03-06-07 Item 41
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ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CREATING
SECTION 8A OF THE CITY'S CODE OF ORDINANCES ENTITLED
"CODE OF ETHICS" TO INCLUDE SECTION 8A -2, WHICH SECTION
SHALL BE ENTITLED: "CODE OF CONDUCT FOR ALL ELECTED
OFFICIALS AND BOARD MEMBERS "; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE
DATE.
WHEREAS, the Mayor and City Commission of the City of South Miami desire to
maintain the highest moral and ethical standards amongst its elected and appointed officials and
employees; and,
WHEREAS, the city desires to maintain the confidence of the public because such
confidence is essential to the conduct of free government; and,
WHEREAS, elected and appointed officials are the agents of the people and hold their
positions for the benefit of the citizens of South Miami and the South Florida community; and,
WHEREAS, the proper operation of democratic government requires public officials and
employees that they be independent and impartial when establishing policy and that their
positions never be used for personal gain; and,
WHEREAS, the city has adopted its ethics code which is based upon the state ethics
requirements of chapter 112, Florida Statues and the Miami -Dade County code of ethics found at
section 2 -11.1; and,
WHEREAS, the current ethics code relates predominantly to economic or personal gain
a code of ethical conduct is necessary for the guidance of public officials; and,
WHEREAS, the city seeks to provide further direction to the public officials and
employees relating to the city's code of conduct which provide the behavioral standards for all
public officials; and
WHEREAS, the Mayor and City Commission desire to amend the city's ethics code to
provide additional direction to board members relating to a proper code of conduct in order to
ensure the proper operation of democratic government.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Chapter 8A of the City Code is amended as follows:
Sec. 8A -1. Conflict of interest and code of ethics ordinance.
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.Sec. 8A -2. Code of conduct for all elected officials and board members.
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5 (a) Declaration of policy. High moral and ethical standards among public officials, both
6 elected and appointed, and public employees are essential to am and maintain the confidence of
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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.
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14 All elected and appointed officials, City employees, and others who participate in, 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 coder
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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 I 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.
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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 guide 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:
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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.
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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.
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1 3. Give a full measure of effort and service to the position of trust for which
2 stewardship has been granted by giving earnest effort and best thought to the performance
3 of duties, and compliance with the city's code of ordinances.
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5 4. Seek to find and use the most equitable, efficient, effective and economical means
6 for getting tasks accomplished, and not unnecessarily burdening staff with time consuming,
7 unnecessary or frivolous requests related to a personal concerns or individual points of
8 view.
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10 5. Adopt policies (and programs as applicable) that support the rights and recognize
11 the needs of all citizens regardless of race, sex, age, religion, creed, country of origin or
12 disability. Avoid adopting policies (or supporting programs) or engaging in activities that
13 discriminate against or offend individuals because of race, sex, age, religion, creed, country
14 of origin or disability.
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16 6. Ensure the integrity of the ' actions of each board or the City Commission by
17 avoiding discrimination through the dispensing of special favors unfair privileges to
18 anyone, whether for remuneration or not. Comply with applicable Ethics Code.
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20 7. Make no private promises of any kind binding upon the duties or any office, since a
21 public official is a public servant, and has no private work which can be binding on public
22 duty. No appointed public official shall advocate, lobby, or take any action involving the
23 community or the city commission on an item that has been considered or is to be heard by
24 that appointed public official advisory board or committee. The appointed advisory board
25 or committee, as a whole, shall issue a recommendation in its official capacity to the city
26 commission. The individual appointed board or committee members shall not advocate to
27 the public, or appear before the city commission a position on an item upon which they
28 have voted, as doing so would provide an appearance of undue influence and improper
29 conduct. An appointed public official may appear before the city commission if
30 specifically invited by the commission to do so.
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32 8. Never use any information gained confidentially in the performance of
33 governmental duties as a means of making private profit.
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35 9. Expose through appropriate means and channels, corruption, misconduct or neglect
36 of duty whenever discovered.
