02-20-07 Item 22I ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
4 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CREATING
5 SECTION 8A OF THE CITY'S CODE OF ORDINANCES ENTITLED
6 "CODE OF ETHICS" TO INCLUDE SECTION 8A -2, WHICH SECTION
7 SHALL BE ENTITLED: "CODE OF CONDUCT FOR ALL ELECTED
8 OFFICIALS AND BOARD MEMBERS "; PROVIDING FOR
9 SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE
10 DATE.
11
12 WHEREAS, the Mayor and City Commission of the City of South Miami desire to
13 maintain the highest moral and ethical standards amongst its elected and appointed officials and
14 employees; and,
15
16 WHEREAS, the city desires to maintain the confidence of the public because such
17 confidence is essential to the conduct of free government; and,
18
19 WHEREAS, elected and appointed officials are the agents of the people and hold their
20 positions for the benefit of the citizens of South Miami and the South Florida community; and,
21
22 WHEREAS, the proper operation of democratic government requires public officials and
23 employees that they be independent and impartial when establishing policy and that their
24 positions never be used for personal gain; and,
25
26 WHEREAS, the city has adopted its ethics code which is based upon the state ethics
27 requirements of chapter 112, Florida Statues .and the Miami -Dade County code of ethics found at
28 section 2 -11.1; and,
29
30 WHEREAS, the current ethics code relates predominantly to economic or personal gain
31 a code of ethical conduct is necessary for the guidance of public officials; and,
32
33 WHEREAS, the city seeks to provide further direction to the public officials and
34 employees relating to the city's code of conduct which provide the behavioral standards for all
35 public officials; and
36
37 WHEREAS, the Mayor and City Commission desire to amend the city's ethics code to
38 provide additional direction to board members relating to a proper code of conduct in order to
39 ensure the proper operation of democratic government.
40
41 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
42 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
43
44 Section 1. Chapter 8A of the City Code is amended as follows:
45
46 Sec. 8A -1. Conflict of interest and code of ethics ordinance.
Additions shown by underlining and deletions shown by ever - g
Page 1 of 19
2
3 Sec. 8A -2. Code of conduct for all elected officials and board members.
4
5 (a) Declaration of policy. High moral and ethical standards among public officials, both
6 elected and appointed, and public employees are essential to gain and maintain the confidence of
7 the public because such confidence is essential to the conduct of free government. They are the
8 agents of the people and hold their positions for the benefit of the people. The proper operation
9 of democratic government requires of public officials that they be independent and impartial
10 when establishing policy and that their positions never be used for personal gain. A code of
11 ethical conduct is necessary for the guidance of all public officials (elected and appointed),
12 beyond that which is provided for under section 8A -1, above.
13
14 All elected and appointed officials, City employees, and others who participate in the City's
15 government are required to subscribe to this Code, understand how it applies to their specific
16 responsibilities and practice the eight core values in their work. Because the city seeks public
17 confidence in the City's services and public trust of its decision - makers, the city's decisions and
18 work must meet the most demanding ethical standards and demonstrate the highest levels of
19 achievement in following this code.
20
21 (b) Minimum Standards. The City Charter provides detailed information on the roles and
22 responsibilities of commissioners, the Vice Mayor, and the Mayor. The City's Code of Ethics
23 provides guidance on ethical. issues and questions of a conflict of interest. Until now, what
24 has not been clearly written down is a Code of Conduct for all the city's public officials (elected
25 and appointed) and its employees. This Code of Conduct is designed to describe the manner
26 in which public officials should treat one another, city staff, constituents, and others they
27 come into contact with in representing the City of South Miami.
28
29 The constant and consistent theme through all of the conduct guidelines is "respect." Public
30 officials experience huge workloads and tremendous stress in making decisions that could
31 impact thousands of lives. Despite these pressures, elected officials are called upon to
32 exhibit appropriate behavior at all times. Demonstrating respect for each individual through
33 words and actions is the touchstone that can help glide public officials to do the right thing
34 in even the most difficult situations. The city's code of conduct includes the following
35 minimum standards, and is further expounded below as to the mechanism for achieving
36 these goals:
37
38 1. uphold the U.S. and Florida Constitutions, laws and regulations of the United States
39 the State of Florida, and the City of South Miami, and never knowingly be a party to their
40 evasion.
41
42 2. Put loyalty to the highest moral principles and to the City as a whole above loyalty
43 , to individuals, districts, or particular groups, thus no public official shall put individual
44 concerns or interests before that of the city and the city's code of ordinances, before,
45 during or after making a recommendation or a decision on a pending application.
46
Additions shown by underlining and deletions shown by everstrik-ieg
Page 2 of 19
2
3
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
3. Give a full measure of effort and service to the position of trust for which
stewardship has been granted by giving earnest effort and best thought to the performance
of duties, and compliance with the city's code of ordinances.
4. Seek to find and use the most equitable, efficient, effective and economical means
for getting tasks accomplished, and not unnecessarily burdening staff with time consuming,
unnecessary or frivolous requests related to a personal concerns or individual points of
view.
