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03-20-07 Item 10I 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 3 HERE 7 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 ec. 8A -1. Conflict S Co ct of interest and code of ethics ordinance. Additions shown by underlining and deletions shown by ^v°F 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 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: 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 underlininc and deletions shown by ever-striking. Page 2 of 19 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. 4 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. 9 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. 15 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. 19 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. 31 32 8. Never use any information gained confidentially in the performance of 33 governmental duties as a means of making private profit. 34 35 9. Expose through appropriate means and channels, corruption, misconduct or neglect 36 of duty whenever discovered. 37 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. 41 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. 45 Additions shown by underlinina and deletions shown by everm g. Page 3 of 19 1 12. Make sure, when responding to the media, or to public comments, that a clear 2 distinction is made between personal opinion or belief and a decision made by the 3 applicable board or City Commission. 4 5 13. Pledge to honor and uphold these principles, ever conscious that public office 6 (whether appointed or elected) is a public trust. 7 8 14. Failure to adhere to this provision shall result in the removal of the appointed public 9 official. 10 11 (c) Overview of Roles & Responsibilities. 12 13 (1) MAYOR: Acts as the official head of the City for all ceremonial purposes; Chairs 14 Commission meetings; Calls for special meetings; Recognized as spokesperson for the 15 City; Makes judgment calls on proclamations Recommends subcommittees as 16 appropriate for Commission approval; Serves as the liaison between the Commission and 17 the City Manager and City .Attorney in regards to employee relations; Leads the 18 Commission into an effective, cohesive working team; Signs documents on behalf of the 19 City; and Serves as official delegate of the City to the Florida League of Cities and other 20 events and conferences. 21 22 (2) VICE MAYOR: Performs the duties of the Mayor if the Mayor is absent or 23 disabled; Chairs Commission meetings at the request of the Mayor; Represents the City 24 at ceremonial functions at the request of the Mayor. 25 26 (3) ALL COMMISSIONERS: All members of the City Commission, including those 27 serving as Mayor and Vice Mayor, have equal votes. No Commissioner has more power 28 than any other Commissioner, and all should be treated with equal respect. This same 29 rule applies to all public officials on any elected or appointed board. 30 31 (4) ALL PUBLIC OFFICIALS should fully participate in City Commission meetings 32 and other public forums while demonstrating respect, kindness, consideration, and 33 courtesy to others; Prepare in advance of Commission meetings and be familiar with 34 issues on the agenda; Represent the City at ceremonial functions at the request of the 35 Mayor; Place activities and events on the Commission's weekly activities calendar that 36 invite official participation of all public officials. A list of the activities of individual 37 public officials may also be submitted for public record at the option of the 38 Commissioner; Be respectful of other people's time; Stay focused and act efficiently 39 during public meetings; Serve as a model of leadership and civility to the community; 40 Inspire public confidence in South Miami government; Provide contact information with 41 the City Manager and City Clerk in case an emergency or urgent situation arises while 42 the Commissioner is out of town; Demonstrate honesty and integrity in every action and 43 statement; and Participate in scheduled activities to increase team effectiveness and 44 review Commission procedures, such as this Code of Conduct. 45 Additions shown by underlining and deletions shown by ever - g Page 4 of 19 1 (5) MEETING CHAIR: The Mayor will chair official meetings of the City 2 Commission, unless the Vice Mayor or another Commissioner is designated as Chair of a 3 specific meeting. Meeting Chair maintains order, decorum, and the fair and equitable 4 treatment of all speakers; Keeps discussion and questions focused on specific agenda 5 item under consideration; and Makes parliamentary rulings with advice, if requested, 6 from the City Attorney who acts as an advisory parliamentarian. Chair rulings may be 7 overturned if a Commissioner makes a motion as an individual and the majority of the 8 Commission votes to overrule the Chair. This rules of decorum supplement and 9 enhance the city's meeting procedures ordinance found at chapter 2, of the city's code of 10 ordinances. 11 12 (6) FORMER PUBLIC OFFICIALS: Past members of the City Commission who 13 speak to the current City Commission about a pending issue should disclose who 14 they are speaking on behalf of (individual or organization) and ensure compliance 15 with the city's and Miami -Dade County Conflict of Interest and Ethics Codes. 16 17 (d) Policies & Protocol Related To Conduct. 18 19 (1) Ceremonial Events: Requests for a City representative at ceremonial events will 20 be handled by City staff. The Mayor will serve as the designated City representative. 