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38 10. Adhere to the principle that the public's business should be conducted in the
39 Sunshine and following the letter and spirit of the Sunshine law by using closed meetings
40 only to deal with certain legal and labor matters as provided under Florida law.
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42 11. Avoid using the position of public trust to gain access to the media or the dais for
43 the purposes of criticizing colleagues, other public officials, citizens or staff, impugning
44 their integrity or vilifying their personal beliefs.
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(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
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1 role on new issues and to hear updates on pending issues. A Chair for each
2 Commission Subcommittee should be selected at the first meeting of the Subcommittee
3 after the IGR assignments are made.
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5 (5) Non - agenda Items: During a designated period of the agenda, citizens, public
6 officials and staff may bring forth issues or questions that are not on the meeting's
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7 agenda. Topics should be legislative items requiring action by the Mayor, or the
8 Commission, study issues for future consideration, and requests for information. Each
9 speaker, citizen or elected official, will be limited to five minutes. Similar rules should
10 be applied by the chair and board members of the individual boards of the City. No
11 quasi-judicial item may be discussed during an agenda, unless the item to be discussed is
12 a procedural question related to the quasi-judicial item, or during the actual public
13 - hearing on the quasi-judicial item, with the applicant present. Furthermore, no discussion
14 by the citizens shall be discussed after a public hearing on the quasi-judicial matter, until
15 the appeal period has expired and no appeal has been filed with the appropriate authority.
16 ` This safeguard' shall ensure the integrity of the hearing process and ensure proper due
17 process is provided to any applicant,' should an appeal be taken and the matter remanded
18 back to the city commission.
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20 (6) Public Announcements in Commission Meetings: Public officials who want to
21 speak first during the Public Announcement portion of the Commission meeting should
22 notify the Chair in advance. Otherwise, Public officials will be recognized when the
23 Chair notices the light signal. Public officials' like members of the public who use this
24 ` portion of the agenda to recognize achievements or promote an event, will be limited to
25 five minutes each, and'should keep the focus on matters of community -wide interest.'
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27 (7) Public Meeting Hearing Protocol: The applicant or appellant shall have the right
28 to speak first. The Chair will determine the length of time allowed for this presentation.
29 Speakers representing either pro or con points of view will be allowed to follow. The
30 Chair will determine how; much time will be allowed for each speaker, with 3 to 5
31 minutes the standard time granted. The applicant or appellant will be allowed to make
32 closing comments. The Chair has the responsibility to run an efficient public' meeting and
33 has the discretion to modify the public hearing process in order to make the meeting
34 run smoothly.`'
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36 Public officials will not express opinions during the public hearing portion of the
37' meeting except to ask pertinent questions of the speaker or - staff. "I think" and "I
38 feel" comments by public officials are not appropriate until after the close of the
39 public hearing. Public officials should refrain from arguing or debating with the
40 public during a public hearing and shall always show respect for different points of
41 view. Public officials should avoid during' public meetings and . during' the
42 , performance of public duties` the use of abusive, 'threatening or intimidating
43 language or 'gestures directed at colleagues, other public officials, citizens or
44 personnel.
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46` Main motions may be followed by amendments, followed by substitute motions.
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Any Commission member can call for a point of order. Only Public officials who
voted on the prevailing side may make motions to reconsider. Public officials who
desire to make the first motion on issues which they feel strongly about should
discuss their intention with the Chair in advance of the Commission meeting.
(e) Commission Conduct with One Another.
Commissions and City Boards are composed of individuals with a wide variety of
backgrounds, personalities, values, opinions, and goals. Despite this diversity, all have
chosen to serve in public office in order to preserve and protect the present and the future
of the community. In all cases, this common goal should be acknowledged even as
individual Commissioners or Board Members may "agree to disagree" on contentious
issues.
(1) IN PUBLIC MEETINGS.
(A) Use formal titles: The public officials (Commissioners or Board
Members) should refer to one another formally during public meetings by their
official titles followed by the individual's last name.
(B) All public officials shall practice civility and decorum in discussions and
debate. 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. This does not allow, however, public officials to make belligerent,
personal, impertinent, slanderous, threatening, abusive, or disparaging comments.