5. Adopt policies (and programs as applicable) that support the rights and recognize
the needs of all citizens regardless of race, sex, age, religion, creed, country of origin or
disability. Avoid adopting policies (or supporting programs) or engaging in activities that
discriminate against or offend individuals because of race, sex, age, religion, creed, country
of origin or disability.
6. Ensure the integrity of the actions of each board or the City Commission by
avoiding discrimination through the dispensing of special favors unfair privileges to
anyone, whether for remuneration or not. Comply with applicable Ethics Code.
7. Make no private promises of any kind binding upon the duties or any office, since a
public official is a public servant, and has no private work which can be binding on public
duty. No appointed public official shall advocate, lobby, or take any action involving the
community or the city commission on an item that has been considered or is to be heard by
that appointed public official advisory board or committee. The appointed advisory board
or committee, as a whole, shall issue a recommendation in its official capacity to the city
commission. The individual appointed board or committee members, shall not advocate to
the public, or appear before the city commission a position on an item upon which they
have voted, as doing so would provide an appearance of undue influence and improper
conduct. An appointed public official may, appear before the city commission if
specifically invited by the commission to do so.
8. Never use any information gained confidentially in the performance of
governmental duties as a means of making private profit.
9. Expose through appropriate means and channels, corruption, misconduct or neglect
of duty whenever discovered.
10. Adhere to the principle that the public's business should be conducted in the
Sunshine and following the letter and spirit of the Sunshine law by using closed meetings
only to deal with certain legal and labor matters as provided under Florida law.
11. Avoid using the position of public trust to gain access to the media or the dais for
the purposes of criticizing colleagues, other public officials, citizens or staff, impugning
their integrity or vilifying their personal beliefs.
Additions shown by underlining and deletions shown by ever -s r'ng
Page 3 of 19
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
12. Make sure, when responding to the media, or to public comments, that a clear
distinction is made between personal opinion or belief and a decision made by the
applicable board or City Commission.
13. Pledge to honor and uphold these principles, ever conscious that public office
(whether appointed or elected) is a public trust.
14. Failure to adhere to this provision shall result in the removal of the appointed public
official.
(c) Overview of Roles & Responsibilities.
(1) MAYOR: Acts as the official head of the City for all ceremonial purposes; Chairs
Commission meetings; Calls for special meetings; Recognized as spokesperson for the
City; Makes judgment calls on proclamations; Recommends subcommittees as
appropriate for Commission approval; Serves as the liaison between the Commission and
the City Manager and City Attorney in regards to employee relations; Leads the
Commission into an effective, cohesive working team; Signs documents on behalf of the
City; and Serves as official delegate of the City to the Florida League of Cities and other
events and conferences.
(2) VICE MAYOR: Performs the duties of the Mayor if the Mayor is absent or
disabled; Chairs Commission meetings at the request of the Mayor; Represents the City
at ceremonial functions at the request of the Mayor.
(3) ALL COMMISSIONERS: All members of the City Commission, including those
serving as Mayor and Vice Mayor, have equal votes. No Commissioner has more power
than any other Commissioner, and. all should be treated with equal respect. This same
rule applies to all public officials on any elected or appointed board.
(4) ALL PUBLIC OFFICIALS should fully participate in City Commission meetings
and other public forums while demonstrating respect, kindness, consideration, and
courtesy to others; Prepare in advance of Commission meetings and be familiar with
issues on the agenda; Represent the City at ceremonial functions at the request of the
Mayor; Place activities and events on the Commission's weekly activities calendar that
invite official participation of all public officials. A list of the activities of individual
public officials may also be submitted for public record at the option of the
Commissioner; Be respectful of other people's time; Stay focused and act efficiently
during public meetings; Serve as a model of leadership and civility to the community;
Inspire public confidence in South Miami government Provide contact information with
the City Manager and City Clerk in case an emergency or urgent situation arises while
the Commissioner is out of town; Demonstrate honesty and integrity in every action and
statement; and Participate in scheduled activities to increase team effectiveness and
review Commission procedures, such as this Code of Conduct.
Additions shown by underlinir!g and deletions shown by ever -str41
Page 4 of 19
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
(5) MEETING CHAIR: The Mayor will chair official meetings of the City
Commission, unless the Vice Mayor or another Commissioner is designated as Chair of a
specific meeting. Meeting Chair maintains order, decorum, and the fair and equitable
treatment of all speakers; Keeps discussion and questions focused on specific agenda
item under consideration; and Makes parliamentary rulings with advice, if requested,
from the City Attorney who acts as an advisory parliamentarian. Chair rulings may be
overturned if a Commissioner makes a motion as an individual and the majority of the
Commission votes to overrule the Chair. This rules of decorum supplement and
enhance the city's meeting procedures ordinance found at chapter 2, of the city's code of
ordinances.
(6) FORMER PUBLIC OFFICIALS: Past members of the City Commission who
speak to the current City Commission about a pending issue should disclose who
they are speaking on behalf of (individual or organization) and ensure compliance
with the city's and Miami -Dade County Conflict of Interest and Ethics Codes.`
(d) - Policies & Protocol Related To Conduct.
(1) Ceremonial Events: Requests for a City representative at ceremonial events will
be handled by City staff. The Mayor will ,serve as the designated City representative.