21 If the Mayor is unavailable, then City staff will determine if event organizers would 22 like another representative from the Commission. If yes, then the Mayor will 23 recommend which Commissioner should be asked to serve as a substitute. 24 Invitations received at City Hall are presumed to be for official City representation. 25 Invitations addressed to Public officials at their homes are presumed to be for 26 unofficial, personal consideration. 27 28 (2) Correspondence Signatures: Public officials do not need to acknowledge the 29 receipt of correspondence, or copies of correspondence, during Commission meetings. 30 City staff will prepare official letters in response to public inquiries and concerns. These 31 letters will carry the signature of the Mayor unless the Mayor requests that they be signed 32 by another Commissioner or City staff person. If correspondence is addressed only to 33 one Commissioner, that Commissioner should check with staff on the best way to 34 respond to the sender. If a correspondence is addressed to an appointed public 35 official (board member), a similar process shall be adhered to, in which the either 36 the chair shall 'issue a response to the correspondence, if deemed appropriate. 37 Additionally, at all times, the pubic officials, whether elected or appointed, will 38 make sure to comply with the City's quasi-judicial procedures, comply with the 39 Jennings Rule, and ensure compliance with the state's sunshine laws. 40 41 (3) Endorsement of Candidates: Public officials have the right to endorse candidates 42 for all Commission seats or other elected offices. It is inappropriate to mention 43 endorsements during Commission meetings or other official City meetings. 44 45 (4) Intergovernmental Relations: The Commission may hold a quarterly meeting on 46 intergovernmental relations (IGR) to assign specific public officials to take a leadership Additions shown by underlining and deletions shown by everstr4king. Page 5 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 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 maybe 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 eve�4king. 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 everstr- ing. Page 7 of 19 1 a whole. 2 3 (2) IN PRIVATE ENCOUNTERS. 4 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 private. The same $ level of respect and consideration of differing points of view that is deemed 9 appropriate for public discussions should be maintained in private conversations. 10 11 (B) Public Officials should be aware of the insecurity of written notes, 12 voicemail messages, and e -mail. Technology allows words written or said 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. 19 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. 25 26 (f) Public Official Conduct with City Staff. 27 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. 38 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. 44 45 (1) Public officials questions /inquiries to City staff: 46 Additions shown by underlining and deletions shown by ever- st-Fikieg. Page 8 of 19 1 (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 stage 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 evefst-Fiking Page 9 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 (g) 41 42 43 44 45 46 (3) Never publicly criticize an individual employee. Public officials should never express concerns about the performance of a City employee in public, to the employee directly, or to the employee's manager. Comments about staff performance should only be made to the City Manager through privai;e correspondence or conversation. Comments about staff in the office of the City Attorney should be made directly to the City Attorney. (4) Do not get involved in administrative functions. Public officials must not attempt to influence City staff on the making of appointments, awarding of contracts, selecting of consultants, processing of development applications, or granting of City licenses and permits. [See Code of Ethics]. (5) Public officials are to check with City staff on correspondence before taking action Before sending correspondence, public officials should check with City staff to see if an official City response has already been sent or is in progress. (6) Do not attend meetings with City staff unless requested by staff. Even if the public official does not say anything, the public official's presence implies support, shows partiality, intimidates staff, and hampers staffs ability to do their job objectively. (7) Public officials should limit requests for staff support. Routine secretarial support will be provided to all public officials. The City Clerk opens all mail for all public officials, unless a public official requests other arrangements. Mail addressed to the Mayor is reviewed first by the City Manager who notes suggested action and /or follow -up items. The same procedure should be followed for all other public officials. (8) Requests for additional staff support even in high priority or emergency situations - should be made to the City Manager who is responsible for allocating City resources in order to maintain a professional, well - maintained City government. (9) Do not solicit political support from staff. Public officials should not solicit any type of political support (financial contributions, display of posters or lawn signs, name on support list, etc.) from City staff. City staff may, as private citizens with constitutional rights, support political candidates but all such activities must be done away from the workplace. Commission Conduct with The Public. (1) IN PUBLIC MEETINGS (A) Making the public feel welcome is an important part of the democratic process. No signs of partiality, prejudice or disrespect should be evident on the part of individual public officials toward an individual participating in a Additions shown by underlinin and deletions shown by evefstr4king. Page 10 of 19 1 public forum. Every effort should be made to be fair and impartial in 2 listening to public testimony. 