05-15-07 Item 221
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ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDING
SECTION 8A OF THE CITY'S CODE OF ORDINANCES ENTITLED
"CODE OF ETHICS" TO INCLUDE A NEW 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.
WHEREAS, the Mayor and City Commission of the City of South Miami desire to
maintain the highest moral and ethical standards amongst its elected and appointed officials and
employees; and,
WHEREAS, the city desires to maintain the confidence of the public because such
confidence is essential to the conduct of free government; and,
WHEREAS, elected and appointed officials are the agents of the people and hold their
positions for the benefit of the citizens of South Miami and the South Florida community; and,
WHEREAS, the proper operation of democratic government requires public officials and
employees that they be independent and impartial when establishing policy and that their
positions never be used for personal gain; and,
WHEREAS, the city has adopted its ethics code which is based upon the state ethics
requirements of chapter 112, Florida Statues and the Miami -Dade County code of ethics found at
section 2 -11.1; and,
WHEREAS, the current ethics code relates predominantly to economic or personal gain
and a code of ethical conduct is necessary for the guidance of public officials; and,
WHEREAS, the city seeks to provide further direction to the public officials and
employees relating to the city's code of conduct which provide ethical standards for all public
officials; and
WHEREAS, the Mayor and City Commission desire to amend the city's ethics code to
provide additional direction to board members relating to a proper code of conduct in order to
ensure the proper operation of democratic government.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Chapter 8A of the City Code is amended as follows:
Sec. 8A -1. Conflict of interest and code of ethics ordinance.
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Sec. 8A -2. Code of conduct for all elected officials and board members.
(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 this Code and understand how it applies 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.
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 Disruption: behavior that attempts to disrupt the proceedings in a manner obviously
hostile to the purpose of the meeting.
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2 Public Official. Shall mean any appointed or elected official and specifically includes but
3 is not limited to the Mayor and City Commission, ERPB board members, Planning and
4 Zoning Board Members; Pension Board Members, Parking Board Members and Budget and
5 Finance Committee Members.
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8 (c) Minimum Standards. This Code of Conduct is designed to address the manner in
9 which public officials should treat one another, city staff, constituents, and others they
10 come into contact with in representing the City of South Miami.
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12 Public officials are called upon to exhibit appropriate behavior at all times. Demonstrating
13 respect for each individual through words and actions is the touchstone that can help guide
14 public officials to take appropriate actions even the most difficult situations. The city's
15 Code of Conduct includes the following minimum standards:
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17 1. Uphold the United States and Florida Constitutions, laws and regulations and the
18 City of South Miami's Charter, ordinances and regulations, and never knowingly be a party
19 to their evasion.
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21 2. Place the City's rules, codes and interests ahead of any group or individual interests
22 or concerns. No public official shall put individual concerns or interests before that of the
23 city and the city's code of ordinances, before, during or after making a recommendation or
24 a decision on a pending application.
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26 3. Seek to find and use the most equitable, efficient, effective and economical means
27 for getting tasks accomplished, and not unnecessarily burdening staff with time consuming,
28 unnecessary or frivolous requests related to a personal concerns or individual points of
29 view.
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31 4. Adopt policies (and programs as applicable) that support the rights and recognize
32 the needs of all citizens regardless of race, sex, sexual orientation, age, religion, creed,
33 country of origin or disability. Avoid adopting policies (or supporting programs) or
34 engaging in activities that discriminate against or offend individuals because of race, sex,
35 sexual orientation, age, religion, creed, country of origin or disability.
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37 5. Ensure the integrity of the actions of each board or the City Commission by
38 avoiding discrimination through the dispensing of special favors unfair privileges to
39 anyone, whether for remuneration or not. .
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41 6. Make no private promises of any kind binding upon the duties or any office, since a
42 public official is a public servant, and has no private work which can be binding on public
43 duty.