If the Mayor is unavailable, then City staff will determine if event organizers would
like another representative from the Commission. If yes, then the Mayor will
recommend which Commissioner should be asked to serve as a substitute.
Invitations received at City Hall are presumed to be for official City representation.
Invitations- addressed to Public officials at their homes are presumed to be for
unofficial, personal consideration..
(2) Correspondence Signatures: Public officials do not need to acknowledge the
receipt of correspondence, or copies of correspondence, during Commission meetings.
City staff will prepare official letters in response to public inquiries and concerns. These
letters will carry the signature of the Mayor unless the Mayor requests that they be signed
by another Commissioner or City staff person. If correspondence is addressed only to
one Commissioner, that Commissioner should check with staff on the best way to
respond to the sender. If a correspondence is addressed to an appointed public
official (board member), a similar process shall be adhered to, in which the either
the chair shall issue a response to the correspondence, if deemed appropriate.
Additionally, at all times, the pubic officials, whether elected or appointed, will
make sure to comply with the City's quasi - judicial procedures, comply with the
Jennings Rule, and ensure compliance with the state's sunshine laws.
(3) Endorsement of Candidates: Public officials have the right to endorse candidates
for all Commission seats or other elected offices. It is inappropriate to mention
endorsements during Commission meetings or other official City meetings.
(4) Intergovernmental Relations: The Commission may hold a quarterly meeting on
intergovernmental relations (IGR) to assign specific public officials to take a leadership
Additions shown by underlinirM and deletions shown by eve c rg.
Page 5 of 19
1
2
3
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
role on new issues and to hear updates on pending issues. A Chair for each
Commission Subcommittee should be selected at the first meeting of the Subcommittee
after the IGR assignments are made.
(5) Non - agenda Items: During a designated period of the agenda, citizens, public
officials and staff may bring forth issues or questions that are not on the meeting's
agenda. Topics should be legislative items requiring action by the Mayor, or the
Commission, study issues for future consideration, and requests for information. Each
speaker, citizen or elected official, will be limited to five minutes. Similar rules should
be applied by the chair and board members of the individual boards of the City. No
quasi-judicial item may be discussed during an agenda, unless the item to be discussed is
a procedural question related to the quasi-judicial item, or during the actual public
hearing on the quasi-judicial item, with the applicant present. Furthermore, no discussion
by the citizens shall be discussed after a public hearing on the quasi-judicial matter, until
the appeal period has expired and no appeal has been filed with the appropriate authority.
This safeguard shall ensure the integrity of the hearing process and ensure proper due
process is provided to any applicant, should an appeal be taken and the matter remanded
back to the city commission.
(6) Public Announcements in Commission Meetings: Public officials who want to
speak first during the Public Announcement portion of the Commission meeting should
notify the Chair in advance. Otherwise, Public officials will be recognized when the
Chair notices the light signal. Public officials like members of the public who use this
portion of the agenda to recognize achievements or promote an event, will be limited to
five minutes each, and should keep the focus on matters of community -wide interest.
(7) Public Meeting Hearing Protocol: The applicant or appellant shall have the right
to speak first. The Chair will determine the length of time allowed for this presentation.
Speakers representing either pro or con points of view will be allowed to follow. The
Chair will determine how much time will be allowed for each speaker, with 3 to 5
minutes the standard time granted. The applicant or appellant will be allowed to make
closing comments. The Chair has the responsibility to run an efficient public meeting and
has the discretion to modify the public hearing process in order to make the meeting
run smoothly.
Public officials will not express opinions during the public hearing portion of the
meeting except to ask pertinent questions of the speaker or staff. "I think" and "I
feel" comments by public officials are not appropriate until after the close of the
public hearing. Public officials should refrain from arguing or debating with the
public during a public hearing and shall always show respect for different points of
view. Public officials should avoid during public meetings and during the
performance of public duties the use of abusive, threatening or intimidating
language or gestures directed at colleagues, other public officials, citizens or
personnel.
Main motions may be followed by amendments, followed by substitute motions.
Additions shown by underlining and deletions shown by ever - striking.
]Page 6 of 19
I Any Commission member can call for a point of order. Only Public officials who
2 voted on the prevailing side may make motions to reconsider. Public officials who
3 desire to make the first motion on issues which they feel strongly about should
4 discuss their intention with the Chair in advance of the Commission meeting.
5
6 (e) Commission Conduct with One Another.
7
8 Commissions and City Boards are composed of individuals with a wide variety of
9 backgrounds, personalities, values, opinions, and goals. Despite this diversity, all have
10 chosen to serve in public office in order to preserve and protect the present and the future
11 of the community. In all cases, this common goal should be acknowledged even as
12 individual Commissioners or Board Members may "agree to disagree" on contentious
13 issues.
14
15 (1) IN PUBLIC MEETINGS.
16
17 (A) Use formal titles: The public officials (Commissioners or Board
18 Members) should refer to one another formally during public meetings by their
19 official titles followed by the individual's last name.
20
21 (B) All public officials shall practice civility and decorum in discussions and
22 debate. Difficult questions, tough challenges to a particular point of view, and
23 criticism of ideas and information are legitimate elements of a free democracy
24 in action. This does not allow, however, public officials to make belligerent,
25 personal, impertinent, slanderous, threatening, abusive, or disparaging comments.
