WHEREAS, the City recognizes that our history is replete with official references to the value and invocation of Divine guidance in deliberations and pronouncements of the Founding Fathers and contemporary leaders as set forth in the holding of Lynch v Donnelly, 465 U S 668, 675 (1984), WHEREAS, the United States Supreme Court and Eleventh District have consistently upheld the practice of delivering religious invocations before deliberative public bodies occurring prior to policymaking See Town of Greece v Galloway, 572 U S , slip op, 134 S Ct. 1811 (2014), Marsh v Chambers, 463 U S 783 (1983), Atheists of Florida, Inc v City of Lakeland, 713 F 3d 577 (11 th Cir 2013), WHEREAS, the City recognizes that our City and Nation is comprised of individuals with a diversity of viewpoints, including but not limited to, faiths, religions, beliefs, and non -beliefs. Accordingly, the City will make reasonable efforts to invite, locate, and welcome individuals with a diversity of viewpoints to offer the opening invocation for the benefit of the City Commission, and the City's policies shall not be intended, implemented, or construed in any manner to affiliate the City Commission with or express any preference for or against any faith, non -faith, or religious denomination, WHEREAS, in recognition of the diversity of faiths, ideas, viewpoints, and various beliefs as referenced herein, it shall be the policy of the City that sectarian prayer may be allowed that is solemn and respectful in tone that invites the City Commissioners to reflect upon shared ideals and common ends before embarking on the business of governing However, invocation speakers are hereby requested to refrain from exploiting the invocation period with proselytizing or advancing any one belief, view, or religion, disparaging any other faith or belief; denigrating nonbelievers or religious minorities, threatening damnation, or preaching conversion, and WHEREAS, the City Commission intends, and has intended in past practice, to adopt a policy that does not proselytize or advance any faith, or show any purposeful preference of one religious view to the exclusion of others NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LONGWOOD, FLORIDA, AS FOLLOWS: SECTION I. Rule 4.2 1 of the City of Longwood City Commission Rules of Procedure is hereby amended as follows (underlined language are additions, and StFickenth,,,,nh words are deletions, provisions not included are not being amended) 4 2 1 The agenda will be arranged in the following order- 1 Call to order by the Chair 2 Opening Invocation. -A mement of silent mediation folio -wed by the 3 The Pledge of Allegiance = shall rotate among the five Commissioners in an ascending numerical order 4 3. Community Announcements 5.4 Proclamations / Commendations / Awards / Presentations. 6.5 Board / Committee Appointments 7.6 Public Input. A. Special Presentations B Public Participation Period (30 minutes time limit) 8.7- Mayor and Commissioners' Report. 9.8 Any Additions or Deletions to the Agenda (See Rule 3 4 3) 10.-9 Consent Agenda (See Rule 4 4) 11.40 Public Hearings 12.41- Regular Business (Other requests, Introduction of Ordinances, Resolutions) 13.42 City Administrator's Report. 14.43 City Attorney's Report. -- 15.44 City Clerk's Report. 2 16. 45-.-Adjournment. SECTION II. The City of Longwood City Commission Rules of Procedure are hereby amended to create a new Rule 4 9 to read as follows Rule 4.9 OPENING INVOCATION 4 9 1 Intent. It shall be the policy of the City Commission that the procedures stated in this rule concerning opening invocation shall govern all official meetings of the City Commission and that the members of the City Commission and City staff shall adhere to these rules These policies and procedures are not intended, shall not be implemented, and shall not be construed in any way to affiliate the City Commission or the City with, nor express a preference for or against any faith, belief, opinion, religion, or denomination Rather, these policies and procedures are intended to acknowledge and express the City Commission's respect for the diversity of religious denominations and faiths represented and practiced among the citizens of the City 4 9.2 Timing After the Call to Order of all official meetings of the City Commission an Opening Invocation as described herein shall occur The opening invocation will occur and be completed during the opening, ceremonial portion of the City Commission meeting and shall in no event occur, or be construed to occur, during the policymaking or legislative portions of the City Commission meeting 4 9 3 Speaker Selection The opening invocation will be performed by a local volunteer selected in accordance with these rules The local volunteer selected for leading the opening invocation shall be selected from a wide pool of local clergy as specified below, and he/she shall in no event receive compensation from the City for his/her participation or services To ensure that such person is selected from among a wide pool of local clergy, on a rotating basis, the invocation speaker shall be selected according to the following procedure 1 The City Administrator or his/her designee shall compile and maintain a database of the religious congregations with an established presence within the jurisdictional limits of the City of Longwood and Seminole County 2 The Congregation List shall be compiled by referencing the listings for "churches," "congregations," or other similar religious assemblies located within the jurisdictional limits of the City and Seminole County in the annual Yellow Pages telephone book(s) published for the City and Seminole County, research from the Internet, and consultation with local chambers of commerce All religious congregations with an established presence within the jurisdictional limits of the City and Seminole County are eligible to be, and shall be, included in the Congregation List. Any such congregation, entity, organization, or individual within the jurisdictional limits of the City and Seminole County not otherwise identified for participation may request inclusion on the Congregation List by written communication directed to the City Administrator that 3 r' references the opening invocation This policy is intended to be and shall be applied in a way that is all-inclusive of every diverse religious congregation within the jurisdictional limits of the City and Seminole County The Congregation List is compiled and used for purposes of logistics, efficiency, and equal opportunity for all religious leaders within the jurisdictional limits of the City and Seminole County to choose whether to respond to the City Commission's invitation and participate Should a question arise as to the authenticity of a religious congregation, the City Administrator or his/her designee shall refer to the criteria used by the Internal Revenue Service in its determination of those religious organizations that would legitimately qualify for section 501(c)(3) tax-exempt status 3 The Congregations List may also include the name and contact information of any chaplain who serves the fire department or police department of the City 4 The Congregations