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45 7. Do not take public positions or engage in any activity that advocates or supports a
46 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
advocate, lobby, or take any action involving the community or the city commission on an
item that has been considered or is to be heard by that appointed public official's board or
committee. The appointed board or committee, as a whole, shall issue a recommendation
in its official capacity to the city commission. The individual appointed board or
committee members shall not advocate to the public, or appear before the city commission
on an item upon which their respective board or committee will consider or has considered,
as doing so would provide an appearance of undue influence, bias and improper conduct.
An appointed public official may only appear before the city commission on matters
considered or to be considered by their respective board or committee if specifically
invited by the commission to do so. Appointed public officials may, however, appear
before the City Commission on all other city business.
8. Never use any information gained confidentially in the performance of
governmental duties as a means of making private profit.
9. Expose through appropriate means and channels, corruption, misconduct or neglect
of duty whenever discovered.
10.9. Adhere to the principle that the public's business should be conducted in the
Sunshine and following the letter and spirit of the Sunshine law by using closed meetings
only to deal with certain legal and labor matters as provided under Florida law.
11. Avoid using the position of public trust to gain access to the media or the dais for
the purposes of criticizing colleagues, other public officials, citizens or staff, impugning
their integrity or vilifying their personal beliefs.
12. Make sure, when responding to the media, or to public comments, that a clear
distinction is made between personal opinion or belief and a decision made by the
applicable board, Committee or City Commission.
13. Pledge to honor and uphold these principles, ever conscious that public office
(whether appointed or elected) is a public trust.
(d) City Meetings
1. The Mayor will chair official meetings of the City Commission, unless the Vice - Mayor,
another Commissioner is designated as Chair of a specific meeting. The 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.
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1 2. Board and Committee Meetings
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3 The board or committee chairman will chair official meetings of their respective board or
4 committee, unless the Vice -Chair or, another Member is designated as Chair of a specific
5 meeting. Meeting Chair maintains order, decorum, and the fair and equitable treatment
6 of all speakers; keeps discussion and questions focused on specific agenda item under
7 consideration; and makes parliamentary rulings with advice, if requested, from the Board
8 Attorney (where applicable) who acts as an advisory parliamentarian. Chair rulings may
9 be overturned if a Member makes a motion as an individual and the majority of the Board
10 votes to overrule the Chair.
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13 (e) Rules of Decorum
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15 (1) All Public Officials shall practice civility and decorum in discussions and debate.
16 Difficult questions, tough challenges to a particular point of view, and criticism of ideas and
17 information are legitimate elements of a free democracy in action. This does not allow,
18 however, Public Officials to make belligerent, personal, impertinent, slanderous, threatening,
19 abusive, or disparaging comments. No shouting or physical actions that could be construed as
20 threatening will be tolerated.
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22 (2) All Public Officials shall honor the role of the Chair in maintaining order. It is
23 the responsibility of the Chair to keep the comments of commissioners or board
24 members on track during public meetings. Public Officials should honor efforts by the
25 Chair to focus discussion on current agenda items. If there is disagreement about the
26 agenda or the Chair's actions, those objections should be voiced politely and with
27 reason, following procedures outlined in parliamentary procedure.
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30 (3) Avoid personal comments that could offend other members. If an individual
31 member of the Commission, board or committee is personally offended by the remarks of
32 member the offended Public Officials should make notes of the actual words used and call
33 for a "point of personal privilege" that challenges the other offending member to justify or
34 apologize for the language used. The Chair will maintain control of this discussion.
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36 (4) Demonstrate effective problem - solving approaches: The City Commission
37 and each public board and committee has .a public stage to show how individuals with
38 disparate points of view can find common ground and seek a compromise that benefits
39 the community as a whole.
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41 (5) Public Officials should refer to one another formally during public meetings by
42 their official titles followed by the individual's last name
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I (f) Public Meeting and Hearing Protocol:
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3 (1) The applicant or appellant shall have the right to speak first. The Chair will determine the
4 length of time allowed for this presentation. Speakers representing either pro or con points of
5 view will be allowed to follow. The Chair will determine how much time will be allowed for
6 each speaker, with 3 to 5 minutes the standard time granted. The applicant or appellant will be
7 allowed to make closing comments. The Chair has the responsibility to run an efficient public
8 meeting and has the discretion to modify the public hearing process in order to make the
9 meeting run smoothly.