No shouting or physical actions that could be construed as threatening will be
tolerated.
(C) All public officials should honor the role of the Chair in maintaining
order. It is the responsibility of the Chair to keep the comments of public
officials on track during public meetings. Public officials should honor
efforts by the Chair to focus discussion on current agenda items. If there is
disagreement about the agenda or the Chair's actions, those objections should
be voiced politely and with reason, following procedures outlined in
parliamentary procedure.
(D) Avoid personal comments that could offend other public officials. If an
individual public official on the Commission or Board is personally offended by
the remarks of another public official, the offended public official should make
notes of the actual words used and call for a "point of personal privilege" that
challenges the other public official to justify or apologize for the language used.
The Chair will maintain control of this discussion.
(E) Demonstrate effective problem - solving approaches: Public officials
have a public stage to show how individuals with disparate points of view can
find common ground and seek a compromise that benefits the community as
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1 a whole.
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3 (2) IN PRIVATE ENCOUNTERS.
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5 (A) Public Officials should continue respectful behavior in private. Even in
6 compliance with the state's public meetings laws and "Government in the
7 Sunshine" there may be times when public officials meet in rivate.: The same
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8 level of respect and consideration of differing points of view that is deemed
9 appropriate for public discussions should be maintained in.private conversations.
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11 (B) Public Officials should be aware of the insecurity of written notes,
12 voicemail messages, and e-mail. Technology allows . words writte n or said
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13 without much forethought to be distributed wide and far. Would you feel
14 comfortable to have this note faxed to others? How would you feel if this
15 voicemail message were played on a speaker phone in a full office? What would
16 _ happen if this E -mail message were forwarded to ,' others? Written notes,
17 voicemail messages and e -mail should be treated as potentially "public"
18 communication.
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20 (C) Even private conversations can have a public presence.' Public officials
21 are always on display their actions, mannerisms, and :language are monitored by
22 people around them that they may not know. Lunch table conversations will be
23 eavesdropped upon, parking lot debates will be watched, and casual comments'
24 between individuals before and after public meetings noted.
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26 (f) Public Official Conduct with City Staff.
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28 Governance of `a City relies on the cooperative efforts of all elected and appointed public
29 officials. The City Commission sets policy, and City staff who implements and administers
30 the Commission's policies. The city manager is to implement policies and the city
31, commission is to refrain from interfering with the implementation by the administration.
32 Therefore, every effort should be made by the elected and appointed public officials to be
33 cooperative and show mutual respect for the contributions made by each individual for the
34` good of the community. In order to allow proper governance and to ensure non -
35 interference with the manager's application or implementation of the city commission's
36 policies, it is prudent to provide guidance to public officials related to public official
37` conduct with city staff.
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39 Public officials should treat all staff as professionals with clear, honest communication that
40 respects the abilities, experience, and dignity of each individual is expected. Public
41 officials should maintain an attitude of courtesy and consideration toward all colleagues,
42 public officials and staff during all discussions and deliberations. - Poor behavior by public
43 officials towards staff is not acceptable.
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45 (1) Public officials questions /inquiries to City staff:
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(A) General public official communications with City staff should be limited
to normal City business hours unless the circumstances warrant otherwise.
Responses to public official questions posed outside of normal business hours
should be expected no earlier than the next business day.
(B) Routine Requests for Information and Inquiries. Public officials may
contact staff directly for information made readily available to the general public
on a regular basis (e.g., "What are the library's hours of operation ? "). Under these
circumstances staff shall treat the public official no differently than they would
the general public, and the public official shall not use his/her /their elected status
to secure preferential treatment. The City Manager does not need to be advised of
such contacts.
(C) Non- Routine Requests for Readily Available Information. A public
official may also contact staff directly for easily retrievable information not
routinely requested by the general public so long as it does not require staff to
discuss the issue or express an opinion (e.g., "How many traffic lights are there in
the City ? ").