3 4 (B) Be welcoming to speakers and treat them with care and gentleness. The 5 way that public officials treat people during public hearings can do a lot to make 6 them relax or to push their emotions to a higher level of intensity. Public 7 officials should ` be fair and equitable in allocating public hearing time to 8 individual speakers. The : Chair will determine and announce limits on 9 speakers at the start of the public hearing process. Generally, each speaker 10 will be allocated five - minutes with applicants and appellants or their 11 designated representatives allowed more time. If many speakers are 12 anticipated, the Chair may shorten the time limit and /or ask speakers to limit 13 themselves to new information and points of view not already covered by 14 previous speakers. No speaker will be turned away unless he or she exhibits 15 inappropriate behavior. Each speaker may only speak once during the public 16 comment or public hearing item, unless the Commission requests additional 17 clarification later in the process. After the close of the public hearing, no 18 more public testimony will be accepted unless the Chair reopens the public 19 hearing for a limited and specific purpose. 20 21 Appropriate behavior by the public speaker (citizens at large) shall mean: 22 the practice of civility and respect while speaking during public comments or 23 during a public hearing. Difficult questions, tough challenges to a particular point 24 of view, and criticism of ideas and information are legitimate elements of a free 25 democracy in action. However, the public speaker should refrain from making 26 belligerent, personal, impertinent, slanderous, threatening, abusive, or disparaging 27 comments. No shouting or physical actions that could be construed as threatening 28 will be tolerated. The public speaker should avoid personal comments that could 29 personally offend the public official or community at large. 30 31 (C) Give the appearance of active listening. It is disconcerting to speakers 32 to have public officials not look at them when they are speaking. It is fine to 33 look down at documents or to make notes, but reading for a long period of 34 time gazing around the room gives the appearance of disinterest. Be aware of 35 facial expressions, especially those that could be interpreted as "smirking," 36 disbelief, anger or boredom. 37 38 (D) Ask for clarification, but avoid debate and argument with the public. 39 Only the Chair — not individual public officials -- can interrupt a speaker 40 during a presentation. However, a public official can ask the Chair for a point of 41 order if the speaker is off the topic or exhibiting behavior or language the public 42 official finds disturbing. If speakers become flustered or defensive by A public 43 official's questions, it is the responsibility of the Chair to calm and focus the 44 speaker and to maintain the order and decorum of the meeting. Questions by 45 public officials to members of the public testifying should seek to clarify or 46 expand information. It is never appropriate to belligerently challenge or belittle Additions shown by underlining and deletions shown by , vef Page l l of 19 1 the speaker. Public officials' personal opinions or inclinations about upcoming 2 votes should not be revealed until after the public hearing is closed; 3 4 (F) No personal attacks of any kind, under any circumstance. Public officials 5 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 residin officer not order removal. p g 14 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.' 20 21 (2) IN UNOFFICIAL SETTINGS 22 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. 34 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. 41 42 (h) Commission Conduct with Other Public ,agencies. 43 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 I Additions shown by underlining and deletions shown by ever-striking- Page 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 underlining and deletions shown by ever - Page 13 of 19 I 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, public 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 to present and speak on the official City Additions shown by underlining and deletions shown by ever - g. Page 14 of 19 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 dose 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 Additions shown by underlining and deletions shown by everstr king 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 everstfiking Page 16 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 (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 ever - g. 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 11 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 underlining and deletions shown by eve *��g Page 18 of 19 I PASSED AND ADOPTED this __ day of 2 3 4 ATTEST: 5 6 APPROVED: 2007. 7 CITY CLERK MAYOR 8 9 1St 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 everstfiking. Page 19 of 19 °o�f� Oti M 9 B ac y�n3 m_m �.g n°.�m o my m ° °m °oN oX c%O m2� mTm rTm f �9p y^ 00,��r. { y O m m O 3? S N S X D O S O= N Q mm m m rm,,. Q D M. n Q nc�i °mm°i' »co�ar ° z= 1443 m� m _ mmaa°m,�monmm x m L�� �m� .- m b 3. o n °� »v ma mmm Soz a ; my m m3.o3o3.m mNm Qa m 'm sx f�'o n. m 3oBr +°u y x 3 ^noo cvmmm. a n= °ammmo vm� ^•o m � 4 O3 3 y �c gu) R 3. y 3,5 0 3� »meow'_ < Z m .. 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