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11 (2) Public Officials should not express opinions during the public hearing portion of the
12 meeting except to ask pertinent questions of the speaker or staff. "I think" and "I feel"
13 comments by Public Officials are not appropriate until after the close of the public hearing.
14 Public Officials should refrain from arguing or debating with the public during a public
15 hearing and shall always show respect for different points of view. Public Officials should
16 avoid during public meetings and during the performance of public duties the use of
17 abusive, threatening or intimidating language or gestures directed at colleagues, other
18 public officials, citizens or personnel.
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20 (3) Only the Chair not individual commissioners, board or committee members -- can
21 interrupt a speaker during a presentation. However, a commissioner, board or committee
22 member can ask the Chair for a point of order if the speaker is off the topic or exhibiting
23 behavior or language the commissioner or member finds disturbing. If speakers become
24 flustered or defensive by a question or comment, it is the responsibility of the Chair to calm and
25 focus the speaker and to maintain the order and decorum of the meeting. Questions by Public
26 Officials to members of the public testifying should seek to clarify or expand information. It is
27 never appropriate to belligerently challenge or belittle the speaker.
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29 (4) No signs of partiality, prejudice or disrespect should be evident on the part of
30 individual Public Officials toward an individual participating in a public forum. Every
31 effort should be made to be fair and impartial in listening to public testimony.
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33 (5) Be respectful of diverse opinions. A primary role of the city commission and the various
34 boards and committees is to represent many points of view in the community. Decisions by the
35 City Commission and the city's various boards should be based on a full spectrum of concerns
36 and perspectives. No discriminatory comurients or derogatory remarks shall be acceptable. No
37 jest made to the detriment of any recognized group (religious, ethic, national origin, gender,
38 sexual orientation, age, or racial) shall be considered appropriate humor.
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40 (6) No quasi-judicial item may be discussed during an agenda, unless the item to be
41 discussed is a procedural question related to the quasi-judicial item, or during the actual public
42 hearing on the quasi-judicial item, with the applicant present. Furthermore, no discussion by
43 the citizens shall be discussed after a public hearing on the quasi - judicial matter, until the appeal
44 period has expired and no appeal has been filed with the appropriate authority. This safeguard
45 shall ensure the integrity of the hearing process and ensure proper due process is provided to
46 any applicant, should an appeal be taken and the matter remanded back to the city commission.
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(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.
0) 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: 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 prepare official letters in response to public inquiries and
concerns. If correspondence is addressed only to one Public Official, that Public Official
should check with staff on the best way to respond to the sender. At all times, Public
Officials , will make sure to comply with the City's quasi-judicial procedures, comply
with the Jennings Rule, and adhere to the state's sunshine laws.
(1) Conduct with City Staff.
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. To allow proper governance and to ensure non-
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interference with the City manager's application or implementation of the city
commission's policies, Public Officials shall comply with the following guidelines: .
(1) Public Officials should treat all staff as professionals with clear, honest
communication that respects the abilities, experience, and dignity of each individual is
expected. Public officials should maintain an attitude of courtesy and consideration toward
all colleagues, public officials and staff during all discussions and deliberations. Poor
behavior towards staff is not acceptable.
(2) 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 ? ").
(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 from making a public records request under Chapter
119 F.S.
(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.
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(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 in meetings, on the phone, or engrossed in performing their job
functions in order to have their individual needs met.
(4) Never publicly criticize an individual employee. Public officials should never express
concerns about the performance of a City employee in public, to the employee directly, or to the
employee's manager. Comments about staff performance should only be made to the City
Manager through private correspondence or conversation.
(5) Do not get involved in administrative functions. Public officials must not attempt to
influence City staff on the making of appointments, awarding of contracts, selecting of
consultants, processing of development applications, or granting of City licenses and permits..
(6) Public officials are to check with City staff on correspondence before taking action.
Before sending correspondence, public officials should check with City staff to see if an
official City response has already been sent or is in progress.
