04-24-07 Item 6G
I ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
4 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDING
5 SECTION 8A OF THE CITY'S CODE OF ORDINANCES ENTITLED
6 "CODE OF ETHICS" TO INCLUDE A NEW SECTION 8A -2, WHICH
7 SECTION SHALL BE ENTITLED: "CODE OF CONDUCT FOR ALL
8 PUBLIC OFFICIALS "; PROVIDING FOR SEVERABILITY,
9 ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.
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11 WHEREAS, the Mayor and City Commission of the City of South Miami desire to
12 maintain the highest moral and ethical' standards amongst its elected and appointed officials and
13 employees; and,
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15 WHEREAS, the city desires to maintain the confidence of the public because such
16 confidence is essential to the conduct of free government; and,
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18 WHEREAS, elected and appointed officials are the agents of the people and hold their
19 positions for the benefit of the citizens of South Miami and the South Florida community; and,
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21 WHEREAS, the proper operation of democratic government requires public officials and
22 employees that they be independent and impartial when establishing policy and that their
23 positions never be used for personal gain; and,
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25 WHEREAS, the city has adopted its ethics code which is based upon the state ethics
26 requirements of chapter 112, Florida Statues and the Miami -Dade County code of ethics found at
27 section 2 -11.1; and,
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29 WHEREAS, the current ethics code relates predominantly to economic or personal gain
30 and a code of ethical conduct is necessary for the guidance of public officials; and,
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32 WHEREAS, the city seeks to provide further direction to the public officials and
33. employees relating to the city's code of conduct which provide ethical standards for all public
34 officials; and
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36 WHEREAS, the Mayor and City Commission desire to amend the city's ethics code to
37 provide additional direction to board members relating to a proper 'code of conduct in order to
38 ensure the proper operation of democratic government.
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40 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
41 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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43 Section 1. Chapter 8A of the City Code is amended as follows:
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45 Sec. 8A -1. Conflict of interest and code of ethics ordinance.
46 **
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Sec. 8A -2. Code of conduct for all elected officials and board members.
(a) Declaration of policy. High moral and ethical standards among public officials, both
elected and appointed, and public employees are essential to gain and maintain the confidence of
the public because such confidence is essential to the conduct of free government. They are the
agents of the people and hold their positions for the benefit of the people. The proper operation
of democratic government requires that public officials be independent and impartial when
establishing policy and that their positions never be used for personal gain. .
All elected and appointed officials, City employees, and others who participate in the City's
government are required to subscribe to Chapter 8A of the city code entitled Code of Ethics and
the Conflict of Interest and Code of Ethics Ordinance codified at Section 2 -11.1 of the code of
Miami -Dade County. All elected and appointed officials, City employees, and others who
participate in the City's government are required to understand how those ordinances apply to
their specific responsibilities. All elected and appointed officials shall receive a copy of this
ordinance and certify to the city clerk that they will subscribe to the standards delineated in the
code when carrying out their responsibilities.
(b) Definitions. Below is a list of terms with their associated meanings. The following
terms shall for purposes of interpreting this Code of Conduct shall have the meanings
indicated below.
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.
Courtesy: Politeness connected with kindness.
Decorum: Suitable; proper; good taste in behavior.
Grandstanding: Utilizing public meeting; time ostentatiously and hampering the efficient
conduct of business.
Manners: A way of acting; a style, method, or form; the way in which thing are done.
Point of order: An interruption of a meeting to question whether rules or bylaws are being
broken, such as the speaker has strayed from the motion currently under consideration.
Point of personal privilege: A challenge to a speaker to defend or apologize for comments
that a fellow member considers offensive.
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I Propriety: Conforming to acceptable standards of behavior.
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3 Protocol: The courtesies that are established as proper and correct.
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- 5 Public Disruption: behavior that disrupts the proceedings in a manner obviously hostile to
6 the purpose of the meeting.
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8 Public Official. Shall mean any appointed or elected official and specifically includes but
9 is not limited to the Mayor and City Commission, ERPB board members, Planning and
10 Zoning Board Members; Historic Preservation Board Members, Pension Board Members,
11_ Parking Board Members and Budget and Finance Committee Members.
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14 (c) Minimum Standards. This Code of Conduct is designed to address the manner in
15 which public officials should treat one another, city staff, constituents, and others they
16 come into contact with in representing the City of South Miami.
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18 Public officials are called upon to exhibit appropriate behavior at all times. Demonstrating
19 respect for each individual through words and actions is the touchstone that can help guide
20 public officials to take appropriate actions even the most difficult situations. The city's
21 Code of Conduct includes the following minimum standards:
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23 1 Uphold the United States and Florida Constitutions, laws and regulations and the
24 City of South Miami's Charter, ordinances and regulations, and never knowingly be a party
25 to their evasion.
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27 2. Place the City's rules, codes and interests ahead of any rou or individual interests
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28 or concerns. No public official shall put individual concerns or interests before that of the
29 city and the _city's code of ordinances, before, during or after making a recommendation or
30 a decision on a pending application.
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32 3. Seek to find and use the most equitable, efficient, effective and economical means
33 for getting tasks accomplished, and not unnecessarily burdening staff with time consuming,
34 unnecessary or frivolous requests related to a personal concerns or individual points of
35 view.
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37 4. Adopt policies (and programs, as applicable) that support the rights and recognize
38 the needs of all citizens regardless of race, sex, sexual orientation, age, religion, creed,
39 country of origin or disability. Avoid adopting policies (or supporting programs) or
40 engaging in activities that discriminate against or offend individuals because of race, sex,
41 sexual orientation, age, religion, creed, country of origin or disability.
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43 5. Ensure the integrity of the actions of each board or the City Commission by
44 avoiding discrimination through the dispensing of special favors, or unfair privileges to
45 anyone, whether for remuneration or not.,
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6. Make no private promises of any kind binding upon the duties or any office, since a
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public official is a public servant, and should have no private work which can be binding
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on public duty.
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7. Do not take public positions or engage in any activity that advocates or supports a
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an applicant, group, organization, business or position on any matter or issue that will
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come before your respective board or committee. No appointed public official shall
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advocate, lobby, or take any action involving the community or the city commission on -an
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item that has been considered or is to be heard by that appointed public official's board or
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committee. The appointed board or committee, as a whole, shall issue a recommendation
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in its official capacity to the city commission. The individual appointed board or
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committee members shall not advocate to the public, or appear before the city commission
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on an item upon which their respective board or committee will consider or has considered,
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as doing so would provide an appearance of undue influence, bias and improper conduct.
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An appointed public official may only appear before the city commission on matters
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considered or to be considered by their respective board or committee if specifically
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invited by the commission to do so. Appointed public officials may, however, appear
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before the City Commission on all other city business.
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8. Never use any information gained confidentially in the performance of
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governmental duties as a means of making private profit.
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9. Expose through appropriate means and channels, corruption, misconduct or neglect
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of duty whenever discovered.
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10.. Adhere to the principle that the public's business should be conducted in the
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Sunshine and following the letter and spirit of the Sunshine law by using closed meetings
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only to deal with certain legal and labor matters as provided under Florida law.
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11. Avoid using a position of public trust to gain access to the media or the dais for the
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purposes of criticizing colleagues, other public officials, citizens or staff, impugning their
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integrity or vilifying their personal beliefs.
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12. Make sure, when responding to the media, or to public comments, that a clear
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distinction is made between personal opinion or belief and a decision made by the
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applicable board, committee or City Commission.
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13. Pledge to honor and uphold these principles, ever conscious that public office
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(whether appointed or elected) is a public trust.
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(d) City Meetings
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1. The Mayor will chair official meetings of the City Commission, unless the Vice- Mayor,
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or another Commissioner is designated as Chair of a specific meeting. The Chair maintains
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order, decorum, and the fair and equitable treatment of all speakers; Keeps discussion and
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questions focused on specific agenda item" under consideration; and makes parliamentary
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rulings with advice, if _requested, from the City Attorney who acts as an advisory
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parliamentarian. Chair rulings may be overturned if a Commissioner makes a motion as an
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individual and the majority of the Commission votes to overrule the Chair. This rules of
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decorum supplement and enhance the city's meeting procedures ordinance found at chapter
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2, of the city's code of ordinances.
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2. Board and Committee Meetings
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The board or committee chairman will chair official meetings of their respective board or
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committee, unless the Vice- Chair or, another Member is designated as Chair of a specific
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meeting. The meeting Chair maintains order, decorum, and the fair and equitable
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treatment of all speakers; keeps discussion and questions focused on the specific agenda
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item under consideration; and makes parliamentary rulings with advice, if requested,
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from the Board Attorney (where applicable) who acts as an advisory parliamentarian.
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Chair rulings may be overturned if a Member makes a motion as an individual and the
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majority of the Board votes to overrule the Chair.
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(e) Rules of Decorum
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(1) All Public Officials shall practice civility and decorum in discussions and debate.
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Difficult questions, tough challenges to a particular point of view, and criticism of ideas and
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information are legitimate elements of a free democracy in action. This does not allow,
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however, Public Officials to make belligerent, personal, impertinent, slanderous, threatening,
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abusive, or disparaging comments. No shouting or physical actions that could be construed as
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threatening will be tolerated.
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(2) All Public Officials shall honor the role of the Chair in maintaining order. It is
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the responsibility of the Chair to keep the comments of commissioners or board
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members on track during public meetings. Public Officials shall honor efforts by the
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Chair to focus discussion on current agenda items and to halt non- productive
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g randstandin g. If t e is disagreement reem,nt about the agenda o r the Chairs actions, those
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objections shall be voiced politely and with reason, following procedures outlined in
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parliamentary procedure.
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(3) Avoid personal comments that could offend other persons. If an individual
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member of the Commission, board or committee is personally offended by the remarks of
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another member the offended Public Officials shall make notes of the actual words used and
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call for a "point of personal privilege "' that challenges the offending member to justify or
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apologize for the language used. The Chair will maintain control of this discussion.
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(4) Demonstrate effective problem- solving approaches: The City Commission
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and each public board and committee has a public stage to show how individuals with
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I disparate points of view can find common ground and seek a compromise that benefits
2 the community as a whole.
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4 (5) Public Officials should refer to one another formally during public meetings by
5 their official titles followed by the individual's last name
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7 (f) Public Meeting and Hearing Protocol:
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9 (1) After the report and staff recommendation is made, the applicant or appellant shall have
10 the right to speak first. The Chair will determine the length of time allowed for this
11 presentation. Speakers representing either pro or core points of view will be allowed to follow.
12 The Chair will determine how much time will be allowed for each speaker, with 3 to 5 minutes
13 the standard time granted. The applicant or appellant will be allowed to make closing
14 comments. The Chair has the responsibility to run an efficient public meeting and has the
15 discretion to modify the > public hearing process in order to make the meeting run
16 smoothly.
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18 (2) Public Officials should not express opinions during the public hearing portion of the
19 meeting except to ask pertinent 'questions of the speaker or staff. "I think" and "I feel"
20 comments by Public Officials are not appropriate until after the close of the public hearing.