(D) Non - Routine Requests Requiring Special Effort. Any Public official
request or inquiry that requires staff to compile information that is not readily
available or easily retrievable and/or that requests staff to express an opinion (legal
or otherwise) must be directed to the City Manager, or to the City Attorney, as
appropriate (e.g., "How many Study Issues completed over the past five years
have required 500 or more hours of staff time ? ", or "What is the logic behind the
City's sign ordinances affecting businesses along El Camino Real? '). The City
Manager (or City Attorney as appropriate) shall be responsible for distributing
such requests to his/her staff for follow -up. Responses to such requests shall be
copied to all public officials on the board, the City Manager, the City Attorney as
appropriate and affected Department Heads.
(D) Meeting Requests. Any Public official request for a meeting with staff
must be directed to the City Manager or City Attorney, as appropriate. When in
doubt about the appropriateness of a communication with staff, public officials
shall ask the City Manager for advice.
(E) Public Safety Restrictions. Under certain circumstances, requests for
information regarding operations or personnel of the Department of Public Safety
may be legally restricted under state law to protect minors, certain victims and
law enforcement officers and their investigations. Accordingly, it shall be the
policy of the City of South Miami to strictly comply with all applicable legal
authorities governing the release of Public Safety information and records.
(2) Do not disrupt City staff from their jobs. Public officials should not disrupt
City staff while they are in meetings, on the phone, or engrossed in performing their
job functions in order to have their individual needs met.
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(3) Never publicly criticize an individual employee. 'Public officials should never
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express concerns about the performance of a City employee in public to the employee
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directly, or to the employee's manager.: Comments about staff performance should- only
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be made to the City'Manager through private correspondence or conversation. Comments
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about staff in the office of the City Attorney should be made directly to the City
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Attorney.
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(4) Do not get involved in administrative functions. Public officials must not attempt
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to influence City staff on the making of appointments, awarding of contracts, selecting of
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consultants, processing of 'development applications, or granting of City licenses and
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permits. [See Code of Ethics].
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(5) Public officials are to check with City staff on correspondence - before taking
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action Before sending correspondence, public officials should check with City -staff
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to see if an official City response has already been sent or is in progress.
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(6) Do not attend meetings with ;City staff unless requested by staff. Even if the
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public official does not say anything, the public official's presence implies support,
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shows partiality, ,intimidates staff, and hampers staffs ability to do their job
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objectively.
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(7) Public officials should limit requests for staff support. Routine secretarial support
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will be provided to all public officials. The City Clerk opens ` all mail for all public
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officials, unless a public official requests other arrangements. Mail addressed to the -
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Mayor is reviewed first by the City Manager who notes suggested action and /or
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follow -up items. The same procedure should be followed for all other public
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officials.
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(8) Requests for additional staff support — even in high priority or emergency
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situations — should be made to the City Manager who is responsible for allocating City
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resources in order to maintain a professional, well-maintained City government.
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(9) 'Do not solicit political support from staff. Public officials should not solicit any ,
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of posters' lawn'si signs, name
type of political support (financial contributions, display po s g ,
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on support list, etc.) from City staff. City staff may, as private citizens with constitutional
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rights, support political candidates but all such activities must be done away from the
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workplace.
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40 (g)
Commission Conduct with The Public.
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(1) IN PUBLIC` MEETINGS
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(A) Making the public feel welcome is an important part of the democratic
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process. No signs of partiality, prejudice or disrespect should be evident on
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the part of individual public officials toward an individual participating in a
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public forum. Every effort should be made to be fair and impartial in
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listening to public testimony.
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(B) Be welcoming to speakers and treat them with care and gentleness. The
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way that public officials treat people during public hearings can do a lot to make
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them relax or to push their emotions to a higher. level of intensity. Public
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officials should be fair and equitable in allocating public hearing time to
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individual speakers. The Chair will determine and announce limits on
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speakers at the start of the public hearing process. Generally, each speaker
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will be allocated five- minutes with applicants and appellants or their
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designated representatives allowed more time. If many speakers are
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anticipated, the Chair may shorten the time limit and /or ask speakers to limit
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themselves to new information and points of view not already covered by
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previous speakers. No speaker will be turned away unless he or she exhibits
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inappropriate behavior. Each speaker may only speak once during the public
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comment or public hearing item, unless the Commission requests additional
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clarification later in the process. After the close of the public hearing, no
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more public testimony will be accepted unless the Chair reopens the public
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hearing for a limited and specific purpose.