(7) . Do not attend meetings with City staff unless requested by staff. Even if the public
official does not say anything, the public official's presence implies support, shows partiality,
intimidates staff, and hampers staffs ability to do their job objectively. 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.
(8) Requests for staff support — should be made to the City Manager who is responsible for
allocating City resources in order to maintain a professional, well - maintained City government.
(9) Do not solicit political support from staff. Public officials should not solicit any type of
political support (financial contributions, display of posters or lawn signs, name on support list,
etc.) from City staff. City staff may, as private citizens with constitutional rights, support
political candidates but all such activities must be done away from the workplace.
(m) Conduct with Members 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
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I will do something specific (fix a pothole, remove a library book, plant new flowers in the
2 median, etc.).
3
4 (2) Make no personal comments about other public officials It is acceptable to
5 publicly disagree about an issue, but it is unacceptable to make derogatory comments
6 about other public officials, their opinions and actions.
7
8 (n) Conduct with Other Public Agencies.
9
10 (1) Public officials should be clear about representing the city, a board of the city or
11 personal interests. If a public official appears before another governmental agency or
12 organization to give a statement on an issue, the public official must clearly state: 1) if his
13 or her statement reflects personal opinion or is the official stance of the City; 2) whether
14 this is the majority or minority opinion of the body s/he represents. If the public official
15 is representing the City, the Public official must support and advocate the official
16 City position on an issue, not a personal viewpoint.
17
18
19 (2) Correspondence also should be equally clear about representation. City letterhead
20 may be used when the public official is representing the City and the City's official
21 position. A copy of official correspondence should be given to the City Clerk to be filed
22 in the Commission Office as part of the permanent public record. It is best that City
23 letterhead not be used for correspondence of public officials representing a personal
24 point of view or a dissenting point of view from an official city commission or city
25 board position. However, should public officials use City letterhead to express a
26 personal opinion, the official City position must be stated clearly so the reader
27 understands the difference between the official City position and the minor viewpoint
28 of the public official_
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30 (o) Conduct With Boards and Commissions.
31
32 (1) Public Officials may generally attend any public meeting, which are always open to any
33 member of the public. There are specific exceptions in the case of quasi-judicial
34 proceedings. If in doubt, the Public Official should seek guidance from the city attorney's
35 office. However, Public Officials should be sensitive to the way their participation could be
36 viewed as unfairly affecting the process. No Any public comments by an appointed public
37 official at a the city commission meeting may be made where the board or committee's
38 recommendation is presented, unless that board or committee member is specifically invited to
39 speak by the Mayor or by the Commission.
40
41 (2) It is inappropriate for a Public Official to contact a committee, board or commission
42 member to lobby on behalf of an individual, organization, business, or developer. Nor is
43 acceptable for Public Officials to contact board or commission members in order to clarify a
44 position taken by their respective committee, board or Commission. Any such contact should be
45 occur in compliance with this ordinance and the state's Sunshine requirements.
46
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1 (3) The City Commission, together with the various boards and committees serve the
2 community, not individual public officials. The City Commission appoints individuals
3 (appointed public officials) to serve on boards and committees and it is the responsibility of
4 boards and committees to follow policy established by the City Commission. But the board and
5 committee members do not report to the individual City Commissioners. No Public Official
6 (whether on the city commission or any board or committee) has the power or right to threaten
7 any other board, committee and/or commission member. Appointment and re- appointment to a
8 board or committee should be based on such criteria as expertise, ability to work with staff and
9 the public, commitment to fulfilling official duties, and compliance with the Code of
10 Conduct and Code of Ethics. A board or committee appointment should not be used as a
11 political "reward." Failure to adhere to this code, by any appointed public official shall result in
12 removal from the advisory board or committee.
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14
15 (p) Commission Conduct with The Media.