21 Public Officials should refrain from arguing or debating with the public during a public
22 hearing and shall always show respect for different points of view. Public Officials should
23 avoid during public meetings and during the performance of public duties the use of
24 abusive, threatening or intimidating language or gestures directed at colleagues, other
25 public officials, citizens or personnel.
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27 (3) Only the Chair - not individual commissioners, board or committee members -- can
28 interrupt a speaker during a presentation. However, a commissioner, board or committee
29 member can ask the Chair for a point of order if the speaker is off the topic or exhibiting
30 behavior or language the commissioner or member finds disturbing. If speakers become
31 flustered or defensive by a question or comment, it is the responsibility of the Chair to calm and
32 focus the speaker and to maintain order and decorum of the meeting. Questions by Public
33 Officials to members of the public testifying should seek to clarify or expand information. It is
34 never appropriate to belligerently challenge or belittle the speaker.
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36 (4) No signs of partiality, prejudice or disrespect should be evident on the part of
37 individual Public Officials toward an individual participating in a public forum. Every
38 effort should be made to be fair and impartial in listening to public testimony.
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40 (5) Be respectful of diverse opinions. A primary role of the city commission and the various
41 _ boards and committees is to represent many points of view in the community. Decisions by the
42 City Commission and the city's various boards and committees should be based on a full
43 spectrum of concerns and perspectives. No discriminatory comments or derogatory remarks shall
44 be acceptable. No jest made to the detriment of any recognized group (religious, ethic, national
45 origin, gender, sexual orientation, age, or racial) shall be considered appropriate humor.
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(6) No quasi-judicial item may be discussed during an agenda, unless the item to be
discussed is a procedural question related to the quasi-judicial item, or during the actual public
hearing on the quasi-judicial item, with the applicant present. Furthermore, no discussion by
the citizens shall be discussed after a public hearing on the quasi-judicial matter, until the appeal
period has expired and no appeal has been filed with the appropriate authority. This safeguard
shall ensure the integrity of the hearing process and ensure proper due process is provided to
any applicant, should an appeal be taken and the matter remanded back to the city commission.
(7) All public speakers including citizens shall practice civility and respect while speaking
during public comments or during a public hearing. Difficult questions, tough challenges to a
particular point of view, and criticism of ideas and information are legitimate elements of a
free democracy in action. However, the public speaker should refrain from making belligerent,
personal, impertinent, slanderous, threatening, abusive, or disparaging comments. No shouting
or physical actions that could be construed as threatening will be tolerated. The public speaker
should avoid personal comments that could personally offend any commission member, board
or committee member or any member of the community at large.
(g) 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 citizen will be limited to five minutes.
Similar rules should be applied by the chair of the various boards and committees of the City.
(h) Motions: Main motions may be followed by amendments, followed by substitute
motions. Any member can call for a point of order. Public Officials who voted on the
prevailing side may make motions to reconsider.
(i) Public Announcements in Meetings: Public Officials who want to make
announcements, recognize achievements, promote an event or make presentations should notify
the Chair in advance. Public Officials will be limited to five minutes each, unless they request
and receive additional time from the Chair, and should keep the focus on matters of community-
wide interest.
(j) 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.
(k) Correspondence Signatures:
(1) Public Officials do not need to acknowledge the receipt of correspondence, or copies of
correspondence, during Commission meetings or other official City meetings. City staff will
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1 prepare official letters in response to public inquiries and concerns. If correspondence is
2 addressed only to one Public Official, that Public Official should check with staff on the
3 best way to respond to the sender. At all times, Public Officials , will make sure to comply
4 with the City's quasi-judicial procedures, comply with the Jennings Rule, and adhere to
5 the state's Sunshine laws.
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8 (2) Public officials are to check with City staff on correspondence before taking action.
9 Before sending correspondence, public officials should check with City staff to see if an
10 official City response has already been sent or is in progress.
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13 (1) Conduct with City Staff.
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15 Governance of a City relies on the cooperative efforts of all Public Officials The City
16 Commission sets policy, and the City Manager together with City staff implements and
17 administers the Commission's 'policies. To allow proper governance and to ensure non-
18 interference with the City manager's application or implementation of the city
19 commission's policies, Public Officials shall comply with the following guidelines: .
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21 (1) Public Officials shall treat all staff as professionals with clear, honest
22 communication that respects the abilities, experience, and dignity of each individual is
23 expected. Public officials shall maintain an attitude of courtesy and consideration toward
24 all colleagues, public officials and staff during all discussions and deliberations.
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26 (2) Questions /inquiries to City staff:
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28 (A) General public official communications with City staff should be limited
29 to normal City business hours unless the circumstances warrant otherwise.
30 Responses to public official questions posed outside of normal business hours
_31 should be expected no earlier than the next business day,
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33 (B) Routine Requests for Information and Inquiries. Public officials may
34 contact staff directly for information made readily available to the general public
35 on a regular basis (e.g., "What are the library's hours of operation?"). Under these
36 circumstances staff shall treat the public official no differently than they would
37 the general public, and the public official shall not use his/her /their elected or
38 appointed status to secure preferential treatment. The City Manager does not need
39 to be advised of such contacts.
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41 (C) Non- Routine Requests for Readily Available Information. A public
42 official may also contact staff directly for easily retrievable information not
43 routinely requested by the general public so long as it does not require staff to
44 discuss the issue or express an opinion (e.g., "How many traffic lights are there in
45 the City ? ").
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(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, (e.g., "Please provide a matrix
reconciling data from various traffic and parking studies in Hometown Overlay
District. ". The City Manager 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,. The procedure outlined in this subsection does not
preclude a Public Official i:rom making a public records request under Chapter
119 Florida Statutes.
(E) Meeting Requests. Any Public official request for a meeting with staff must
be directed to the City Manager. When in doubt about the appropriateness of a
communication with staff, public officials shall ask the City Manager for advice.
(F) 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.
(3) Do not disrupt City staff from their jobs. Public officials should not disrupt City
staff while they are engrossed in performing their job functions in order to have their
individual needs met.
(4) Never publicly criticize an individual employee. Public officials shall 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 private correspondence or conversation.
(5) Public Officials shall not become involved in administrative functions. Public officials
shall 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..
(6) Public officials shall not attend meetings with City staff unless requested by staff. This
restriction does not apply to board or committee members sitting in on meetings concerning
matters that do not come before their respective boards or committees for consideration.
(7) Requests for staff support shall be made to the City Manager who is responsible for
allocating City resources.
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1 (8) Public Officials shall not solicit political support from staff. Public officials should not
2 solicit any type of political support (financial contributions, display of posters or lawn signs,
3 name on support list, etc.) from City staff. City staff may, as private citizens with constitutional
4 rights, support political candidates but all such activities must be done away from the workplace.
5
6 (m) Conduct with Members of the Public.
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8 (1) Make no promises on behalf of the entire body. Public officials will frequently be
9 asked to explain an action of the body or to give their opinion about an issue as they
10 meet and talk with constituents in the community. It is appropriate to give a brief
11 overview of City policy and to refer to City staff for further information. It is
12 inappropriate to overtly or implicitly promise action by the body, or to promise City staff
13 will do something specific (fix a pothole, remove a library book, plant new flowers in the
14 median, etc.).
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16 (2) Make no personal comments about other public officials It is acceptable to
17 publicly disagree about an issue, but it is unacceptable to make derogatory comments
18 about other public officials, their opinions and actions.
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20 (n) Conduct with Other Public Agencies.
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22 (1) Public officials should be clear about representing the city, a board of the city or
23 personal interests. If a public official appears before another governmental agency or
24 organization to give a statement on an issue, the public official must clearly state: 1) if-his
25 or her statement reflects personal opinion or is the official stance of the City; 2) whether
26 this is the majority or minority opinion of the body s/he represents. If the public official
27 is representing the City, the Public official must support and advocate the official
28 City position on an issue, not a personal viewpoint.
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31 (2) Correspondence also should be equally clear about representation. City letterhead
32 may be used when the public official is representing the City and the City's official
33 position. A copy of official correspondence should be given to the City Clerk to be filed
34 in the Commission Office as art of the permanent public record. It is best that City
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35 letterhead not be used for correspondence of public officials representing a personal
36 point of view or _a dissenting point of view from an official city commission or city
37 board position. However, should public officials use City letterhead to express a
38 personal opinion, the official City position must be stated clearly so the reader
39 understands the difference between the official City position and the minor viewpoint
40 of the public official.
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42 (o) Conduct With Boards and Commissions.
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44 (1) Public Officials may generally attend any public meeting, which are always open to any
45 member of the public. There are specific exceptions in the case of quasi-judicial
46 proceedings. If in doubt, the Public Official should seek guidance from the city attorney's
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I office. However, Public Officials should be sensitive to the way their participation could be
2 viewed as unfairly affecting the process. No Any public comments by an appointed public
3 official at a the city commission meeting may be made where the board or committee's
4 recommendation is presented, unless that board or committee member is specifically invited to
5 speak by the Mayor or by the Commission.
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7 (2) It is inappropriate for a Public Official to contact a committee, board or commission
8 member to lobby on behalf of an individual, organization, business, or developer. Nor is
9 acceptable for Public Officials to contact board or commission members in order to clarify a
10 position taken by their respective committee, board or Commission. Any such contact should be
11 occur in compliance with this ordinance and the state's Sunshine requirements.
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13 (3) The City Commission, together with the various boards and committees serve the
14 community, not individual public officials. The City Commission appoints individuals
15 (appointed public officials) to serve on boards and committees and it is the responsibility, of
16 boards and committees to follow policy established by the City Commission. But the board and
17 committee members do not report to the individual City Commissioners. No Public Official
18 (whether on the city commission or any board or committee) has the power or right to threaten
19 any other board, committee and /or commission member. Appointment and re- appointment to a
20 board or committee should be based on such criteria as expertise, ability to work with staff and
21 the public, commitment to fulfilling official duties, and compliance with the Code of
22 Conduct and Code of Ethics. A board or committee appointment should not be used as a
23 political "reward. Failure to adhere to this code, by any appointed public official shall result in
24 removal from the advisory board or committee.
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27 (p) Commission Conduct with The Media.
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29 Public Officials are frequently contacted. by the media for background and quotes. Most
30 members of the media represent the highest levels of journalistic integrity and ethics, and can be
31 trusted to keep their word. But one bad experience can be catastrophic. Words that are not
32 said cannot be quoted. The Mayor is the official spokesperson and representative of the City's
33 position. The Mayor is the designated representative of the Commission to present and speak on
34 the official City position. If an individual public official is contacted by the media, the public
35 official should be clear about whether their comments represent the official City position or a
36 personal viewpoint. The public official should choose words carefully and cautiously.
37 Comments taken out of context can cause problems. Be especially cautious about humor,
38 sardonic asides, sarcasm, or word play. It is never appropriate to use personal slurs or swear
39 words when talking with the media.
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41 (q) Sanctions.