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Appropriate behavior by the public speaker (citizens at large) shall mean:
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the practice of civility and respect. while speaking during public comments or
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during a public hearing. Difficult questions, tough challenges to a particular point
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of view, and criticism of ideas and information are legitimate elements of a free
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democracy in action. However, the public speaker should refrain from making
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belligerent, personal, impertinent, slanderous, threatening, abusive, or disparaging
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comments. No shouting or physical actions that could be construed as threatening
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will be tolerated. The public speaker should avoid personal comments that could
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personally offend the public official or community at large.
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(C) Give the appearance of active listening. It is disconcerting to speakers
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to have public officials not look at them when they are speaking. It is fine to
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look down at documents or to make notes, but reading for a long period of
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time gazing around the room gives the appearance of disinterest. Be aware of
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facial expressions, especially those that could be interpreted as "smirking,"
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disbelief, anger or boredom.
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(D) Ask for clarification, but avoid debate and argument with the public.
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Only the Chair— not individual public officials -- can interrupt a speaker
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during a presentation. However, a public official can ask the Chair for a point of
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order if the speaker is off the topic or exhibiting behavior or language the public
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official finds disturbing. If speakers become flustered or defensive by A public
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official's questions, it is the responsibility of the Chair to calm and focus the
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speaker and to maintain the order and decorum of the meeting. Questions by
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public officials to members of the public testifying should seek to clarify or
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expand information. It is never appropriate to belligerently challenge or belittle
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1 the speaker. Public officials' personal opinions or inclinations` about upcoming
2 votes should not be revealed until after the public hearing is closed.
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4 (F) No personal; attacks of any kind, under any ;circumstance. Public officials
S, should be aware that their body language and tone of voice, as well as the words
6 they use, can appear to be intimidating or aggressive. This same standard should
7 apply to the public speakers as well as the public officials. No public official
8 appointed to an advisory board or committee shall speak to the city commission
9 on an item upon which they have deliberated. This shall ensure the integrity of
10 ` the process, and allow the city commission to obtain the advisory
11 recommendation of that committee and board, and not the individual interests of a
12 member(s) of the board or committee. A commissioner may move to request
13 removal, should the presiding officer not order removal.
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15 (G) Follow parliamentary procedure in conducting public meetings. ` The
16 City Attorney serves as advisory parliamentarian for the City and is available
17 ' to answer 'questions or interpret `` situations according to parliamentary
18, procedures. The Chair, subject to the appeal of the full body makes final
19 rulings on parliamentary procedure
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21 (2) IN UNOFFICIAL SETTINGS
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23 (A) Make no promises on behalf of the entire body. Public officials will
24 frequently be asked to explain an action of the body or to give their opinion about
25 an issue as they meet and talk with constituents in the community. It is
26 ` appropriate to give a brief, overview of City policy and to refer to City staff for
27 further information.' It is inappropriate to overtly or implicitly promise action by
28 the body, or to promise City staff will do ` something specific (fix a pothole, '
29 remove a library book, plant new flowers in the median, etc.).
30,;
31 (B) Make no personal comments about other public officials It is acceptable to
32 publicly disagree about an issue, but it is unacceptable to make derogatory
33 comments about other public officials, their opinions and actions.
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35 (C) Remember that South Miami is a small town at heart. Public officials are
36 constantly being observed by the community every day that they serve in office.
37 Their behaviors and comments serve as models for proper deportment in the City
38 of South Miami. Honesty and respect for the dignity of each individual should be
39 reflected in every word and action taken by public officials, 24 hours a day,
40 seven days a week. It is a- serious and continuous responsibility.
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42` (h) Commission Conduct with Other Public Agencies.