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17 Public Officials are frequently contacted by the media for background and quotes. Most
18 members of the media represent the highest levels of journalistic integrity and ethics, and can be
19 trusted to keep their word. But one bad experience can be catastrophic. Words that are not
20 said cannot be quoted. The Mayor is the official spokesperson and representative of the City's
21 position. The Mayor is the designated representative of the Commission to present and speak on
22 the official City position. If an individual public official is contacted by the media, the public
23 official should be clear about whether their comments represent the official City position or a
24 personal viewpoint. The public official should choose words carefully and cautiously.
25 Comments taken out of context can cause problems. Be especially cautious about humor,
26 sardonic asides, sarcasm, or word play. It is never appropriate to use personal slurs or swear
27 words when talking with the media.
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29 (q) Sanctions.
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31 (1) Public Disruption. Members of the public who do not follow proper conduct after a
32 warning in a public hearing shall be barred from further testimony at that meeting or removed
33 from the Commission Chambers. A second offense within a six month period shall result in
34 removal from the commission chambers during city commission meetings for a 30 day period.
35 Each offense thereafter shall result in an additional 30 day banning of the public speaker from
36 participating in city commission meetings..
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38 (2) Inappropriate Staff Behavior. Public officials should refer to the City Manager any City
39 staff who do not follow proper conduct in their dealings with Commissioners, board
40 members, other City staff, or the public. These employees may be disciplined in
41 accordance with standard City procedures for such actions.
42
43 (3) Public Officials Behavior and Conduct. Public officials who intentionally and repeatedly
44 do not follow proper conduct may be reprimanded or formally censured by the Commission., .
45 Serious infractions of the Code of Ethics or Code of Conduct could lead to other sanctions as
46 deemed appropriate by Commission and as provided under law. Failure of an appointed public
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official to comply with the city's, county's and state's ethics codes shall result in removal
of the public official
(4) Appointed Public Officials. Violation of this code by an appointed public official,
for a first offense, shall result in sanctions, which sanctions may include removal of the
appointed public official from the board or committee. A second violation of this code by
an appointed public official shall result in removal of that appointed public official from
the board or committee. Upon a finding of a violation of an applicable Ethics Code (State,
county, city), or this Code of Conduct, which violation of the Code of Conduct results in the
removal of that appointed public official from the advisory board or committee, the former
appointed public official shall be precluded from appointment on any other city board or
committee for a two year period.
Section 2. If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this ordinance.
Section 3. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are repealed.
Section 4. This ordinance shall be codified and included in the Code of Ordinances
upon final enactment.
Section 5. This ordinance shall take effect immediately upon enactment.
PASSED AND ADOPTED this __ day of , 2007.
ATTEST:
CITY CLERK
APPROVED:
u :_ •
1St Reading -
2 °d Reading —
COMMISSION VOTE:
READ AND APPROVED AS TO FORM: Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Birts:
Luis R. Figueredo, Commissioner Beckman:
Nagin Gallop Figueredo, P.A. Commissioner Palmer:
Office of City Attorney
Additions shown by underlining and deletions shown by everstriking
Page 12 of 12
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
ATE OF FLORIDA
)UNITY OF MIAMI -DADE:
Before the undersigned authority personally appeared
D.V. FERBEYRE, who on oath says that he or she is the
SUPERVISOR, Legal Notices of the Miami Daily Business
aeview f /k/a 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 5/15/07 - ORD. AMENDING SEC 8A ETC.
in the XXXX Court,
was published in said newspaper in the issues of
05/04/2007
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 discount, rebate, commission or refund for the purpose
of securing th' advertis t for publication in the said
newspaper ,
Sworn to and subscribed before me this
04 day of MAY , A.D. 2007
(SEAL)
O.V. FERBEYRE personally known to me
Cheryl H Marmer
L11' Commission 00338559
New r/ txpves uuly i8, 2008
CITY OF SOUTH 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, May 15, 2007 beginning at
7:30 p.m. in the City Commission Chambers, 8130 Sunset Drive, to
consider the following items:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
AMENDING SECTION 8A OF THE CITY'S CODE OF
ORDINANCES ENITITLED'CODE OF ETHICS' TO INCLUDE A
NEW 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.