26 No shouting or physical actions that could be construed as threatening will be
27 tolerated.
28
29 (C) All public officials should honor the role of the Chair in maintaining
30 order. It is the responsibility of the Chair to keep the comments of public
31 officials on track during public meetings. Public officials should honor
32 efforts by the Chair to focus discussion on current agenda items. If there is
33 disagreement about the agenda or the Chair's actions, those objections should
34 be voiced politely and with reason, following procedures outlined in
35 parliamentary procedure.
36
37 (D) Avoid personal comments that could offend other public officials. If an
38 individual public official on the Commission or Board is personally offended by
39 the remarks of another public official, the offended public official should make
40 notes of the actual words used and call for a "point of personal privilege" that
41 challenges the other public official to justify or apologize for the language used.
42 The Chair will maintain control of this discussion.
43
44 (E) Demonstrate effective problem - solving approaches: Public officials
45 have a public stage to show how individuals with disparate points of view can
46 find common ground and seek a compromise that benefits the community as
Additions shown by underlining and deletions shown by ever-striking.
Page 7 of 19
l
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
a whole.
(2) IN PRIVATE ENCOUNTERS
(A) Public Officials should continue respectful behavior in private. Even in
compliance with the state's public meetings laws and "Government in the
Sunshine" there may be times when public officials meet in private. The same
level of respect and consideration of differing points of view that is deemed
appropriate for public discussions should be maintained in private conversations.
(B) Public Officials should be aware of the insecurity of written notes,
voicemail messages, and e-mail. Technology allows words written or said
without much forethought to be distributed wide and far. Would you feel
comfortable to have this note faxed to others? How would you feel if this
voicemail message were played on a speaker phone in a full office? What would
happen if this E -mail message were forwarded to others? Written notes,
voicemail messages and e-mail should be treated as potentially "public"
communication.
(C) Even private conversations can have a public presence. Public officials
are always on display - their actions, mannerisms, and language are monitored by
people around them that they may not know. Lunch table conversations will be
eavesdropped upon, parking lot debates will be watched, and casual comments
between individuals before and after public meetings noted.
(f) Public Official Conduct with City Staff.
Governance of a City relies on the cooperative efforts of all elected and appointed public
officials. The City Commission sets policy, and City staff who implements and administers
the Commission's policies. The city manager is to implement policies and the city
commission is to refrain from interfering with the implementation by the administration.
Therefore, every effort should be made by the elected and appointed public officials to be
cooperative and show mutual respect for the contributions made by each individual for the
good of the community. In order to allow proper governance and to ensure non-
interference with the manager's application or implementation of the city commission's
policies, it is prudent to provide guidance to public officials related to public official
conduct with city staff.
Public officials should treat all staff as professionals with clear, honest communication that
respects the abilities, experience, and dignity, of each individual is expected. Public
officials should maintain an attitude of courtesy and consideration toward all colleagues,
public officials and staff during all discussions and deliberations. Poor behavior by public
officials towards staff is not acceptable.
(1) Public officials questions /inquiries to City staff:
Additions shown by underlining and deletions shown by ever-striking
Page 8 of 19
I (A) General public official communications with City staff should be limited
2 to normal City business hours unless the circumstances warrant otherwise.
3 Responses to public official questions posed outside of normal business hours
4 should be expected no earlier than the next business day.
5
6 (B) Routine Requests for Information and Inquiries. Public officials may
7 contact staff directly for information made readily available to the general public
8 on a regular basis (e.g., "What are the library's hours of operation ? "). Under these
9 circumstances staff shall treat the public official no differently than they would
10 the general public, and the public official shall not use his/her /their elected status
11 to secure preferential treatment. The City Manager does not need to be advised of
12 such contacts.
13
14 (C) Non - Routine Requests for Readily Available Information. A public
15 official may also contact staff directly for easily retrievable information not
16 routinely requested by the general public so long as it does not require staff to
17 discuss the issue or express an opinion (e.g., "How many traffic lights are there in
18 the City ? ").
19
20 (D) Non - Routine Requests Requiring Special Effort. Any Public official
21 request or inquiry that requires staff to compile information that is not readily
22 available or easily retrievable and/or that requests staff to express an opinion (legal
23 or otherwise) must be directed to the City Manager, or to the City Attorney, as
24 appropriate (e.g., "How many Study Issues completed over the past five years
25 have required 500 or more hours of staff time ? ", or "What is the logic behind the
26 City's sign ordinances affecting businesses along El Camino Real? '). The City
27 Manager (or City Attorney as appropriate) shall be responsible for distributing
28 such requests to his/her staff for follow -up. Responses to such requests shall be
29 copied to all public officials on the board, the City Manager, the City Attorney as
30 appropriate and affected Department Heads.
31
32 (D) Meeting Requests. Any Public official request for a meeting with staff
33 must be directed to the City Manager or City Attorney, as appropriate. When in
34 doubt about the appropriateness of a communication with staff, public officials
35 shall ask the City Manager for advice.