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43 (1) Public Disruption. Members of the public who do not follow proper conduct after a
44 warning in a public hearing shall be barred from further testimony at that meeting or removed
45 from the Commission Chambers.
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1 (2) Inappropriate Staff Behavior. Public officials should refer to the City Manager any City
2 staff who do not follow proper conduct in their dealings with Commissioners, board
3 members, other City staff, or the public. These employees may be disciplined in
4 accordance with standard City procedures for such actions.
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6 (3) Public Officials Behavior and Conduct. Public officials who intentionally and repeatedly
7 do not follow proper conduct may be reprimanded or formally censured by the Commission., .
8 Serious infractions of the Code of Ethics or Code of Conduct could lead to other sanctions as
9 deemed appropriate by Commission and as provided under law. Failure of an appointed public
10 official to comply with the city's, county's and state's ethics codes shall result in removal
11 of the public official.
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13 (4) Appointed Public Officials. Violation of this code by an appointed public official,
14 for a first offense, shall result in sanctions, which sanctions may include removal of the
15 appointed public official from the board or committee. A second violation of this code by
16 an appointed public official shall result in removal of that appointed public official from
17 the board or committee.
18
19 Section 2. If any section, clause, sentence, or phrase of this ordinance is for any
20 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
21 affect the validity of the remaining portions of this ordinance.
22
23 Section 3. All ordinances or parts of ordinances in conflict with the provisions of this
24 ordinance are repealed.
25
26 Section 4. This ordinance shall be codified and included in the Code of Ordinances
27 upon final enactment.
28
29 Section 5. This ordinance shall take effect immediately upon enactment.
30
Additions shown by underlining and deletions shown by evef g.
Page 12 of 13
I PASSED AND ADOPTED this day of 2007.
2
3
4 ATTEST: APPROVED:
5
6
7 CITY CLERK MAYOR
8
9 1 St 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
i
Additions shown by underlining and deletions shown by°=�°rotFiking.
Page 13 of 13
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
SOOKIE,WILLIAMS, who on oath says that he or sheds the
VICE PRESIDENT, Legal Notices of the Miami Daily Business
Review f /Wa Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING FOR 4/3/2007
in the XXXX Court,
was published in said newspaper in the issues of
03/23/2007
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter, at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any opap t, rebate, commission or refund for the purpose
of s
cur
this advertisement for publication in the said
new,
Sworn to and subscribed before me this
23 day of MARCH , A.D. 2007
(SEAL)
SOOKIE: WILLIAMS personally known to me
�e9t' Cheryl H Marmer
e My Commission DD338559
OR R Expires July 18, 2008
CITY OF'$OUTH MIAMI
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that the' City Commission of the City of South
Miami, Florida will conduct - Public 'Hearings at its regular City
Commission meeting scheduled for Tuesday, April 3, 2007 beginning at
7:30 p.m. in the City` Commission `Chambers, 6130 Sunset Drive, to
consider the following items:"
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA; RELATING TO A '
REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE
CITY OF SOUTH MIAMI .LAND DEVELOPMENT CODE BY
DESIGNATING A COMMERCIAL BUILDING LOCATED AT
5800 SUNSET DRIVE AS AN HISTORIC SITE AND BY
PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY
ZONE (HP =OV) OVER THE EXISTING ZONING USE
DISTRICT FOR THIS PROPERTY; PROVIDING FOR SEVER -
ABILITY;" PROVIDING. FOR ORDINANCES IN CONFLICT;
AND PROVIDING AN EFFECTIVE DATE:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
("A OF THE CITY OF SOUTH MIAMI, FLORIDA,•RELATIN:G TO
CREATING 'SECTION SA° 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`" PUBLIC .OFFICIALS ";
PROVIDING -'FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND AN EFFECTIVE DATE
'RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, RELATING TO
THE .ISSUANCE OF A CERTIFICATE OF FLORIDA. PPROPRIATE-
NESS PURSUANT TO SECTION 20- 5.19(E)(3) -OF THE LAND
DEVELOPMENT CODE TO PERMIT THE INSTALLATION OF
A SIGN ON A COMMERCIAL BUILDING LOCATED AT 5904
SUNSET DRIVE A DESIGNATED HISTORIC -SITE (AMSTER_
PROPERTIES); PROVIDING•AN EFFECTIVE-DATE.-
A RESOLUTION OF THE MAYOR `AND CITY COMMISSION
OF THE CITY OF, SOUTH MIAMI, FLORIDA RELATING TO
THE ISSUANCE OF A CERTIFICATE OF APPROPRIATE-
NESS PURSUANT TO SECTION 20- 5:19(E)(3) OF THE LAND
DEVELOPMENT CODE TO_PERMIT THE INSTALLATION OF
`A`DOOR AT THE REAR OF THE PROPERTY IN A'SINGLE
FAMILY RESIDENCE .LOCATED AT 6251 SW 57 STREET
WITHIN THE CAMBRIDGE LAWNS - HISTORIC DISTRICT;
PROVIDING AN EFFECTIVE DATE. y
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI FLORIDA RELATING TO
THE ISSUANCE OF A CERTIFICATE OF APPROPRIATE -
NESS PURSUANT TO SECTION 20- 5.19(E)(3) OF THE LAND
DEVELOPMENT CODE TO PERMIT THE INSTALLATION;OF
A DRIVEWAY CAR CANOPY IN A SINGLE_FAMILY-_RESI-,-
DENCE LOCATED AT 6142 SW 56th STREET WITHIN THE
CAMBRIDGE LAWNS HISTORIC DISTRICT; PROVIDING AN
EFFECTIVE DATE.
If you have any inquiries on the above items please contact the City
Clerk's office at: 305 - 663 -6340
ALL interested parties are invited to attend and will be heard.
NOTICE: The second meeting of the City Commission for the month
of April has been moved from Tuesday, April 17 to Tuesday, April 24,
2007.
Maria M. Menendez, CMC
City Clerk
Pursuant to Florida Statutes 286.0105; the City hereby advises the
public that if a person decides to appeal any decision made by'this
Board, Agency or Commission with respect to any matter considered at
its meeting or hearing, he or she will need a record of the proceedings,
and that for such purpose, affected person may need to ensure that a
verbatim record of the proceedings is made which record . includes the
testimony and evidence upon which the appeal is to be based.
3/23 07- 3- 59/607638M
J
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equipment between
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rmance cnarges Will oe ®
assessed from the date of contract unless the total t'
P
amount financed is paid in full before 6 months of
contract. Financing provided * American General =
Y*
y 9
w
COURTESY NOTICE
CITY OF SOUTH -MIAMI, FLORIDA
On Tuesday, April 3, 2007, beginning at 7:30 p.m., in the .City Commission Chambers,
6130 Sunset Drive, the City Commission will hold Public Hearings to consider the
following items:
AN ORDINANCE RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF
THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A
COMMERCIAL BUILDING LOCATED AT 5800 SUNSET DRIVE AS AN HISTORIC SITE
AND BY (PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER
THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY.
(SO N ORDINANCE RELATING TO CREATING SECTION 8A OF THE CITY'S CODE RDINANCES ENTITLED; °CODE OF ETHICS." TO INCLUDE SECTION .8A 2, WHECTION SHALL BE ENTITLED: "CODE OF CONDUCT FOR ALL PUBLICOFFICIALS."
A RESOLUTION RELATING TO THE ISSUANCE OF A CERTIFICATE .OF,
APPROPRIATENESS PURSUANT TO SECTION 20- 5.19(E)(3) OF THE LAND
DEVELOPMENT CODE TO;PERMIT THE INSTALLATION OF A SIGN ON A COMMERCIAL
BUILDING ;LOCATED AT 5904 SUNSET DRIVE A -DESIGNATED HISTORIC SITE
(AMSTER PROPERTIES):
A `RESOLUTION ' RELATING TO :THE ISSUANCE OF A ' CERTIFICATE OF
APPROPRIATENESS PURSUANT,. TO SECTION 20- 5.19(E)(3) OF THE I LAND
DEVELOPMENT CODE TO PERMIT THE INSTALLATION OF A DOOR AT THE REAR OF
THE PROPERTY IN A SINGLEFAMILY RESIDENCE"LOCATED.AT 6251 SW 57 STREET
WITHIN THE CAMBRIDGE LAWNS HISTORIC DISTRICT.
A RESOLUTION RELATING TO THE ISSUANCE OF A CERTIFICATE OF
APPROPRIATENESS, PURSUANT TO SECTION 20- 5.19(E)(3). OF THE LAND
DEVELOPMENT CODE TO PERMIT -THE INSTALLATION OF A DRIVEWAY CAR CANOPY
IN A SINGLE FAMILY RESIDENCE LOCATED AT 6142 SW 56th STREET WITHIN THE
CAMBRIDGE LAWNS HISTORIC DISTRICT.
If you have any inquiries on the above Items please contact the City Clerk's office at:
305- 663 -6326.
ALL interested parties are invited to attend and will be heard.
NOTICE: The second meeting of the City Commission for the month of April has
been moved from Tuesday, April 17 to Tuesday, April 24, 2007.
Maria M. Menendez, CIVIC
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to
appeal any decision made by this Board, Agency or Commission with respect to any matter considered
at its meeting or hearing, he or she will need a record of the proceedings,'and that for such purpose,
affected person may need to ensure that a verbatim record of the proceedings is made which record
includes the testimony and evidence upon which the appeal is to be based.
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IEIGHBORS CALENDAR
Goulds, free. 305- 234 -48 or individuals can participate m the pro
49
305 -234 -1673. ' - - " gram to learn how to tandem bike; 9 , m
.Soclalltei: A social group for mildly _ " a m: Saturdays; Challenger Park, " ,_
disabied.young adults 16 their 20s- Northeast 165th Street and 15th Ave N
40s, features trips to bowling alleys nue, North Miami Beach; free. .o
"and theaters. 305 -275 -9585. 305- 948-2957
Tandem Biking: Visually impaired
E
60URTESY NOTICE
CITY OF SOUTH MIAMI, FLORIDA E
On Tuesday, March 20, 2007 beginning at 730 p.m, in the City Commission
Chambers, 6130 Sunset Drive the City_ Commission will hold Public Hearings to
-consider the following items: LL
MAP OF THE E RELATING TOF SOUTH. MIAMI LAND DEVELOPMENT CODE ZONING BY Y
DESIGNATING A COMMERCIAL BUILDING LOCATED AT 5800 SUNSET DRIVE AS
AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION.;
OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS -
PROPERTY
AN ORDINANCE RELATING TO CREATING SECTION BA OF THE Or, Is CODE OF
ORDINANCES ENTITLED "CODE OF ETHICS" TO INCLUDE.SECTIDN 8A -2,
;WHICH SECTION SHALL BE ENTITLED CODE OF:C-
ND
U. FOR ALL PUBLI
OFFICIALS."-„
AN ORDINANCE RELATED TO THE PERMITTED USE SCHEDULE BY AMENDI
SECTION 20- 3.3(0) AND SECTION 20.7.12 OF. SHE SOUTH MIAMI LAND "
DEVELOPMENT CODE IN ORDER TO ALLOW A BOWLING ALLEY! RESTAURANTI
ENTERTAINMENT CENTER AS A PERMITTED USE INTHE SRIHD -OV! SPLCIALTTY
RETAIL (HOMETOWN DISTRICT OVERIAY) ZONE. DISTRICT
TO SECTION
REQUEST PURSUA
A'.RESOLUTION .RELATING TO A :. NT 20
3.4(8)(4)0) OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL
70 LOCATE A RESTAURANT TO BE CALED.SPLITSVILLE IN THE -SR (HD-0\0'
SPECIALTY RETAIL HOMETOWN,. DISTRICT. OVERLAY. ZONING DISTRICT
SPECIFICALLY LOCATED AT 5701 SUNSET DRIVE (SHOPS AT SUNSET PLACE),
A RESOLUTION RELATING TO A REQUEST FOR FROM SECTION
VARIANCES
20 3.5(E) OF THE LAND DEVELOPMENT CODE IN ORDER TO ALLOW THE
CONSTRUCTION OF A ONE STORY SINGLE FAMILY HOME ON PROPERTY
LOCATED RESIDENTIAL 100 NGM USE FLORIDA.