AN ORDINANCE OF THE MAYOR AND -CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING
SECTION 20- 4.4(A)(2) ENTITLED 'OFF-STREET PARKING
REQUIREMENTS' OF ' -THE SOUTH MIAMI LAND
DEVELOPMENT CODE IN ORDER TO ELIMINATE THE PRO-
VISIONS ALLOWING FOR THE ADMINISTRATIVE CREDIT-
ING OF ON- STREET PARKING SPACES AS REQUIRED
PARKING SPACES FOR PRIVATE DEVELOPMENT; PROVID-
ING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND
PROVIDING AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SEC-
TION 20- 8.8(D) ENTITLED 'GARAGES IN MU -5 - ,OF,.THE
SOUTH MIAMI LAND DEVELOPMENT CODE IN ORDER TO
CLARIFY PROVISIONS RELATED TO THE LOCATION OF
PARKING GARAGES IN DEVELOPMENT PROJECTS; PRO-
VIDING FOR SEVERABILTfY, ORDINANCES IN CONFLICT,
AND PROVIDING AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
THE LAND DEVELOPMENT CODE; AMENDING REGULA-
TIONS PERTAINING TO BONUSES AND PARKING REDUC-
TIONS IN THE TRANSIT ORIENTED DEVELOPMENT DIS-
TRICT AND IN THE HOMETOWN OVERLAY ZONE IN ORDER
TO REQUIRE APPROVAL BY A FOUR/FIFTHS VOTE OF THE
CITY COMMISSION AND SUSPENDING CERTAIN PROVI-
SIONS THAT ALLOW FOR THE REDUCTION OF REQUIRED
PARKING SPACES, FOR A PERIOD OF NINE MONTHS,
THEREBY. ENABLING THE CITY TO EVALUATE RECOM-
MENDATIONS OF THE ZONING TASK FORCE. PARKING
BOARD, AND THE PLANNING BOARD PERTAINING TO THE
REDUCTION OF REQUIRED PARKING SPACES AND TO
PREPARE NECESSARY AMENDMENTS; PROVIDING THAT
ORDINANCES OR SECTIONS THEREOF IN CONFLICT
SHALL NOT BE IN FORCE AND EFFECT DURING THIS TIME
PERIOD; PROVIDING FOR SEVERABILITY, ORDINANCES IN.
CONFLICT, AND PROVIDING AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
AMENDING CHAPTER 14 ENTITLED 'EMERGENCY MAN-
AGEMENT' CREATING SECTION 14-5.1 ENTITLED WATER
CONSERVATION AND EMERGENCY WATER RESTRICTION
ENFORCEMENT; PROVIDING FOR CODE ENFORCEMENT
AND POLICE ENFORCEMENT OF EMERGENCY WATER RE-
STRICTION DECLARATIONS ISSUED BY THE SOUTH FLOR-
IDA WATER MANAGEMENT DISTRICT; PROVIDING FOR PO-
LICE ENFORCEMENT VIA CRIMINAL PROCESS OF STATE
LAW; AND DIVISION OF CODE COMPLIANCE ENFORCE-
MENT THROUGH THE CITY'S CIVIL CITATION SYSTEM UN-
DER SECTION 2 -21, OF THE CITY'S CODE OF ORDINANC-
ES; PROVIDING FOR FINES AND APPEAL PROCESS; PRO-
VIDING FOR ORDINANCES IN CONFLICT, CODIFICATION,
SEVERABILITY AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
BOARDS AND COMMITTEES; AMENDING SEC.2 -26.8 OF
THE CODE OF ORDINANCES, ENTITILED'BUDGET AND FI-
NANCE COMMITTEE; AMENDING MEMBERSHIP TERM;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDI-
NANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE
DATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
THE AD VALOREM TAXATION; AMENDING CHAPTER 18 RE-
LATING TO TAXATION TO AMEND THE SENIOR CITIZEN EX-
EMPTION, AD VALOREM TAX BREAK TO PROVIDE QUALI-
FIED INDIVIDUALS OVER THE AGE OF 65, WITH AN ANNUAL
INCOME UNDER $20,000 AND HOMESTEAD RESIDENCE
WITHIN THE CITY LIMITS WITH A $50,000. AD VALOREM
TAX BREAK (PRIOR EXEMPTION WAS FOR $25,000); PRO-
VIDING FOR SEVERALBILITY, ORDINANCES IN CONFLICT,
AND AN EFFECTIVE DATE."