36
37 (E) Public Safety Restrictions. Under certain circumstances, requests for
38 information regarding operations or personnel of the Department of Public Safety
39 may be legally restricted under state law to protect minors, certain victims and
40 law enforcement officers and their investigations. Accordingly, it shall be the
41 policy of the City of South Miami to strictly comply with all applicable legal
42 authorities governing the release of Public Safety information and records.
43
44 (2) Do not disrupt City staff from their jobs. Public officials should not disrupt
45 City staff while they are in meetings, on the phone, or engrossed in performing their
46 job functions in order to have their individual needs met.
Additions shown by underlining and deletions shown by °v°riag.
Page 9 of 19
I
2 (3) Never publicly criticize an individual employee. Public officials should never
3 express concerns about the performance of a City employee in public, to the employee
4 directly, or to the employee's manager. Comments about staff performance should only
5 be made to the City Manager through private correspondence or conversation. Comments
6 about staff in the office of the City Attorney should be made directly to the City
7 Attorney.
8
9 (4) Do not get involved in administrative functions. Public officials must not attempt
10 to influence City staff on the making of appointments, awarding of contracts, selecting of
11 consultants, processing of development applications, or granting of City licenses and
12 permits. [See Code of Ethics].
13
14 (5) Public officials are to check with City staff on correspondence before taking
15 action Before sending correspondence, public officials should check with City staff
16 to see if an official City response has already been sent or is in progress.
17
18 (6) Do not attend meetings with City staff unless requested by staff. Even if the
19 public official does not say anything, the public official's presence implies support,
20 shows partiality, intimidates staff, and hampers staffs ability to do their job
21 objectively.
22
23 (7) Public officials should limit requests for staff support. Routine secretarial support
24 will be provided to all public officials. The City Clerk opens all mail for all public
25 officials, unless a public official requests other arrangements. Mail addressed to the
26 Mayor is reviewed first by the City Manager who notes suggested action and /or
27 follow -up items. The same procedure should be followed for all other public
28 officials.
29
30 (8) Requests for additional staff support — even in high priority or emergency
31 situations — should be made to the City Manager who is responsible for allocating City
32 resources in order to maintain a professional, well- maintained City government.
33
34 (9) Do not solicit political support from staff. Public officials should not solicit any
35 type of political support (financial contributions, display of posters or lawn signs, name
36 on support list, etc.) from City staff. City staff may, as private citizens with constitutional
37 rights, support political candidates but all such activities must be done away from the
38 workplace.
39
40 (g) Commission Conduct with The Public.
41
42 (1) IN PUBLIC MEETINGS
43
44 (A) Making the public :feel welcome is an important part of the democratic
45 process.. No signs of partiality, prejudice or disrespect should be evident on
46 the part of individual public officials toward an individual participating in a
Additions shown by underlining and deletions shown by ever-striking.
Page 10 of 19
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
public forum. Every effort should be made to be fair and impartial in
listening to public testimony.
(B) Be welcoming to speakers and treat them with care and gentleness. The
way that public officials treat people during public hearings can do a lot to make
them relax or to push their emotions to a higher level of intensity. Public
officials should be fair and equitable in allocating public hearing time to
individual speakers. The Chair will determine and announce limits on
speakers at the start of the public hearing process. Generally, each speaker
will be allocated five- minutes with applicants and appellants or their
designated representatives allowed more time. If many speakers are
anticipated, the Chair may shorten the time limit and /or ask speakers to limit
themselves to new information and points of view not already covered by
previous speakers. No speaker will be turned away unless he or she exhibits
inappropriate behavior. Each speaker may only speak once during the public
comment or public hearing item, unless the Commission requests additional
clarification later in the process. After the close of the public hearing, no
more public testimony will be accepted unless the Chair reopens the public
hearing for a limited and specific purpose.
Appropriate behavior by the public speaker (citizens at large) shall mean:
the practice of civility and respect while speaking during public comments or
during a public hearing. Difficult questions, tough challenges to a particular point
of view, and criticism of ideas and information are legitimate elements of a free
democracy in action. However, the public speaker should refrain from making
belligerent, personal, impertinent, slanderous, threatening, abusive, or disparaging
comments. No shouting or physical actions that could be construed as threatening
will be tolerated. The public speaker should avoid personal comments that could
personally offend the public official or community at large.
(C) Give the appearance of active listening. It is disconcerting to speakers
to have public officials not look at them when they are speaking. It is fine to
look down at documents or to make notes, but reading for a long period of
time gazing around the room gives the appearance of disinterest. Be aware of
facial expressions, especially those that could be interpreted as "smirking,"
disbelief, anger or boredom.
(D) Ask for clarification, but avoid debate and argument with the public.
Only the Chair— not individual public officials -- can interrupt a speaker
during a presentation. However, a public official can ask the Chair for a point of
order if the speaker is off the topic or exhibiting behavior or language the public
official finds disturbing. If speakers become flustered or defensive by A public
official's questions, it is the responsibility of the Chair to calm and focus the
speaker and to maintain the order and decorum of the meeting. Questions by
public officials to members of the public testifying should seek to clarify or
expand information. It is never appropriate to belligerently challenge or belittle
Additions shown by underlining and deletions shown by a..°�l
Page 11 of 19
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
(h)
the speaker. Public officials' personal opinions or inclinations about upcoming
votes should not be revealed until after the public hearing is closed.