DIS R CT , THE THE
VARIANCE
REQUESTED IS TO ALLOW A REAR SETBACK TO 13E.23 FEET 10 INCHES
WHERE AMINIMUM OF25 FEET 15.REQUIRED. _ :r
A RESOLUTION RELATING TO A REQUEST FOR TWO VARIANCES FROM
SECTION 20.35(E) OF THE LAND DEVELOPMENT CODE IN ORDER To ALLOW
'.THE CONSTRUCTION OF A ONE STORY SINGE FAMILY HOME ON PROPERTY '
LOCATED AT 6350 SW fiD AVENUE, SOUTH MIAMI, FLORIDA, WITHIN THE "RS4
SINGLE FAMILY .RESIDENTIAL' 'ZONING USE "DISTRICT; ?THE ;VARIANCES
::REQUESTED ARE (1) A VARIANCE TO ALLOW THE LOT SIZE OF A BUILDING
- SITE
SQUARE FEES REQUIRED AND 47 FEE OF FRONTAGE WHERE 60 FEET IS
REQUIRED; "(2) A VARANCE TO PERMIT THE STREET SIDE YARD SETBACK TO
BE 13 FEE 9 INCHES WHERE 15 FEE IS REQUIRED
A ,RESOLUTION _RELATING TO THE ISSUANCE OF A CERTIFICATE.,OF
APPROPRIATENESS PURSUANT TO SECTION 20.5.19(E)(3) OF THE" LAND
DEVELOPMENT_ CODE TO ,PERMIT, THE INSTALLATION OF A SIGN ON A
COMMERCAL BUILDING LOCATED AT 5904 S. DIXIE HIGHWAY A DESIGNATED
HISTORIC SITE IAMSTlSR PRQRERTIES) '
A : RESOLUTION "RELATING TO THE ISSUANCE OF A CERTIFICATE OF
A )ROpMATENESS PURSUANT TO DEVELOPMENT CODE TO PERMIT THE
INSTALLATION OF)A DOOOR'ATLTHE
REAR OF THE PROPERTY IN A SINGLE FAMILY RESIDENCE LOCATED AT 6251
Sw 57 STREET WITHIN THE CAMBRIDGE LAWNS HISTORIC DISTRICT
A RESOLUTION RELATING TO THE ISSUANCE OF A CERTIFICATE OF'
APPROPRIATENESS PURSUANT TO SECTION 20-519(7p OF THE LAND
DEVELOPMENT CODE TO PERMIT THE INSTALLATION 0- A DRIVEWAY CAR
CANOPY IN A SINGE FAMILY RESIDENCE LOCATED AT 6142 SW 56th STREET :
WITHIN THE CAMBRIDGE LAWNS HISTORIC DISTRICT. '
If you have ahy inquiries on the above items please contact the City Clerk's offu eat:"
305- 663 - 6326.
ALL interested parties are Invited to attend and will be heard.,
Maria M: Menendez, CMC
City Clerk
Pursuant to Florida $tahnes 286.0 tha CNy hereby advises fhb public That N a person decides in appeal
any decision made by this Board Agency or Comme. on yriM respect ro am/ matter c�onsaHec ed waling
or hearing,- he or she vAll need a record of Me p cceendinnssls made wb ch rergrd NcWdes •the tacit '-
- 'need'lp epa+rY fbatR�'arballvi Rcdid of iha Pre a � v.. ! .
evidedcbttpohai htheeO.91 dlntils btit4ad .p
'� i+-- �•�uww�,� >� > >�._.,..>.�M <.r.. Neu:'( "
F_..._-
Formatted
1
I ORDINANCE NO.
2
3
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
4
I CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDING,
- Deleted: CREATING
5
SECTION 8A OF THE CITY'S CODE OF ORDINANCES ENTITLED
6
I "CODE OF ETHICS" TO INCLUDE A NEW SECTION 8A -2, WHICH'
7
SECTION SHALL BE ENTITLED: "CODE OF CONDUCT FOR ALL
8
I PUBLIC,, OFFICIALS " - PROVIDING. FOR SEVE_R_A_B_ IL_ I_T_Y_ ,
_ -
Deleted: ELECTED OFFICIALS,
9
ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.
AND BOARD MEMBERS
10
Deleted:
1 l
WHEREAS, the Mayor and City Commission of the City of South Miami desire to
12
maintain the highest moral and ethical standards amongst its elected and appointed officials and
13
employees; and,
14
15
WHEREAS, $he_ city desires to _ maintain _ the of_the_public because such
- Deleted:
16
- _confidence
confidence is essential to the conduct of free government; and,
17
18
WHEREAS, elected and appointed officials are the agents of the people and hold their
19
positions for the benefit of the citizens of South Miami and the South Florida community; and,
20
21
WHEREAS, the proper operation of democratic government requires public officials and
22
employees that they be independent and impartial when establishing policy and that their
23
positions never be used for personal gain; and,
24
25
WHEREAS, the city has adopted its ethics code which is based upon the state ethics
26
requirements of chapter 112, Florida Statues and the Miami -Dade County code of ethics found at
27
section 2 -11.1; and,
28
29
WHEREAS, the current ethics code relates predominantly to economic or personal gain
30
and a code of ethical conduct is necessary for the guidance of public officials; and,
31
32
WHEREAS, the city seeks to provide further direction to the public officials and
33
employees relating to the city's code of conduct which provid ee4 thical standards for all public :
> - Deleted: we behavioral
34
officials; and
35
36
WHEREAS, the Mayor and City Commission desire to amend the city's ethics code to -
37
provide additional direction to board members relating to a proper code of conduct in order to
38
ensure the proper operation of democratic government.
39
40
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
41
COMIMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
42
43
Section 1. Chapter 8A of the City Code is amended as follows:
44
45
Sec. 8A -1. Conflict of interest and code of ethics ordinance.
46
**
Additions shown by underlining and deletions shown by o rig
Page l of 13
Sec. 8A -2. Code of conduct for all elected officials and board members.
(a) Declaration of policy. High moral and ethical standards among public officials, both
elected and appointed, and public employees are essential to gain and maintain the confidence of
the public because such confidence is essential to the conduct of free government. They are the
agents of the people and hold their positions for the benefit of the people. The proper operation
of democratic government requires that _public officials Je_independent and_ impartial_ when ,-
establishing policy and that their positions never be used for personal gain.
All elected and appointed officials, City employees, and others who participate in the City's
government are required to subscribe to Chapter 8A of the city code entitled Code of Ethics and
the Conflict of Interest and Code of Ethics Ordinance codified at Section 2 -11.1 of the code of
Miami -Dade Coun1y. appointed officials, City employees, and others who
participate in the City's government are required to understand how those ordinances _ apply to_ _ -
their specific responsibilities, All elected and appointed officials shall receive a copy of this
- - - - -- - - - --
ordinance and certify to the city clerk that they will subscribe to the standards delineated in the
code when carrying out their responsibilities.
(b) pefinitions. Below is_a list of terms with their associated meanings. The following
terms shall for purposes of interpreting this Code of Conduct shall have the meanings
indicated below.
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, courted
Conduct: The way one acts; personal behavior.
Courtesy: Politeness connected with kindness.
Decorum: Suitable; proper; good taste in behavior.
Grandstanding: Utilizing public meeting time ostentatiously and hampering the efficient
conduct of business.
Manners: A way of acting; a style, method, or form; the way in which thing are done.
Point of order: An interruption of a meeting to question whether rules or bylaws are being
broken, such as the speaker has strayed from the motion currently under consideration.
Point of personal privilege: A challenge to a speaker to defend or apologize for comments
that a fellow member considers offensive.
Additions shown by underlining and deletions shown by °° erstfi inn.
Page 2 of 13
Deleted: of
Deleted: that they
Deleted: A code of ethical conduct is
necessary for the guidance of all public
officials (elected and appointed), beyond
that which is provided for under section
8A -1, above
Deleted: this Code,
Deleted: it
Deleted: ies
Deleted: and practice the eight core I
values in their work.
Deleted: Because the city seeks public
confidence in the City's services and
public trust of its decision - makers, the
city's decisions and work must meet the
most demanding ethical standards and
demonstrate the highest levels of
achievement in following this code.
Formatted: Font: Bold
I Propriety: Conforming to o acceptable standards of behavior.
2
3 Protocol: The courtesies that are established as proper and correct.
4
5 Public Disruption: behavior that disrupts the rp oceedings in a manner obviously hostile to
6 the purpose of the meeting
7
8 Public Official. Shall mean any appointed or elected official and specifically includes but
9 is not limited to the Mayor and City Commission, ERPB board members, Planning and
10 Zoning Board Members Historic Preservation Board Members Pension Board Members
11 ' Parking Board Members and Budget and Finance Committee Members.
12
13 0
14 (g) .. Minimum Standards. This Code of Conduct is desned to address the manner in '
----------------------
15 which public officials should treat one another, city staff, constituents, and others they `
16 come into contact with in representing the City of South Miami.
17
18 ublic officials are called upon - to _ exhibit_ appropriate behavior at all times. Demonstrating_,
19 respect for each individual through words and actions is the touchstone that can help guide
20 I public officials to take appropriate actions even _the most difficult situations._ The _city's_
21 Code of Conduct includes the following minimum standard
22 - - -- - -- --
23 1. Uphold the Unite_ States and _Florida- Constitutions, laws 'and regulations and -the
24 City of South Miami's Charter, ordinances and regulations, and never knowingly be a party It
25 tOlr eVlSlon. p
26 -`
27 12. Place the City's rules, codes and interests ahead of any group or individual interests
28 or concerns _ o public_ official shall put individual concerns or interests before that-of-the
29 city and the city's code of ordinances, before, during or after making a recommendation or -,,
30 a decision on a pending application.
c
31
32 13. Seek to find and use the most equitable, efficient effective and economical means
......... _ __ .. ..._ .. ... -
33 for getting tasks accomplished, and not unnecessarily burdening staff with time consuming,
34 unnecessary or frivolous requests related to a personal concerns or individual points of
i
35 view.