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA. RELATING TO A
REQUEST PURSUANT TO SECTION 20 -7.51 OF THE LAND
DEVELOPMENT CODE FOR SPECIAL EXCEPTIONS FOR A
MIXED USE DEVELOPMENT PROJECT IN THE - SR(HD -0V)'
SPECIALITY RETAIL (HOMETOWN DISTRICT OVERLAY
ZONING DISTRICT TO PERMIT SPECIAL EXCEPTIONS TC
SECTIONS 20 -7.8B, 20- 7.108, 20 -7.11 IN ORDER TO: (1) AL
LOW A TOTAL LOT COVERAGE OF 85% OR 26,833 SQUARE
FEET WHICH EXCEEDS THE MAXIMUM 60% LOT COVER
AGE ON SOUTH DIXIE HIGHWAY AND THE MAXIMUM 5014
LOT COVERAGE ON SW 74th STREET; (2) ALLOW A BUILD
ING TO EXCEED THE MAXIMUM PERMITTED BUILDINC
SQUARE FOOTAGE OF 20,000 SQUARE FEET; (3) ALLOW)
CURB CUT TO BE LOCATED ON SW 59th COURT WHICH LO
CATION IS NOT SHOWN ON THE HOMETOWN DISTRIC',
REGULATING PLAN; ALL FOR PROPERTY GENERALLY LO
CATED AT 5966 -70 SOUTH DIXIE HIGHWAY PROVIDIN(
FOR SEVERABILITY; PROVIDING FOR ORDINANCES It
CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
A RESOLUTION OF THE MAYOR AND CITY COMMISSOOf
OF THE CITY OF SOUTH MIAMI, FLORIDA PURSUANT T(
LAND DEVELOPMENT CODE SECTION 20.5.19(EX3) RE
QUESTING THE ISSUANCE OF A CERTIFICATE,OF APPRO
PRIATENESS FOR A SINGLE FAMILY RESIDENCE LOCAT
ED AT 6202 MILLER ROAD WITHIN AN RS- 3(HP -0V), REST
DENTAL SINGLE FAMILY (HISTORIC PRESERVATIOf
OVERLAY) ZONING DISTRICT (CAMBRIDGE LAWNS HIS
TORIC DISTRICT) IN ORDER TO PERMIT EXTERIOR RENO
VATION AND EXPANSION OF SECOND FLOOR; AND PUR
SUANT TO SECTION 20- 4.11(D) IN CONJUNCTION WITf
THE CERTIFICATE OF APPROPRIATENESS A REQUES"
TO: (1) GRANT A VARIANCE FROM SECTION 20- 3.5(E) T(
ALLOW FOR LOT COVERAGE TO BE 38% WHERE A MAXI
MUM 30% IS PERMITTED; (2) GRANT A VARIANCE FROf,
SECTION 20- 3.5(E) TO ALLOW A SIDE STREET SETBACK 01
7 FOR THE FIRST FLOOR AND 12 FEET FOR THE SECONI
FLOOR WHERE 15 FEET IS REQUIRED FOR BOTH FIRS"
AND SECOND FLOORS; PROVIDING AN EFFECTIVE DATE.
If you have any Inquiries on the above Items please contact the
Clerk's office at: 305 - 663 -6340
ALL interested parties are invited to attend and will be heard
Maria M. Menendez, CIVIC
City Clerk
Pursuant to Florida Statutes286.0105, the City hereby advises the
tic that I a person decides to appeal any declsion made by this B
Agency or Commission with respect to any matter considered at its i
ing or hearing, he or she will need a record of the proceedings, and it
such purpose, affected person may need to ensure that a verbatim in
of the proceedings is made which record includes the testimorry an
dence upon which the appeal is to be based.
514 07 -3- 64/828