(F) No personal attacks of any kind, under any circumstance. Public officials
should be aware that their body language and tone of voice, as well as the words
they use, can appear to be intimidating or aggressive. This same standard should
apply to the public speakers as well as the public officials. No public official
appointed to an advisory board or committee shall speak to the city commission
on an item upon which they have deliberated. This shall ensure the integrity of
the process, and allow the city commission to obtain the advisory
recommendation of that committee and board, and not the individual interests of a
member(s) of the board or committee. A commissioner may move to request
removal, should the presiding officer not order removal.
(G) Follow parliamentary procedure in conducting public meetings. The
City Attorney serves as advisory parliamentarian for the City and is available
to answer questions or interpret situations according to parliamentary
procedures. The Chair, subject to the appeal of the full body makes final
rulings on parliamentary procedure.
(2) IN UNOFFICIAL SETTINGS
(A) Make no promises on behalf of the entire body. Public officials will
frequently be asked to explain an action of the body or to give their opinion about
an issue as they meet and talk with constituents in the community. It is
appropriate to give a brief overview of City policy and to refer to City staff for
further information. It is inappropriate to overtly or implicitly promise action by
the body, or to promise City staff will do something specific (fix a pothole,
remove a library book, plant new flowers in the median, etc.).
(B) Make no personal comments about other public officials It is acceptable to
publicly disagree about an issue, but it is unacceptable to make derogatory
comments about other public officials, their opinions and actions.
(C) Remember that South Miami is a small town at heart. Public officials are
constantly being observed by the community every day that they serve in office.
Their behaviors and comments serve as models for proper deportment in the City
of South Miami. Honesty and respect for the dignity of each individual should be
reflected in every word and action taken by public officials, 24 hours a day,
seven days a week. It is a serious and continuous responsibility.
Commission Conduct with Other Public Agencies.
(1) Public officials should be clear about representing the city, a board of the city or
personal interests. If a public official appears before another governmental agency or
organization to give a statement on an issue, the public official must clearly state: 1) if his
Additions shown by underlining and deletions shown by ever-striking.
F'age 12 of 19
I or her statement reflects personal opinion or is the official stance of the City; 2) whether
2 this is the majority or minority opinion of the body s/he represents. If the public official
3 is representing the City, the Public official must support and advocate the official
4 City position on an issue, not a personal viewpoint.
5
6 If the Public official is representing another organization whose position is different
7 from the City, the public official should withdraw from voting on the issue if it
8 significantly impacts or is detrimental to the City's interest. Public officials should
9 be clear about which organizations they represent and inform the Mayor and
10 Commission of their involvement.
11
12 (2) Correspondence also should be equally clear about representation. City letterhead
13 may be used when the public official is representing the City and the City's official
14 position. A copy of official correspondence should be given to the City Clerk to be filed
15 in the Commission Office as part of the permanent public record. It is best that City
16 letterhead not be used for correspondence of public officials representing a personal
17 point of view or a dissenting point of view from an official city commission or city
18 board position. However, should public officials use City letterhead to express a
19 personal opinion, the official City position must be stated clearly so the reader
20 understands the difference between the official City position and the minor viewpoint
21 of the public official.
22
23 (i) Commission Conduct With Boards and Commissions.
24
25 The City has established the city commission and several advisory boards as a means of
26 gathering more community input. Citizens who serve on Boards become more involved in
27 government and serve as advisors to the City Commission. They are a valuable resource to the
28 City's leadership and should be treated with appreciation and respect. If the member of the city
29 commission or an advisory board attends a different board or commission meeting, be careful to
30 only express personal opinions, and to not express an opinion on an item upon which a
31 recommendation has been made. This ensures the integrity of the process and ensures that there
32 is no undue influence or bias by the committee member(s) or advisory board members on the
33 specific item. Public officials may generally attend any board or commission meeting, which are
34 always open to any member of the public. There are specific exceptions in the case of quasi -
35 judicial proceedings. If in doubt, the public official should seek guidance from the city
36 attorney's office. However, public officials should be sensitive to the way their participation
37 especially if it is on behalf of an individual, business or developer -- could be viewed as unfairly
38 affecting the process. It is recommended that no Any public comments by a public official at a
39 different board's or the city commission meeting to which the advisory board or committee's
40 recommendation is presented, be made related to an item upon which that public official has
41 voted or issued an advisory opinion regarding.
42
43 (1) Limit contact with Board and Commission members to questions of clarification
44 It is inappropriate for a public official to contact a board or commission member to lobby
45 on behalf of an individual, business, or developer. See the city's code of Ethics and
46 lobbying code. Nor is acceptable for Public officials to contact board or commission
Additions shown by underlinin and deletions shown by ever-stfiking
Page 13 of 19
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
members in order to clarify a position taken by the Board or Commission. Any such
contact should be hand in compliance with the state's Sunshine requirements.