List shall be updated, by reasonable efforts of the City Administrator or his/her designee, on or about the month of July of each calendar year 5 Within thirty (30) days of the effective date of this policy, and on or about May 1 of each calendar year thereafter, the City Administrator or his/her designee shall mail an invitation addressed to the religious leader, chaplain, minister, rabbi or similar, or other contact person of each congregation listed on the Congregations List. The -- invitation will comport with substantially the following form Dear Sir or Madam The Longwood City Commission makes it a policy to invite members of the clergy and other religious leaders having an established presence within the jurisdictional limits of the City Longwood and Seminole County to voluntarily offer an invocation before the beginning of its meetings for the benefit and blessing of the City Commission As the leader of one of the religious congregations with an established presence within the jurisdictional limits of the City and Seminole County, you are invited to offer this important service at an upcoming meeting of the City Commission If you are willing to assist the City Commission in this regard, please send a written reply at your earliest convenience to the City Administrator at the address included on this letterhead Invocation speakers are scheduled on a first -come, first -serve basis. The dates of the City Commission's scheduled meetings for the upcoming year are enclosed If you have a preference among the date, please state that request in your written reply This opportunity is voluntary, and you are free to offer the invocation according to the dictates of your own conscience To maintain 10 a spirit of respect and ecumenism, the City Commission respectfully requests that the invocation opportunity not be exploited as an effort to convert others to the particular faith of the invocation speaker, nor to disparage any faith or belief different than that of the invocation speaker or otherwise threaten damnation or denigrate nonbelievers. Statements reflecting ideals relating to peace and security for the nation, safety of our armed forces, police, firefighters and emergency service personnel, wisdom for the lawmakers, and justice for the people are encouraged On behalf of the City Commission of the City of Longwood, 1 thank you in advance for considering this invitation Regards, City Administrator or his/her designee 6 As the invitation letter shall state, the respondents to the invitation shall be scheduled on a first -come, first -serve basis to deliver the invocation All reasonable efforts shall be made to ensure that a variety of invocation speakers are scheduled for City Commission meetings Notwithstanding the preceding, no invocation speaker shall be scheduled to offer an invocation at consecutive meetings of the Commission, or at more than three (3) City Commission meetings in any calendar year 7 Neither the City nor the City Commission shall engage in any prior inquiry, review, or involvement in, the content of any invocation to be offered by an invocation speaker However, consistent with U S Supreme Court precedent, invocation speakers are hereby advised that the invocation should not denigrate nonbelievers or religious minorities, threaten damnation, or preach conversion Statements reflecting ideals relating to peace and security for the nation, safety of our armed forces, police, firefighters and emergency service personnel, wisdom for the lawmakers, and justice for the people are encouraged 8 The City Clerk may add the name and affiliated organization of the selected invocation speaker for a particular meeting to the Commission agenda next to the "Opening Invocation" item 9 In recognition of the transitional process relating to the policies set forth herein, including but not limited to the completion of the Congregation List and mailing of the invitations, the City Commission may invite religious leaders, chaplains, ministers, rabbis or similar of congregations located within the jurisdictional limits of the City and Seminole County to conduct the opening invocation until such time as the Congregation List is compiled 10 In the event a meeting of the City Commission does not have a volunteer opening invocation speaker for that meeting, the City Commission reserves the right to invite religious leaders, chaplains, ministers, rabbis or similar of congregations located 5 within the jurisdictional limits of the City and Seminole County to conduct the opening invocation for that meeting 4 9 4 Conduct of Opening Invocation No member of the City Commission, City employee or staff, or any other person in attendance at the meeting shall be required to participate in any opening invocation that is offered An opportunity to exit the City Commission Chambers and return upon completion of the opening invocation is afforded to those who do not wish to participate or witness the opening invocation Persons in attendance at the City Commission meeting are invited to stand during the opening invocation and Pledge of Allegiance However, such invitation shall not be construed as a demand, order, or any other type of command Such invitation constitutes a general invitation that a person in attendance may stand if he/she wishes to do so for such observances 4 9 5 Agenda Disclaimer The following statement shall be placed at the bottom of City Commission meeting agendas Any invocation that is offered before the official start of the Commission meeting shall be the voluntary offering of a private person, to and for the benefit of the Commission The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Commission or the city staff, and the City is not allowed by law to endorse the religious beliefs or views of this, or any other speaker Persons in attendance at the City Commission meeting are invited to stand during the opening invocation and Pledge of Allegiance. However, such invitation shall not be construed as a demand, order, or any other type of command. No person in attendance at the meeting shall be required to participate in any opening invocation that is offered. You may exit the City Commission Chambers and return upon completion of the opening invocation if you do not wish to participate in or witness the opening invocation SECTION III: CONFLICTS/SUPERSEDE. This Resolution shall supersede any previous rules, policies, procedures, or resolutions to the extent of any conflict with this Resolution SECTION IV: SEVERABILITY. If any portion of this Resolution is finally determined by a court of competent jurisdiction to be invalid, unconstitutional, unenforceable, or void, the balance of the Resolution shall continue in full force and effect. SECTION V: EFFECTIVE DATE. This Resolution shall take effect immediately PASSED AND RESOLVED this I'"" day of 4 , 2014, by the City Commission of the City of Longwood, Florida 0 APPROVED Robert Cortes, Mayor Approved as to form and legality for the use and reliance of the City of Longwood, Florida only SMMCLIENTS\Longwood, City oAGeneral L324-21313\Prayer at Meetings\Resolution amending Commission Procedural Rules re Opening Invocation - 8-5-14.doc 7