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44 (1) Public officials `should be clear about representing the city, a board of the city or
45 personal interests. If a public official appears before another governmental agency or
46 organization to give a statement on an issue,' the public official must clearly state: 1) if his
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or her statement reflects personal opinion or is the official stance of the City; 2) whether
this is the majority or minority opinion of the body s/he represents. If the public official
is representing the City, the Public official must support and advocate the official
City position on an issue, not a personal viewpoint.
If the Public official is representing another organization whose position is different
from the City, the public official should withdraw from voting on the issue if it
significantly impacts or is detrimental to the City's interest. Public officials should
be clear about which organizations they represent and inform the Mayor and
Commission of their involvement.
(2) Correspondence also should be equally clear about representation. City letterhead
may be used when the public official is representing the City and the City's official
position. A copy of official correspondence should be given to the City Clerk to be filed
in the Commission Office as part of the permanent public record. It is best that City
letterhead not be used for correspondence of public officials representing a personal
point of view or a dissenting point of view from an official city commission or city
board position. However, should public officials use City letterhead to express a
personal opinion, the official City position must be stated clearly so the reader
understands the difference between the official City position and the minor viewpoint
of the public official.
(i) Commission Conduct With Boards and Commissions.
The City has established the city commission and several advisory boards as a means of
gathering more community input. Citizens who serve on Boards become more involved in
government and serve as advisors to the City Commission. They are a valuable resource to the
City's leadership and should be treated with appreciation and respect. If the member of the city
commission or an advisory board attends a different board or commission meeting, be careful to
only express personal opinions, and to not express an opinion on an item upon which a
recommendation has been made. This ensures the integrity of the process and ensures that there
is no undue influence or bias by the committee member(s) or advisory board members on the
specific item. Public officials may generally attend any board or commission meeting, which are
always open to any member of the public. There are specific exceptions in the case of quasi -
judicial proceedings. If in doubt, the public official should seek guidance from the city
attorney's office. However, public officials should be sensitive to the way their participation
especially if it is on behalf of an individual, business or developer -- could be viewed as unfairly
affecting the process. It is recommended that no Any public comments by a public official at a
different board's or the city commission meeting to which the advisory board or committee's
recommendation is presented, be made related to an item upon which that public official has
voted or issued an advisory opinion regarding.
(1) Limit contact with Board and Commission members to questions of clarification
It is inappropriate for a public official to contact a board or commission member to lobby
on behalf of an individual, business, or developer. See the city's code of Ethics and
lobbying code. Nor is acceptable for Public officials to contact board or commission
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1 members in order to clarify a position taken by the Board or _Commission. Any such
2 contact should be hand in compliance with the state's Sunshine requirements.
3
4 (2) Remember that boards and commissions serve the community, not individual _
5 ; public officials. The City Commission appoints individuals (appointed public officials)
6 to serve on Boards and it is the responsibility of boards to follow policy established by
7 the City Commission. But the board members do not report to the individual City
8 Commissioners. No public official (whether on the city commission or any advisory
9 board) feel they have the power or right to threaten any other board and/or commission
10 member. Appointment and re- appointment to a Board should be based on such criteria as
11 expertise, ability to work with staff and the public, commitment to fulfilling official
12 duties, and compliance with the Code of Conduct and Code of Ethics. A` board
13 appointment should not be used as a political "reward." Failure to adhere to this code, by
14 any appointed public official shall result in removal from the advisory board or
15 committee.
16`
17 ` (3) Be respectful' of diverse opinions. A primary role of the various advisory boards
18 and the City Commission is to represent many points of view in the community. Boards
19 are 'to provide the Commission with advice,' in their official roles as members of an
20 advisory board or committee, and the board or committee provides advise based on a full
21 spectrum of concerns and perspectives. No discriminatory; comments or derogatory
22 remarks shall be acceptable. No jest made' to the ;detriment of any recognized group
23 (religious, ethic, national origin, gender, age, or racial) shall be considered appropriate
24 humor. Some public officials may have a closer working relationship with some other
25 public officials /individuals serving on advisory boards. However, all public officials but
26 must be fair and respectful of all the other citizens serving as public officials.