(2) Remember that boards and commissions serve the community, not individual
public officials. The City Commission appoints individuals (appointed public officials)
to serve on Boards and it is the responsibility of boards to follow policy established by
the City Commission. But the board members do not report to the individual City
Commissioners. No public official (whether on the city commission or any advisory
board) feel they have the power or right to threaten any other board and /or commission
member. Appointment and re- appointment to a Board should be based on such criteria as
expertise, ability to work with staff and the public, commitment to fulfilling official
duties, and compliance with the Code of Conduct and Code of Ethics. A board
appointment should not be used as a political "reward." Failure to adhere to this code, by
any appointed public official shall result in removal from the advisory board or
committee.
(3) Be respectful of diverse opinions. A primary role of the various advisory boards
and the City Commission is to represent many points of view in the community. Boards
are to provide the Commission with advice, in their official roles as members of an
advisory board. or committee, and the board or committee provides advise based on a full
spectrum of concerns and perspectives. No discriminatory comments or derogatory
remarks shall be acceptable. No jest made to the detriment of any recognized group
(religious, ethic, national origin, gender, age, or racial) shall be considered appropriate
humor. Some public officials may have a closer working relationship with some other
public officials /individuals serving on advisory boards. However, all public officials but
must be fair and respectful of all the other citizens serving as public officials.
(4) Keep political support away from public forums. Public officials may offer
political support to a public official, but not in a public forum while conducting official
duties. Conversely, public officials may support other public officials who are
running for office, but not in an official forum in their capacity as a public official.
(5) Inappropriate behavior can lead to removal. Inappropriate behavior by a public
official should be noted to the Mayor, and the Mayor should counsel the offending
member. If inappropriate behavior continues, the Mayor should bring the situation to
the attention of the entire City Commission and the individual shall be subject to
removal from the applicable advisory board or committee..
(j) Commission Conduct with The Media.
Commissioners are frequently contacted by the media for background and quotes. The best
advice for dealing with the media is to never go "off the record." Most members of the media
represent the highest levels of journalistic integrity and ethics, and can be trusted to keep their
word. But one bad experience can be catastrophic. Words that are not said cannot be quoted.
The Mayor is the official spokesperson and representative of the City's position. The Mayor is
the designated representative of the Commission to present and speak on the official City
Additions shown by underlinin and deletions shown by evefstriking.
Page 14 of 19
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
position. If an individual public official is contacted by the media, the public official should be
clear about whether their comments represent the official City position or a personal viewpoint.
The public official should choose words carefully and cautiously. Comments taken out of
context can cause problems. Be especially cautious about humor, sardonic asides, sarcasm, or
word play. It is never appropriate to use personal slurs or swear words when talking with the
media.
(k) Sanctions.
(1) Public Disruption. Members of the public who do not follow proper conduct after a
warning in a public hearing shall be barred from :further testimony at that meeting or removed
from the Commission Chambers. A second offense within a six month period shall result in
removal from the commission chambers and city hall for a 30 day period. Each offense
thereafter shall result in an additional 30 day banning of the public speaker from city hall.
(2) Inappropriate Staff Behavior. Public officials should refer to the City Manager any City
staff or to the City Attorney any City Attorney's staff who do not follow proper conduct in
their dealings with Commissioners, board members, other City staff, or the public. These
employees may be disciplined in accordance with standard City procedures for such
actions. (Please refer to the section on Commission Conduct with City Staff for more
details on interaction with Staff).
(3) Public Officials Behavior and Conduct. Public officials who intentionally and repeatedly
do not follow proper conduct may be reprimanded or formally censured by the Commission,
lose seniority or committee assignments. Serious infractions of the Code of Ethics or Code of
Conduct could lead to other sanctions as deemed appropriate by Commission and as provided
under law. Failure of an appointed public official to comply with the city's, county's and
state's ethics codes shall result in removal of the public official.
(4) Relation to Ethics Code. Public officials should point out to the offending public official
infractions of the Code of Ethics or Code of Conduct. If the offenses continue, then the matter
should be referred to the Mayor in private. If the Mayor is the individual whose actions are being
challenged, then the matter should be referred to the Vice Mayor. It is the responsibility of the
Mayor to initiate action if a public official's behavior may warrant sanction. If no action is
taken by the Mayor, the alleged violation(s) can be brought up with the full Commission in
a public meeting. If violation of the Code of Ethics or Code of Conduct is outside of the
observed behaviors by the Mayor or Public officials, the alleged violation should be
referred to the Mayor. The Mayor should ask the City Manager and /or the City Attorney to
investigate the allegation and report the findings to the Mayor. It is the Mayor's
responsibility to take the next appropriate action. These actions can include, but are not
limited to: discussing and counseling the individual on the violations; recommending
sanction to the full Commission to consider in a public meeting; or forming a Commission
ad hoc subcommittee to review the allegation; the investigation and its findings, as well as
to recommend sanction options for Commission consideration. Videotaping of the complaint
hearing should be used for a Commission ad hoc subcommittee.
Additions shown by underlining and deletions shown by ever-striking.