36
37 4. _ Adopt policies (and programs,,_as applicable) that support the rights and recognize
38 I the needs of all citizens regardless of race, sex, sexual orientation,`age, religion, creed, `
39 country of origin or disability. Avoid adopting policies (or supporting programs) or l`
40 engaging in activities that discriminate against or offend individuals because of race, sex,
41 I sexual orientation, age, religion, creed, country of origin or disability.
42
43 �5_ Ensure the integrity -of the actions of _each board or_the City Commission_by;
44 avoiding discrimination through the dispensing of special favors, or unfair privileges to
45 anyone, whether for remuneration or not ,r
Additions shown by underlining and deletions shown bye
Page 3 of 13
Deleted: $
Deleted: b
Deleted: The City Charter provides
detailed information on the roles and
responsibilities of commissioners, the
Vice Mayor, and the Mayor. The City's
Code of Ethics provides guidance on
ethical. issues and questions of a conflict
of interest. Until now, what has not been
clearly written down is a Code of
Conduct for all the city's public officials
(elected and appointed) and its
employees.
Deleted: describe
Deleted: The constant and consistent
theme through all of the conduct
guidelines is "respect." Public officials
experience huge workloads and
tremendous stress in making decisions
that could impact thousands of lives.
Despite these pressures, elected
Deleted: do the right thing in
Deleted: c
Deleted: c
Deleted: , and is further expounded
below as to the mechanism for achieving
these goals
Deleted: u
Deleted: .
Deleted:.
Deleted: of the United States the State
of Florida,
Deleted: the
Deleted: Put loyalty to the highest
moral principles and to the City as a
whole above loyalty to individuals,
districts, or particular groups, thus
Deleted: n
Deleted: Give a full measure of effort
and service to the position of trust for
which stewardship has been granted by
giving earnest effort and best thought to
the performance of duties, and
compliance with the city's code of
ordinances.¶
4..
Deleted: 5
Deleted: 6
Deleted: Comply with applicable
Ethics Code
I
6. Make no private promises of any kind binding upon the duties or any office, since a _, -
Deleted: 7
2
public official is a public servant, and should have no private work which can be binding :._ -
Deleted: has
3
- - - - - --
on public duty,
4
5
7. Do not take public positions or engage in any activity that advocates or supports a
Deleted:
6
anapjicant, group, manization, business or position on any m atter or issue that will
7
come before your respective board or committee. No appointed public official shall
8
advocate, lobby, or hake any action involving the community or the city commission on an
9
item that has been considered or is to be heard by that appointed public official's poard or - -
Deleted: advisory
10
committee. The appointed,board _ or committee, as a- whole, shall _ issue _a recommendation_ -:-
Deleted: advisory
11
in its official capacity' to the city commission. The individual appointed board or
12
committee members shall not advocate to the public, or appear before the city commission
13
on an item upon which their respective board or committee will consider or has considered,_. _ - -
Deleted: aposition
14
as doing so-would provide an appearance of undue influence_, bias and improper conduct. '' `
Deleted :y
15
An appointed public official 'may only appear before the city commission on matters 1'
Deleted: have voted,
16
considered or to be considered by their respective board or committee if specifically
17
invited by the commission to do so. Appointed public officials may, however, appear
18
before the City Commission on all other city business. _ _ _ _. -
Deleted: An appointed public offrcial
19
may appear before the city commission
20
8. Never use _ any information gained confidentially _ in _ the _ performance of
if specifically invited by the commission
to do so.'
21
_
governmental duties as a means of making private profit.
Deleted: a
22
23
99, Expose through appropriate means_ and channels, corruption, misconduct or neglect_;, Deleted.9
24
of duty whenever discovered.
25
26
;1.0" Adhere to the principle that the public's business should be conducted in the -
Deleted: to
27
_
- - - - - -- - -- ----------------------------
Sunshine and following the letter and spirit of the Sunshine law by using closed meetings
28
only to deal with certain legal and labor matters as provided under Florida law.
29
30
( 11, Avoid using p, position of public trust to gain access to the media or the dais for . -
Deleted: 1
31
-the- _;
purposes of criticizing colleagues, other public officials, citizens o- r staff; impugning their
Deleted: the
32
integrity or vilifying their personal beliefs.
33
34
1 Make sure, when responding to the media, or to publlic comments, that a clear .. -
Deleted: 2
35
- -- -
distinction is made between personal opinion or belief and a decision made by the
36
applicable board, committee or City Commission.
37
38
13, Pledge to honor and uphold these principles,_ ever conscious that office -
Deleted: s
39
_public
(whether appointed or elected) is a public trust.
40
41
I
Deleted: 14. - Failure to adhere to this
42
------------------------------------------ _ _. _. _ ......_ _ _ ... _ .....
provision shall result in the removal of
the appointed public official
43
(d) City Meeting ............................................. F. _._
� - -, °.
Formatted: Indent: Left: 18 Pt
44
Formatted: Bullets and Numbering
45
1__ The Mayor will chair official meetings of the City Commission, unless the Vice-Mayor, �. \
Deleted: Overview of Roles&
46
or another Commissioner is designated as Chair of a specific meeting. The Chair maintains
Responsibilities.
Formatted: Indent: Left: 18 pt
Additions shown by underlining and deletions shown by everstfik- ng.
Page 4 of 13
10
11
12
13
14
15
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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.
2. Board and Committee .Meetings ............................................ Formatted: Font: Bold
-- - - - - - - - - - - - - - - - - - - - - - -' Formatted:Font:Bold
The board or committee chairman will chair official meetings of their respective board or Formatted: Font: 12 pt
committee, unless the Vice -Chair or, another Member is designated as Chair of a s ep cifc
meeting. The meeting Chair maintains order, decorum, and the fair and equitable
treatment of all speakers; keeps discussion and questions focused on the specific agenda
item under consideration; and makes parliamentat rulings ulings with advice, if requested,
from the Board Attorney (where applicable) who acts as an advisory parliamentarian.
Chair rulings may be overturned if a Member makes a motion as an individual and the
majority of the Board votes to overrule the Chair.
(e) Rules of Decorum
- - j Formatted: Indent: Left: 4.5 pt
(1) All Public Officials shall practice civility and decorum in discussions and debate.. - " Formatted: Indent: Left: 18 pt
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.
(2) All Public Officials shall honor the role of the Chair in maintaining order. It is- - - Formatted: Indent: Left: 18 pt,
the responsibility of the Chair to keep the comments of commissioners or board No bullets or numbering
members on track during public meetings. Public Officials shall honor efforts by the
Chair to focus discussion on current agenda items and to halt non - productive
grandstanding. If there is disagreement about the agenda or the Chair's actions, those
objections shall be voiced politely and with reason, following procedures outlined in
parliamentary procedure.
(3) Avoid personal comments that could offend other persons. If an individual- - -" ' Formatted: Indent: Left: 18 pt
member of the Commission board or committee is personally offended by the remarks of
another member the offended Public Officials shall make notes of the actual words used and
call for a "point of personal privilege" that challenges the offending member to 1 stify or
apologize for the language used. The Chair will maintain control of this discussion.
(4) Demonstrate effective problem - solving approaches: The City Commission- - - Formatted: Indent: Left: 18 pt
and each public board and committee has a public stage to show how individuals with
Additions shown by underlining and deletions shown by ever-striking.
Page 5 of 13
disparate points of view can find common ground and seek a compromise that benefits
the community as a whole.
Public Officials should refer to one another formally during public meetings by
their official titles followed by the individual's last name
JU Public Meeting and jjearing Protocol: Formatted: Font: 12 pt, Bold
o
Formatted: Font: 12 pt, Bold
(1) After the report and staff recommendation is made, the applicant or appellant shall have a,,,'
Formatted: Indent: Left: 4.5 pt
the right to speak first. The Chair will determine the length of time allowed for this
Formatted: Font: 12 pt
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
Formatted: Font: Bold
the standard time granted. The applicant or 'appellant will be allowed to make -losing the
Font: Bold
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.
(2) Public Officials should not express opinions during the public hearing portion of the+ - -
Formatted: Indent: Left: 4.5 pt
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.
- -
Formatted: Indent: Left: 4.5 pt,
(3) Only the Chair— not individual commissioners board or committee members -- can-
interrupt a speaker during a presentation. However, a commissioner, board or Committee
Formatted: Indent: Left: 4.5 pt
member can ask the Chair for a point of order if the speaker is off the topic or exhibiting
behavior or language the commissioner or member finds disturbing. If speakers become
flustered or defensive by question or comment, it the responsibility of the Chair to calm and
focus the speaker and to maintain order and decorum of the meeting. Questions by Public_ -
Formatted: Font: 12 pt
Officials to members of the public testifyin g should seek to clarify or expand information. It is r _ --
Formatted: Font:lz pt
never appropriate to belligerently challenge or belittle the speaker., ' ---------------------
Formatted: Expanded by oa pt
Formatted: Indent: Left: 72 pt
(4 ) No signs of partiality, prejudice or disrespect should be evident on the part o - - - _
individual ublic Officials toward an Individual participating-in- a ublic forum. Ever y-
Formatted: Indent: Left: 4.5 pt
- - - —p - - -
effort should be made to be fair and Impartial in listening to public testimony. f
Formatted: Font: 12 pt
(5) Be respectful of diverse opinions. A primary role of the city commission and the various- - - - -(Formatted:
Indent: Left: o pt
boards and committees is to represent many points of view in the community. Decisions by the
City Commission and the city's various boards and committees should be based on a full
spectrum of concerns and perspectives. No discriminatory comments or derogatory remarks shall
be acceptable. No jest made to the detriment of any recognized group (religious, ethic, national
origin, sexual orientation, age, or racial) shall be considered appropriate humor.
Additions shown by underlining and deletions shown by ever-striking.
Page 6 of 13
(6) No quasi-judicial item may be discussed during an agenda, unless the item to be
Formatted: Indent L e
: eft: opt
udicial item, or during the actual public
discussed is a procedural question related to the quasi-judicial
i-
Formatted: Font:: pt
hearing on the quasi - judicial item, with the applicant present. Furthermore, no discussion by
Formatted: Font: 12 pt
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
Formatted: Indent: Left: 4.5 pt
shall ensure the integrity of the hearing process and ensure proper due process is provided to
;'' ,
Formatted: Font: 12 pt
any applicant, should an appeal be taken and the matter remanded back to the city commission.