27
28 (4) Keep political support away, from public forums. Public officials may offer
29 political support to a public official, but not in a public forum while conducting official
30 duties. Conversely, p ublic officials may support other= public officials who are
31 running for office, but not in an official forum in their capacity as a public official."
32
33 (5) ` ' Inappropriate behavior can lead to removal. Inappropriate behavior by a public
34 official should be noted to the Mayor, and the Mayor should counsel the offending
35 member. If inappropriate behavior continues, the Mayor should bring the situation to
36 the attention of the entire City Commission and the individual shall be subject to
37 removal from the applicable advisory board or committee..
38
39 (j) Commission Conduct with The Media.
40
41 Commissioners are frequently contacted by the media for background and quotes. The best'
42 advice for dealing with the media is to never go 'off the record." Most members of the media'
43 ' represent the highest levels of journalistic integrity and ethics, and can be trusted to keep their
44 word. But one bad experience can be catastrophic. Words that are not said cannot be quoted.
45 The Mayor is the official spokesperson and representative of the City's position. The Mayor is
46 the designated ,representative of the Commission Ito present and speak on the official; City
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I position. If an individual public official is contacted by the media, the public official should be
2 clear about whether their comments represent the official City position or a personal viewpoint.
3 The public official should choose words carefully and cautiously. Comments taken out of
4 context can cause problems. Be especially cautious about humor, sardonic asides, sarcasm, or
5 word play. It is never appropriate to use personal slurs or swear words when talking with the
6 media.
7
8 (k) Sanctions.
9
10 (1) Public Disruption. Members of the public who do not follow proper conduct after a
11 warning in a public hearing shall be barred from further testimony at that meeting or removed
12 from the Commission Chambers. A second offense within a six month period shall result in
13 removal from the commission chambers and city hall for a 30 day period. Each offense
14 thereafter shall result in an additional 30 day banning of the public speaker from city hall.
15
16 (2) Inappropriate Staff Behavior. Public officials should refer to the City Manager any City
17 staff or to the City Attorney any City Attorney's staff who do not follow proper conduct in
18 their dealings with Commissioners, board members, other City staff, or the public. These
19 employees may be disciplined in accordance with standard City procedures for such
20 actions. (Please refer to the section on Commission Conduct with City Staff for more
21 details on interaction with Staff).
22
23 (3) Public Officials Behavior and Conduct. Public officials who intentionally and repeatedly
24 do not follow proper conduct may be reprimanded or formally censured by the Commission,
25 lose seniority or committee assignments. Serious infractions of the Code of Ethics or Code of
26 Conduct could lead to other sanctions as deemed appropriate by Commission and as provided
27 under law. Failure of an appointed public official to comply with the city's, county's and
28 state's ethics codes shall result in removal of the public official.
29
30 (4) Relation to Ethics Code. Public officials should point out to the offending public official
31 infractions of the Code of Ethics or Code of Conduct. If the offenses continue, then the matter
32 should be referred to the Mayor in private. If the Mayor is the individual whose actions are being
33 challenged, then the matter should be referred to the Vice Mayor. It is the responsibility of the
34 Mayor to initiate action if a public official's behavior may warrant sanction. If no action is
35 taken by the Mayor, the alleged violation(s) can be brought up with the full Commission in
36 a public meeting. If violation of the Code of Ethics or Code of Conduct is outside of the
37 observed behaviors by the Mayor or Public officials, the alleged violation should be
38 referred to the Mayor. The Mayor should ask the City Manager and /or the City Attorney to
39 investigate the allegation and report the findings to the Mayor. It is the Mayor's
40 responsibility to take the next appropriate action. These actions can include, but are not
41 limited to: discussing and counseling the individual on the violations; recommending
42 sanction to the full Commission to consider in a public meeting; or forming a Commission
43 ad hoc subcommittee to review the allegation; the investigation and its findings, as well as
44 to recommend sanction options for Commission consideration. Videotaping of the complaint
45 hearing should be used for a Commission ad hoc subcommittee.