Page 15 of 19
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
(5) Appointed Public Officials. Violation of this code by an appointed public official,
for a first offense, shall result in sanctions, which sanctions may include removal of the
appointed public official from the advisory board or committee. A second violation of this
code by an appointed public official shall result in removal of that appointed public official
from the advisory board or committee. Upon a finding of a violation of an applicable Ethics
Code (State, county, city), or this Code of Conduct, which violation of the Code of Conduct
results in the removal of that appointed public official from the advisory board or committee, the
former appointed public official shall be precluded from appointment on any other city board or
committee for a two year period.
(1) Principles of Proper Conduct.
(1) Proper conduct IS ...
(A) Keeping promises
(B) Being dependable
(C) Building a solid reputation
(D) Participating and being available
(E) Demonstrating patience
(F) Showing empathy
(G) Holding onto ethical principles under stress
(H) Listening attentively
(I) Studying thoroughly
(J) Keeping integrity intact
(K) Overcoming discouragement
(L) Going above and beyond, time and time again
(M) Modeling a professional manner
(2) Proper conduct IS NOT ...
(A) Showing antagonism or hostility
(B) Deliberately lying or misleading
Additions shown by underlining and deletions shown by evero :
Page 16 of 19
1
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
(C) Speaking recklessly and making defamatory or degrading remarks
(D) Spreading rumors
(E) Stirring up bad feelings, divisiveness
(F) Acting in a self - righteous manner
It all comes down to respect. Respect for one another as individuals .. respect for the validity
of different opinions . respect for the democratic process ... respect for the Community that
the City serves.
(m). Checklist for Monitoring Conduct
❑ Will my decision/statement /action violate the trust, rights or good will of others?
❑ What are my interior motives and the spirit behind my actions?
❑ If I have to justify my conduct in public tomorrow, will I do so with pride or shame?
❑ How would my conduct be evaluated by people whose integrity and character I respect?
❑ Even if my conduct is not illegal or unethical, is it done at someone else's painful
expense? Will it destroy their trust in me? Will it harm their reputation?
❑ Is my conduct fair? Just? Morally right?
❑ If I were on the receiving end of my conduct, would I approve and agree, or would I
take offense?
❑ Does my conduct give others reason to trust or distrust me?
❑ Am I willing to take an ethical stand. when it is called for? Am I willing to make my
ethical beliefs public in a way that makes it clear what I stand for?
❑ Do I exhibit the same conduct in my private life as I do in my public life?
❑ Can I take legitimate pride in the way I conduct myself and the example I set?
❑ Do I listen and understand the views of others?
❑ Do I question and confront different points of view in a constructive manner?
❑ Do I work to resolve differences and come to mutual agreement?
❑ Do I support others and show respect for their ideas?
❑ Will my conduct cause public embarrassment to someone else?
(n). Glossary of Terms. Below is a list of relevant terms with their associated meaning.
These terms shall apply in interpreting this code and shall be considered the minimum
definition. If there is a conflict between these terms and Roberts' Rules of Order, the terms
and definitions outlined below shall prevail.
Attitude: The manner in which one shows one's dispositions, opinions, and feelings
Behavior: External appearance or action; manner of behaving; carriage of oneself
Civility: Politeness, consideration, courtesy
Conduct: The way one acts; personal behavior
Additions shown by underlining and deletions shown by e ng.
Page 17 of 19
1
2 Courtesy: 'Politeness connected with kindness
3
4 Decorum: Suitable; proper; good taste in behavior
5
6 Manners: Away of acting; a style, method, or form; the way in which thing are done
7
8 Point of order: An interruption of a meeting to question whether rules or bylaws are being
9 broken, such as the speaker has strayed from the motion currently under consideration
10
I I Point of personal privilege: A challenge to a speaker to defend or apologize for comments
12 that a fellow Councilmember considers offensive
13
14 Propriety: Conforming to acceptable standards of behavior
15
16 Protocol: The courtesies that are established as proper and correct
17
18 Public Official. Means any appointed or elected official and specifically includes the
19 Mayor and City Commission, ERPB board members, Planning and Zoning Board Members;
20 Pension Board Members, Parking Committee Members, Budget and Finance Committee
21 Members, etc.
22
23 Respect: The act of noticing with attention; holding in esteem; courteous regard.
24
25 Section 2. If any section, clause, sentence, or phrase of this ordinance is for any
26 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
27 affect the validity of the remaining portions of this ordinance.
28
29 Section 3. All ordinances or parts of ordinances in conflict with the provisions of this
30 ordinance are repealed.
31
32 Section 4. This ordinance shall be codified and included in the Code of Ordinances
33 upon final enactment.
34
35 Section 5. This ordinance shall take effect immediately upon enactment.
36
Additions shown by underliniihg and deletions shown by ever-striking.
Page 18 of 19
1 PASSED AND ADOPTED this _ day of , 2007.
2 —
3
4 ATTEST: APPROVED:
5
6
7 CITY CLERK MAYOR
8
9 1" Reading —
10 2nd Reading —
11
12 COMMISSION VOTE:
13 READ AND APPROVED AS TO FORM: Mayor Feliu:
14 Vice Mayor Wiscombe:
15 Commissioner Birts:
16 Luis R. Figueredo, Commissioner Beckman:
17 Nagin Gallop Figueredo, P.A. Commissioner Palmer:
18 Office of City Attorney
Additions shown by underlining and deletions shown by evefstr-iking
Page 19 of 19