,;'
q
Formatted: Indent: Left: 4.5 pt,
Hanging: 13.5 pt
9
o' 4
Formatted: Indent: Left: 36 pt
(7) All public speakers including citizens shall practice civility and respect
. ...... .g -,
during public comments or during a public hearing. Difficult questions, tough challenges to a
Formatted: Indent: Left: 4.5 Pt
particular point of view, and criticism of ideas and information are legitimate elements of a
;'
Formatted: Font: Bold
free democracy in action. However, the public speaker should refrain from making belligerent,
Formatted: Font: Bold
personal, impertinent, slanderous, threatening, abusive, or disparaging comments. No shouting
,;,'' ,'
Formatted: Font: Not Bold,
or physical actions that could be construed as threatening will be tolerated. The public s
1, ;41"
Expanded by 0.3 pt
should avoid personal comments that could personally offend any commission member, board
'; iy,;`
Formatted: Font: 12 pt
or committee member or any member of the communit)� at large
y i 4 ;
Formatted: Font: 12 pt
Formatted: Font: Bold
Formatted: Font: Bold
I Non- agenda Items: During a designated period of the agenda citizens, public officials�i
; ,';ij
Formatted: Font: Bold
- - - --
that are not on the meeting's a enda. Topics should
and staff may bring for issues or questions g p
q, 11 Formatted: Font: Bold
De legislative items requiring action by the Mayor•, or the Commission, study issues for
,
future consideration, and requests for info •mation. Each citizen will be limited to five minutes.
Similar rules should be applied by the chair of the various boards and committees of the City.
(h) Motions: Main motions maw followed by amendments followed by substitute_,, I,'1
motions. Any member can call for a point of order. Public Officials who voted on the
,
------- - - - - -- -ski
I
prevailing side may make motions to reconsider.'
�h
(0 - J!ubllc Announcements in Meetings: Public Officials who want to make,
announcements recognize achievements, promote an event or make presentations should notify
the Chair in advance Public Officials will be limited to five minutes each, unless they request
and receive additional time from the Chair, and should keep the focus on matters of community -
I
wide interest.
I,
�I
(i) :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. ! ;
- -- - - --
N /
----------- - -...
r
c-- - - -- -- - -- - ---- --- -- - - -/
lc _iC. P o g
orres ndence Signatures: _ ....... - -- - -- -- - - - - -- -------------------------- _ ...... .._._._..
(1) Public Officials,, do not need to acknowledge the receipt of correspondence, or copies of
correspondence, during Commission meetings or othier official Ci , meetings. City staff will
Additions shown by underlining and deletions shown by ^• efstriking
Page 7 of 13
Deleted:
Deleted: MAYOR: Acts as the
official head of the City for all
ceremonial purposes; Chars
Commission meetings; Calls for special
meetings; Recognized as spokesperson
for the City; Makes judgment calls on
proclamations; Recommends
subcommittees as appropriate for
Commission approval;. Serves as the
liaison between the Commission and the
City Manager and City Attorney in
regards to employee relations; Leads the
Commission into an effective, cohesive
working team; Signs documents on
behalf of the City; and Serves as official
delegate of the City to the Florida
League of Cities and other events and
conferences
Formatted: Indent: Left: 27 pt
Formatted: Bullets and Numbering
Deleted: ¶
< # >VICE MAYOR: Performs the duties
of the Mayor if the Mayor is absent or
disabled; Chairs Commission meetings
at the request of the Mayor; Represents
the City at ceremonial functions ., 1
Formatted: Indent: Left: 4.5 pt
Formatted: Bullets and Numbering
Deleted: Policies & Protocol 2
Formatted: Font: Bold
Deleted: Public officials do not
prepare official letters in response to public inquiries and concerns. Jf- correspondence is- - Deleted: These letters will easy the
addressed only to one Public Official that Public Official_should check with staff on the requetsthatteybesigndby another
requests that they be signed by another
best way to respond to the sender. At all times, Public Officials Will make sure to comply Commissioner or City staff person.
with the City's quasi-judicial procedures, comply with the Jennings Rule, and adheres, to Deleted: Commissioner
the state's unshine laws.
A
(2) 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 Ci1y response has already been sent or is in progress.
LD _ _ _ ,Conduct with City Staff.
-------------------------------------- - - - - -- `
r �
Governance of a City relies on the cooperative efforts of all Public Officials - The City
Commission sets policy, and the City Manager together with City staff implements and
administers the Commission's policies. allow proper_ governance and to ensure non-
interference with the City—manager's application or implementation of the city
commission's policies, Public Officials shall comply with the following guidelines: ;,ll
(1) Public Officials_ shgAt treat_ all staff as_ _professionals with clear, honest p'
communication that respects the abilities, experience, and dignity of each individual is iilli i
expected. Public officials shall, maintain an attitude of courtesy -and consideration-toward
all colleagues, public officials and staff during all discussions and deliberations.
Q� _ _ Questions /inquiries to City staff: - _ _ _
(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 or
appointed 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 ? ").
Additions shown by underlining and deletions shown by
Page 8 of 13
Deleted: Commissioner
Deleted: 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, a
Deleted: the pubic officials, whether
elected or appointed
Deleted: ensure compliance with
Deleted: s
Formatted: Indent: Left: 4.5 pt
Formatted: Font: Bold
Deleted: 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.¶
<#> Intergovernmental Relations: The
Commission may hold a quarterly
meeting on intergovernmental
relations (IGR) to assign specific
public officials to take a leadership
role on new issues and to hear updates
on pending issues. A Chair for each
Commission Subcommittee sho „ g
CF.-rmatted* Font: Bold
Deleted: Public Announceme 4
Formatted: Font: Bold
Deleted: Public official
112ieted _elected and appointed
Deleted: who
Deleted: The city manager is t 6
Deleted: t
Deleted: it is prudent to provid
Deleted: Public officials
Deleted: ould
Deleted: cold
Deleted: Poor behavior by pub g
Formatted: Indent: First line: 0 pt
Deleted: 1
i
Deleted: .
Deleted: Public officials q
I (D) Non- Routine Requests Requiring Special Effort. Any Public official Deleted: or to the City Attorney, as
2 request or inquiry that requires staff to compile information that is not readily appropriate
3 available or easily retrievable and/or that requests staff to express an opinion (legal <' Deleted: How many Study Issues
4 or otherwise) must be directed to the City Manager, le.g , "Please provide a matrix ,' completed over the past five years have
- -- - -- - � required 500 or more hours of staff time?
5 reconciling data from various traffic and parking studies in Hometown Overlay — —
�� Deleted: , or "What is the logic behind
6 Distric r The City Managed shall be responsible - - - distributing - - - - - - such requests to y the City's sign ordinances affecting
7 his/her staff for follow -up. Responses to such requests shall be copied to all public businesses along El Camino Real?
8 officials on the board, the City Manager, the City Attorney as appropriate and Deleted: for city Attorney as
9 affected Department Heads. The procedure outlined in this subsection does not appropriate)
10 preclude a Public Official from making a public records request under Chapter Formatted: Indent: Left: 72 pt
11 119 Florida Statutes. Formatted: Bullets and Numbering
12 „' Deleted: or City Attorney, as
13 (E)TMeeting Requests. Any Public official request for a meeting with staff must` appropriate
14 I be directed to the City Manager When in doubt about the appropriateness of a Formatted: Indent: Left: 72 pt
15 communication with staff, public officials shall ask the City Manager for advice. Formatted: Bullets and Numbering
16 formatted: Indent: Left: 9 pt
17 (F) Public Safety Restrictions. Under certain circumstances, requests for' Formatted: Bullets and Numbering
18 information regarding operations or personnel of the Department of Public Safety Deleted: in meetings, on the phone, or
19 may be legally restricted under state law to protect minors, certain victims and ;` Formatted: Indent: Left: 4.5 pt,
20 law enforcement officers and their investigations. Accordingly, it shall be the No bullets or numbering
21 policy of the City of South Miami to strictly comply with all applicable legal Deleted: cold
22 authorities governing the release of Public Safety information and records. a ' Deleted: Comments about staff in the
23 11t� ' made directly to the City Attorney.
24 I (3) Do not disrupt City staff from their jobs. public officials should not disrupt City,
,
25 staff while they are , engrossed in performing their job °functions_ in order - to have their ; ,; Formatted: Bullets and Numbering
26 individual needs met.
' ' ' Deleted: Do
27 i i ; ' Deleted: get
28 (4) Never publicly criticize an individual employee. Public officials shy never express- ---- Deleted: must
29 concerns about the performance of a City employee in public, to the employee directly, or to the ; Deleted: [see cone of Ethics]
30 employee's manager. Comments about staff performance should only be made to the City Formatted: Bullets and Numbering
31 Manager through private correspondence or conversation. _ _ _ - _ _ _ _ , , , ; Deleted: Public officials are to check
j/ with City staff on correspondence before
r taking action Before sending
33 15) Public Officials shall pat become _ involved in administrative functions. Public officials -, , correspondence, public officials should
34 shall of attempt to influence CI staff on the'makin of a ointments, awardin of contracts City response rhas already been sent or is
atte p City staff - -... --- g - -ap- - - -- - - -- -- g - - --
35 selecting of consultants processing of development applications, or granting of City licenses and i in progress.
36 l
ermts
p v------------------------------------------------------------- Formatted: Bullets and Numbering
37
38 Deleted: Do
I ,,
- __ _ _... - _ ._ Deleted: Even if the public official
39 _.. _ _
i,� does not say anything, the public
40 6 Public officials shall _ not attend meetings with City staff unless requested _b _ staff. This4," official's presence implies support,
�' - - - - - shows partiality, intimidates st
41 restriction does not apply to board or committee members sitting in on meetings concerning
42 matters that do not come before their respective boards or committees for consideration. Formatted: Bullets and Numbering
43 Deleted: Public ofricials sho 10
44 ,LJ quests_for,staff support, shall be made to the City Manager who is responsible for•'; Deleted: additional
1_.
45 allocating City resources{ - - - - - - - - - - - - - - - - - - - - - -- ` Deleted: —
46 Deleted: even in high priority ,,, 11
Deleted: in order to maintain 12
Additions shown by underlining and deletions shown by everstriking.
Page 9 of 13
1
2
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
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32
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8) Public Officials shall not solicit political support staff. Public officials should notes- - - Formatted: Bullets and Numbering
solicit any type of political support (financial contributions, display of posters or lawn signs, ' ( Deleted: Do
name on support list, etc.) from City staff. City staff may, as private citizens with constitutional Deleted: I
rights, support political candidates but all such activities must be done away from the workplace. (g) -Commission Conduct with The
• - - - - - - - - - - - - - - - - - - - - - - -------------------- i
(m) Conduct with 1V1embers of the Public --------------------------------------
(1) Make no promises on behalf of the entire body. Public officials will frequently be
asked to explain an action of the body or to give their opinion about an issue as they
meet and talk with constituents in the community. It is appropriate to give a brief
overview of City policy and to refer to City staff for further information. It is
inappropriate to overtly or implicitly promise action by the body, or to promise City staff
will do something specific (fix a pothole, remove a library book, plant new flowers in the
median, etc.).
(?i Make no personal comments about other public officials It is acceptable to-I
publicly disagree about an issue, but it is unacceptable to make derogatory comments
about other public officials, their opinions and actions. +,
,ot
,
;(nil ,Conduct with Other Public Agencies.