46
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1 (5) Appointed Public Officials. Violation of this code by an appointed public official,
2 for a first offense, shall result in sanctions, which sanctions may include removal of the
3 appointed public official from the advisory board or committee. A second violation of this
4 code by an appointed public official shall result in removal of that appointed public official
5 from the advisory board or committee. Upon a finding of a violation of an applicable Ethics
6 Code (State, county, city), or this Code of Conduct, which violation of the Code of Conduct
7 results in the removal of that appointed public official` from the advisory board or committee, the
8 former appointed public official shall be precluded from appointment on any other city board or
9 committee for a two year period.
10
11 (1) Principles of Proper Conduct.
12
13' (1) Proper conduct IS ...
14
15 (A) Keeping promises
16'
17 (B) Being dependable
18
19` (C) Building a solid reputation
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21 (D) Participating and being available
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23 (E) Demonstrating patience
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25 (F) Showing empathy
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27 (G) Holding onto ethical principles under stress
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29 ". (H) Listening attentively
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31_ (1) Studying thoroughly
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33 (J) Keeping integrity intact
34:
35 (K) Overcoming discouragement
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37 (L) "Going above and beyond, time and time again
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39 (M) Modeling a professional manner
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41 (2) Proper conduct IS NOT ...
42
43 -(A) Showing antagonism or hostility
44
45 (B) Deliberately lying or misleading
46
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I (C) Speaking recklessly and making defamatory or degrading remarks
2
3 (D) Spreading rumors
4
5 (E) Stirring up bad feelings, divisiveness
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7 (F) Acting in a self - righteous urianner
8
9 It all comes down to respect. Respect for one another as individuals .. respect for the validity
10 of different opinions . respect for the democratic process ... respect for the Community that
11 the City serves.
12
13 (m). Checklist for Monitoring Conduct
14
15 ❑ Will my decision/statement /action violate the trust, rights or good will of others?
16 ❑ What are my interior motives and the spirit behind my actions?
17 ❑ If I have to justify my conduct in public tomorrow, will I do so with pride or shame?
18 ❑ How would my conduct be evaluated by people whose integrity and character I respect?
19 ❑ Even if my conduct is not illegal or unethical, is it done at someone else's painful
20 expense? Will it destroy their trust in me? Will it harm their reputation?
21 ❑ Is my conduct fair? Just? Morally. right?
22 ❑ If I were on the receiving end of my conduct, would I approve and agree, or would I
23 take offense?
24 ❑ Does my conduct give others reason to trust or distrust me?
25 ❑ Am I willing to take an ethical stand when it is called for? Am I willing to make my
26 ethical beliefs public in a way that makes it clear what I stand for?
27 ❑ Do I exhibit the same conduct in my private life as I do in my public life?
28 ❑ Can I take legitimate pride in the way I conduct myself and the example I set?
29 ❑ Do I listen and understand the views of others?
30 ❑ Do I question and confront different points of view in a constructive manner?
31 ❑ Do I work to resolve differences and come to mutual agreement?
32 ❑ Do I support others and show respect for their ideas?
33 ❑ Will my conduct cause public embarrassment to someone else?
34
35 (n). Glossary of Terms. Below is a list of relevant terms with their associated meaning.
36 These terms shall apply in interpreting this code and shall be considered the minimum
37 definition. If there is a conflict between these terms and Roberts' Rules of Order, the terms
38 and definitions outlined below shall prevail.
39
40 Attitude: The manner in which one shows one's dispositions, opinions, and feelings
41
42 Behavior: External appearance or action; manner of behaving; carriage of oneself
43
44 Civility: Politeness, consideration, courtesy
45
46 Conduct: The way one acts; personal behavior
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1 -
2 Courtesy: Politeness connected with kindness
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4 Decorum: Suitable; proper; good taste in behavior
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6 Manners Away of acting; a style, method, or form; the way in which thing are done
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
1.3
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 court o f ` competent J urisdiction , 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
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PASSED AND ADOPTED this day of , 2007.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
Luis R. Figueredo,
Nagin Gallop Figueredo, P.A.
Office of City Attorney
ilium
MAYOR
1" Reading —
2" a Reading —
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Birts:
Commissioner Beckman:
Commissioner Palmer:
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