-- -- -- --- - ----I
'(1) _Public officials should be clear_about representing the city, a board of the city or d
h
personal interests. If a public official appears before another governmental agency or 11, d 'hil
organization to give a statement on an issue, the public official must clearly state: 1) if his
or her statement reflects personal opinion or is the official stance of the City; 2) whether 'I,
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.
,' ,,
(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
Conduct With Boards and-Commissions -
(1) Public Officials, p generally attend any "ic 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-
Additions shown by underlinine and deletions shown by Wig.
Page 10 of 13
Public.
(1) . IN PUBLIC MEETINGS¶
< # >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 public
forum. Every effort should be made to be
fair and impartial in listening to public
testimony.¶
< # >Be welcoming to speakers and treat
them with care and gentleness. The way
that public officials treat people during
public hearings can do a lot to make
them relax or to push their emotions to a
higher level of intensity. Public officials
should be fair and equitable in allocating
public hearing time to individual
speakers. The Chair will determine and
announce limits on speakers at the start
of the public hearing process. Generally,
each speaker will be allocated five -
minutes with applicants and appellants
or their designated representatives
allowed more time. If many ape ,,, (131
Formatted: Indent: Left: 72 pt
Formatted: Font: Bold
Formatted: Indent: Left: 4.5 pt,
Hanging: 31.5 pt
Formatted: Bullets and Numbering
Formatted: Font: Bold
Formatted: Indent: Left: 36 pt
Formatted: Indent: Left: 36 pt
Formatted: Bullets and Numbering
Deleted: Remember that South Miami
is a small town at heart. Public ,,, (141
Deleted: h
Deleted: Commission
Deleted: (1
Deleted: If the Public official is
representing another organizati ,,, (151
Deleted: i
Deleted: Commission
Deleted: The City has established the
city commission and several ad ... [16]
Deleted: Public officials
Deleted: board or commission
Deleted: public official
I office. However, Xublic Officials should be sensitive to the way their participation, could be _ . - Deleted: P
2 viewed as unfairly affecting the process. �foIy public comments by an appointed public Deleted: o
3 official at a the city commission meeting ma�be_ made the oard or committee's`, Deleted: especially if it is on behalf of
4 recommendation is presented, unless that board or committee member is specifically invited to an individual, business or developer --
5 speak by the Mayor or by the Commissions Deleted: It is recommended that n
- -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- --
6 << Deleted: different board's or
7 (2"t is inappropriate for a Xublic Official to contact a committee, board or commission,, _mission -� Deleted: to which
... - - - ....
8 ember to lobby on behalf of an individual, organization, business, or developer. Nor is '� Deleted: advisory
9 cceptable for Public Officials to contact board or commission members in order to clarify a `o\\1\\ '
F ------- - - - - -- -- - -- -- - - -- - - - - - - iDeleted: be made related toan item
10 osition taken b their respect committee, and or Commission: An such contact should be !1 P1 \ \ upon which that public official has voted
Y p bo _ y- --
11 ccu in com liance with tl>is ordinance and the state's Sunshine requirements. _ or issued an advisory opinion regarding.
12 Formatted: Indent: Left: -9 pt,
13 (3) The City Commission, together with the various hoards and committee_§- serve the+I;+',+;,';J First line: 9 pt
14 community, not individual public officials. The City Commission appoints individuals l'.!!';! +p Formatted: Bullets and Numbering
15 (appointed public officials) + o , +` Deleted: Limit contact with Board and
ficials) to serve on hoards _and committees and -it is the responsibility _ - II, +i;+ ,P, Commission members to questions of
16 boards and committees to follow policy established by the City Commission. But the board and +', clarification
,
17 committee members do not report to the individual City Commissioners. No public Official +l; Deleted: n
18 whether on the city ommission or an board or committ ee ha the Power or ri ht to threaten i',, +`
tY Y•* -- - - - - -- - - - -p -- - - -- g t ------ I l',d + Deleted:o
19 any other board, committee and /or commission member. Appointment and re- appointment to a
,+ ,, Deleted: See the city's code of Ethics
20 board or committee should be based on such criteria as exertise, abilityto work with staff and '++,',o and lobbying code.
--------------------------------------------- - ----- - - - - -21 the public, commitment to fulfilling official duties, and compliance with the Code of', } +i Deleted: o
22 Conduct and Code of Ethics. A board or committee appointment should not be used as a ',il 1,'p +; Deleted:s
23 political "reward." Failure to adhere to this code, by any appointed public official shall result in �';•''
� p,, � p+ Deleted: hand
24 removal from the advisory board or committee.
+,''i,, Deleted: e
26 Formatted: Bullets and Numbering
Deleted: Remember that b
27 (p) Commission Conduct with The-Media ._ _ - _ - _ _ - - _ _ _ _ - - - - _ - - _ _ h
- - - - - - - - - - - - - - - - ,h ',d'J Deleted: commissions
28 a ,
29 Public Officials are frequently contacted by the media for background and quotes. �Vlost +;, Deleted: B
_.
30 members of the media represent the highest levels of journalistic integrity and ethics, and can be'r; +p, +';,+ Deleted: p
31 trusted to keep their word. But one bad experience can be catastrophic. Words that are not II;; °p`, !';,+ Deleted .- o
32 said cannot be quoted. The Mayor is the official spokesperson and representative of the City's , Deleted: advisory
33 position. The Mayor is the designated representative of the Commission to present and speak on + +'; Deleted, feel they
34 the official City position. If an individual public official is contacted by the media, the public +', 0 --
35 official should be clear about whether their comments represent the official City position or a i';, ',+ Deleted: ve
Deleted: B
36 personal viewpoint. The public official should choose words carefully and cautiously.
1,+'' Deleted: Be respectful of diverse
37 Comments taken out of context can cause problems. Be especially cautious about humor, ,, opinions. Aprimary role of die various
38 sardonic asides, sarcasm, or word play. It is never appropriate to use personal slurs or swear advisory boards and the city
p,; Commission is to represent many points
39 words when talking with the media. t";e of view in the community. Boar . 17
40
!� +,+ Formatted ' . 18
41 cq,) ._ :..._Sanctions.
_ ...._ _ :.... - - = - p
42 Formatted
... 19
43 (1) Public Disruption. Members of the public who do not follow proper conduct after a Deleted: i
44 warning in a public hearing shall be barred from further testimony at that meeting or removed Deleted: commissioners
45 I from the Commission Chambers. .............................................. Deleted: The best advice for F.—.r2-01
46 Deleted. k
Deleted: A second offense wi .. 21
Additions shown by underlining and deletions shown by ^°°r
Page l l of 13
1 (2) Inappropriate Staff Behavior. Public officials should refer to the City Manager any City
2 staff who do not follow proper conduct in their dealings with Com_ mis_sioners, board
R--------------- -
3 members, other City staff, or the publics These employees may be disciplined in
4 accordance with standard City procedures for such actions
5
6 (3) Public Officials Behavior and Conduct. Public officials who intentionally and repeatedly
7 do not follow proper conduct may reprimanded or formally censured by the Commission.,
8 Serious infractions of the Code of Ethics or Code of Conduct could lead to other sanctions as ;
9 deemed appropriate by Commission and as provided udder law. Failure of an appointed public ;
10 official to comply with the city's, county's and state's ethics codes shall result in removal
11 of the public official.
12 i
13 (4) appointed Public Officials. Violation of this code by an appointedublic official, J
14 for a first offense, shall result i-n sanctiohs, which sanctions may include removal of the
15 I appointed public official from the board_or committee. A second violation of this code by
16 an appointed public official shall result in removal of that appointed public this
from
17 the oard or committee.
18
19 ( ...... Section 2. If any _section,_ clause, _sentence, or phrase_ of this ordinance is for any_,,',
20 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
21 affect the validity of the remaining portions of this ordinance.
22
23 Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ; +.
24 ordinance are repealed. +'
;i
25
26 Section 4. This ordinance shall be codified and included in the Code of Ordinances +,
i
27 upon final enactment. +
28
29 Section 5. This ordinance shall take effect immediately upon enactment.
30
;
i
,
;
i
Additions shown by underlinin and deletions shown by ever-striking
Page 12 of 13
Deleted: or to the City Attorney any
City Attorney's staff
Deleted: (Please refer to the section on
Commission Conduct with City Staff for
more details on interaction with Staff).
Deleted: lose seniority or committee
assignments
Deleted: Relation to Ethics Code.
Public officials should point out to the
offending public official infractions of
the Code of Ethics or Code of Conduct.
If the offenses continue, then the matter
should be referred to the Mayor in
private. If the Mayor is the individual
whose actions are being challenged, then
the matter should be referred to the Vice
Mayor. It is the responsibility of the
Mayor to initiate action if a public
official's behavior may warrant sanction.
If no action is taken by the Mayor, the
alleged violation(s) can be brought up
with the full Commission in a public
meeting. If violation of the Code of
Ethics or Code of Conduct is outside of
the observed behaviors by the Mayor or
Public officials, the alleged violation
should be referred to the Mayor. The
Mayor should ask the City Manager
and/or the City Attorney to investigate
the allegation and report the findings to
the Mayor. It is the Mayor's
responsibility to take the next
appropriate action. These actions can
include, but are not limited to: discussing
and counseling the individual on the
violations; recommending sanction to the
full Commission to consider in a public
meeting; or forming a Commission ad
hoc subcommittee to review the
allegation; the investigation and its
findings, as well as to recommend
sanction options for Commission
consideration. Videotaping ofthe
complaint hearing should be used for a
Commission ad hoc subcommittee.¶
(5) -
Deleted: advisory
Deleted: advisory
Deleted: 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 preclude 22
Deleted: (1) . Principles of Proper
Conduct. ¶
< # >Proper conduct IS ...¶
I
< # >Keeping promises¶
< #> Being dependable¶ F.7r231
1
PASSED AND ADOPTED this _
day of , 2007.
2
3
4
ATTEST:
APPROVED:
5
6
7
CITY CLERK
MAYOR
8
9
1St Reading —
10
2 °d 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 1 Office of City Attorney
Additions shown by underlining and deletions shown by e�erstrikifig
Page 13 of 13
Page 7; [1] Deleted Ifigueredo 3/7/200711:45 :00 AM
VICE MAYOR: Performs the duties of the Mayor if the Mayor is absent or
disabled; Chairs Commission meetings at the request of the Mayor; Represents
the City at ceremonial functions at the request of the Mayor.
ALL COMMISSIONERS: All members of the City Commission, including those
serving as Mayor and Vice Mayor, have equal votes. No Commissioner has more
power than any other Commissioner, and all should be treated with equal respect.
This same rule applies to all public officials on any elected or appointed board.
ALL PUBLIC OFFICIALS should fully participate in City Commission meetings
and other public forums while demonstrating respect, kindness, consideration, and
courtesy to others; Prepare in advance of Commission meetings and be familiar
with issues on the agenda; Represent the City at ceremonial functions at the
request of the Mayor; Place activities and events on the Commission's weekly
activities calendar that invite official participation of all public officials. A list of
the activities of individual public officials may also be submitted for public record
at the option of the Commissioner; Be respectful of other people's time; Stay
focused and act efficiently during public meetings; Serve as a model of leadership
and civility to the community; Inspire public confidence in South Miami
government; Provide contact information with the City Manager and City Clerk in
case an emergency or urgent situation arises while the Commissioner is out of
town; Demonstrate honesty and integrity in every action and statement; and
Participate in scheduled activities to increase team effectiveness and review
Commission procedures, such as this Code of Conduct.
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.
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.
Page 7; [2] Deleted lfigueredo 3/7/20071.22;00 PM
Policies & Protocol Related To Conduct.
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.
Page, 8 f31 Deleted Ifgueredo...:� /7f.2007 :2T,agO: PM
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.
Intergovernmental Relations: The Commission may hold a quarterly
meeting on intergovernmental relations (IGR) to assign specific public
officials to take a leadership 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.
Non- agenda Items: During a designated period of the agenda, citizens, public
officials and staff may bring forth_ issues or questions that are not on the
meeting's agenda. Topics should be legislative items requiring action by the
Mayor, or the Commission, study issues for future consideration, and
requests for information. Each speaker, citizen or elected official, will be
limited to five minutes. Similar rules should be applied by the chair and
board members of the individual boards of the City. No quasi- judicial item
may be discussed during an agenda, unless the item to be discussed is a
procedural question related to the quasi- judicial item, or during the actual
public hearing on the quasi- judicial item, with the applicant present.
Furthermore, no discussion by the citizens shall be discussed after a public
hearing on the quasi- judicial matter, until the appeal period has expired and
no appeal has been filed with the appropriate authority. This safeguard shall
ensure the integrity of the hearing process and ensure proper due process is
provided to any applicant, should an appeal be taken and the matter
remanded back to the city commission.
Page 8. [4] Deleted 1#igaeredo 3/7/2007 1:1> ,:OO PM',,.,
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.
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. 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.
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.
All public officials shall practice civility and decorum in discussions
i
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.
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.
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.
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 a whole.
IN PRIVATE ENCOUNTERS.
Public Officials should continue respectful behavior in private. Even
in compliance with the state's public meetings laws and "Government
in the Sunshine" there may be times when public officials meet in
private. The same level of respect and consideration of differing
points of view that is deemed appropriate for public discussions
should be maintained in private conversations.
Public Officials should be aware of the insecurity of written notes,
voicemail messages, and e-mail. Technology allows words written or
said without much forethought to be distributed wide and far. Would
you feel comfortable to have this note faxed to others? How would you
feel if this voicemail message were played on a speaker phone in a full
office? What would happen if this E -mail message were forwarded to
others? Written notes, voicemail messages and e-mail should be
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 public forum. Every effort should be made to be fair
and impartial in listening to public testimony.
Be welcoming to speakers and treat them with care and gentleness. The
way that public officials treat people during public hearings can do a lot
to , make them relax - or to push their emotions to a higher level of
intensity. Public officials should be fair and equitable in allocating
public hearing time to individual speakers. The Chair will determine
and announce limits on speakers at the start of the public hearing
process. 'Generally, each speaker will be allocated five- minutes with
applicants and appellants or their designated representatives allowed
more time. If many speakers are anticipated, the Chair may shorten the
time limit and /or ask speakers to limit themselves to new information
and points of view not already covered by previous speakers. No
speaker will be turned away unless he or she exhibits inappropriate
behavior. Each speaker may only speak once during the public
comment or public hearing item, unless the Commission requests
additional clarification later in the process. After the close of the
public hearing, no more public testimony will be accepted unless the
Chair reopens the public hearing for a limited and specific purpose.
Appropriate behavior by the public speaker (citizens at large) shall
mean: the practice of civility and respect while speaking during public
comments or during a public hearing. Difficult questions, tough challenges
to a particular point of view, and criticism of ideas and information are
legitimate elements of a free democracy in action. However, the public
speaker should refrain from making belligerent, personal, impertinent,
slanderous, threatening, abusive, or disparaging comments. No shouting or
physical actions that could be construed as threatening will be tolerated.
The public speaker should avoid personal comments that could personally
offend the public official or community at large.
Give the appearance of active listening. It is disconcerting to speakers
to have public officials not look at them when they are speaking. It is
fine to look down at documents or to make notes, but reading for a
long period of time gazing around the room gives the appearance of
disinterest. Be aware of facial expressions, especially those that could
be interpreted as "smirking," disbelief, anger or boredom.
Ask for clarification, but avoid debate and argument with the public.
Only the Chair— not individual public officials - can interrupt a
speaker during a presentation. However, a public official can ask the
Chair for a point of order if the speaker is off the topic or exhibiting
behavior or language the public official finds disturbing. If speakers
become flustered or defensive by A public official's questions, it is the
responsibility of the Chair to calm and focus the speaker and to maintain
the order and decorum of the meeting. Questions by public officials to
members of the public testifying should seek to clarify or expand
information. It is never appropriate to belligerently challenge or belittle
the speaker. Public officials' personal opinions or inclinations about
upcoming votes should not be revealed until after the public hearing is
closed.
(F) No personal attacks of any kind, under any circumstance. Public
officials should be aware that their body language and tone of voice, as
well as the words they use, can appear to be intimidating or aggressive.
This same standard should apply to the public speakers as well as the
public officials. No public official appointed to an advisory board or
committee shall speak to the city commission on an item upon which they
have deliberated. This shall ensure the integrity of the process, and allow
the city commission to obtain the advisory recommendation of that
committee and board, and not the individual interests of a member(s) of
the board or committee. A commissioner may move to request removal,
should the presiding officer not order removal
(G) Follow parliamentary procedure in conducting public meetings.
The City Attorney serves as advisory parliamentarian for the City and
is available to answer questions or interpret situations according to
parliamentary_ procedures. The Chair, subject to the appeal of the full
body makes final rulings on parliamentary procedure.
(2) IN UNOFFICIAL SETTINGS
-page 0: [141 WOO IfigU eredo -. 3/7%2047 3:2i:g0 pM
Remember that South Miami is 'a small town at heart. Public officials are
constantly being observed by the community every day that they serve in office.
Their behaviors and comments serve as models for proper deportment in the City
of South Miami. Honesty and respect for the dignity of each individual should be
reflected in every word and action taken by public officials, 24 hours a day,
seven days a week. It is a serious and continuous responsibility.
Page 10: [15] Deleted
J>F9uereda 31X2007 3:31,:00 -PM
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.
Rage 10: [16] `; �..:', 3 ' ` •
Deleted MIguereda J7 2013, 3.43: 0 PM
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 comrnission 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.
Page 11: [17] Eieleted
p . Ifiguereda -
',3/7/2007,3.,47.100, PM '
Be respectful of diverse opinions. A primary role of the various advisory boards
and the City Commission is to represent many points of view in the community.
Boards are to provide the Commission with advice, in their official roles as
members of an advisory board or committee, and the board or committee provides
advise based on a full spectrum of concerns and perspectives. No discriminatory
comments or derogatory remarks shall be acceptable. No jest made to the
detriment of any recognized group (religious, ethic, national origin, gender, age,
or racial) shall be considered appropriate humor. Some public officials may have
a closer working relationship with some other public officials /individuals serving
on advisory boards. However, all public officials but must be fair and respectful
of all the other citizens serving as public officials.
Keep political support away from public forums. Public officials may offer political
support to a public official, but not in a public forum while conducting official duties.
Conversely, public officials may support other public officials who are running for
office, but not in an official forum in their capacity as a public official.
Inappropriate behavior can lead to removal. Inappropriate behavior by a public official
should be noted to the Mayor, and the Mayor should counsel the offending member. If
inappropriate behavior continues, the ]Mayor should bring the situation to the attention
of the entire City Commission and the individual shall be subject to removal from the
applicable advisory board or committee..
.Page 11" [38] Formatted Ifigueredo = 3/7/20074.:00 074::00 PM'
Not Expanded by / Condensed by
Page 11" [19] Formatted.. Ifigt Breda `',3/7/ 0;0"7 4:01.00 PM
Not Expanded by / Condensed by
Ifigueredo -3/9/2007 2- J"'-00 PM
The best advice for dealing with the media is to never go "off the record."
=Page 11: [21j "Deleted Ifigueredo °`4/9/200 3;2T:00 PM
A second offense within a six month period shall result in removal from the commission
chambers and city hall for a 30 day period. Each offense thereafter shall result in an
additional 30 day banning of the public speaker from city hall
Page 12: [22l Deleted Ifigueredo 4/9/2E',07 3.2l:00 PM
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
Keeping promises
Being dependable
Building a solid reputation
Participating and being available
Demonstrating patience
Showing empathy
Holding onto ethical principles under stress
Listening attentively.
Studying thoroughly
Keeping integrity intact
Overcoming discouragement
Going above and beyond, time and time again'
Modeling a professional manner
Proper conduct IS NOT ...
Showing antagonism or hostility
Deliberately lying or misleading
Speaking recklessly and making defamatory or degrading remarks
Spreading rumors
Stirring up bad feelings, divisiveness
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
Courtesy: Politeness connected with kindness
Decorum: Suitable; proper; good taste in behavior
Manners: Away of acting; a style, method, or form; the way in which thing are done
Point of order: An interruption of a meeting to question whether rules or bylaws are
being broken, such as the speaker has strayed from the motion currently under
consideration
.Point of personal privilege: A challenge to a speaker to defend or apologize for
comments that a fellow Councilmember considers offensive
Propriety: Conforming to acceptable standards of behavior
Protocol: The courtesies that are established as proper and correct
Public Official. Means any appointed or elected official and specifically includes
the Mayor and City Commission, ERPB board members, Planning and Zoning
Board Members; Pension Board Members, Parking Committee Members, Budget
and Finance Committee Members, etc._
Respect The act of noticing with attention; holding in esteem; courteous regard.
Revised Code of Ethics
Menendez, Maria
Page 1 of 1
From: Laura Mares [Imares @ngf- law.com]
Sent: Friday, April 13, 2007 11:26 AM
To: Horace Feliu; Jay Beckman; Marie Birts; Randy Wiscombe; Velma Palmer; Yvonne Soler
McKinley
Cc: Men aria Luis Figueredo
Subject: Revised Code of Ethics '
Attachments: Code of Ethics Conduct revised and redlined by LRF on 4- 13- 07.doc; Code of Ethics Conduct
revised and not redlined by LRF on 4- 13- 07.doc
<<Code of Ethics Conduct revised and redlined by LRF on 4- 13- 07.doc>> <<Code of Ethics Conduct revised and
not redlined by LRF on 4- 13- 07.doc>>
Attached is the proposed draft of the code of conduct. This draft is has been revised to be easier to follow. This
draft also incorporates the majority of the comments received. I have sent it to you in redlined for in the event you
wish to follow all of the changes that were made. I have also included a clean version so that it will be easier to
read.
Luis
4/13/2007