HomeMy WebLinkAboutOrdinance 2022-03 Clarifying and Amending Section 2-29, City Code (City Commission Additional Rules of Conduct) ORDINANCE NO. 2022-03
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS, FLORIDA; CLARIFYING AND AMENDING
THE CITY OF WINTER SPRINGS CODE OF ORDINANCES,
SECTION 2-29 REGARDING CITY COMMISSION ADDITIONAL
RULES OF CONDUCT; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS;
INCORPORATION INTO THE CODE; SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City Commission desires to clarify and amend Section 2-29 of the City
Code regarding City Commission additional rules of conduct by wordsmithing, and correcting a
typographical error in, several subsections and explicitly recognizing such rules of conduct were not
intended to abrogate, limit, or interfere with the freedom of speech or expression enjoyed by the
Mayor or any City Commissioner under the Florida and United States Constitutions, and the right of
the City Commission, as a governing body, to communicate its position on any issue or matter in
accordance with law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS,SEMINOLE COUNTY,FLORIDA,AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Commission of the City of
Winter Springs.
Section 2. Code Amendment. Section 2-29 of the City Code is hereby amended as follows
(underlined type indicates additions and str-ikeeut type indicates deletions, while asterisks (* * *)
indicate a deletion from this Ordinance of text existing in Section 2-29. It is intended that the text in
Section 2-29 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from
the language existing prior to adoption of this Ordinance):
Sec.2-29.Additional rules of conduct.
,(a The mayor and city commissioners shall adhere to the following additional rules of conduct:
(2) The mayor and city commissioners, individually, do not manage the affairs of the city. The
mayor and city commissioners will not intrude into daily operations or spheres of responsibility
designated by state statutes, City Code, and City Charter to the city manager as the chief executive
officer; or undermine the city manager's lawful authority. The city manager is responsible for
administering the policy direction established by a majority vote of the city commission and not the
policy wishes of the mayor or e e "' i-•a v city commissioners not acting as a governing body
by majority vote.
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Ordinance No.2022-03
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(4) The mayor and city commissioners will demonstrate dignity, respect, and courtesy toward
those whom they are in contact with in their official capacity as either the mayor or city
commissioner. The mayor and city commissioners will refrain from intimidation and ridicule of
others including, but not limited to, the mayor, fellow commissioners, city manager, city attorney,
staff,citizens of the city,and city utility customers.
(11) The mayor and city commissioners will maintain in confidence any privileged or confidential
information provided to them by the city and will not disclose such information publicly or to any
person who has not been duly authorized by the city to receive such information, unless such
disclosure is duly authorized by the city commission or city manager or required by law. In addition,
the mayor and city commission will refrain from copying any written privileged or confidential
documents provided to them by the city and will keep such documents in safekeeping. Further, upon
leaving office or upon request by the city commission or city manager, the mayor and city
commissioners will return to the city any privileged or confidential documents or materials provided
to them by the city while serving on the city commission. For purposes of this paragraph, privileged
and confidential information is only information that is deemed privileged or confidential and/or
exempt from public records disclosure by law. By way of example, and without limiting the scope of
the kinds of information that could be privileged or confidential and/or exempt, the following
information is generally deemed privileged or confidential and/or exempt from public disclosure: (i)
information pertaining to security systems for any property owned or leased by the city; (ii) risk
assessment information to determine security threats to data, information and information technology
resources of the city; (iii) attorney-client work product related to pending or reasonably anticipated
litigation or city claims file; (iv) city commission transcripts of attorney-client litigation sessions
until the conclusion of litigation; (v) claims files regarding the city's risk management program (vi)
information concerning the plans, intentions, or interests of a private entity to located, relocate or
expand its business activities within the city if the private entity requests such confidentiality in
writing; (vii) all work product developed by the city in preparation for collective bargaining
negotiations, and during negotiations; (viii) trade secrets and proprietary business information
contained in records held by the city; (ix) certain personal identifying and health information
contained in records held by the city when required by law; (x) active criminal intelligence
information and active criminal investigative information; and (xi) any information revealing law
enforcement surveillance techniques or procedures or personnel or information revealing the identity
of a confidential informant or confidential source. The mayor and city commissioners may contact
the city manager or city attorney with any questions on whether certain information falls within the
scope of this paragraph.
fib) The rules of conduct shall not be construed or interpreted in any way to abrogate, limit, or
interfere with the freedom of speech or expression enjoyed by the Mayor or any City Commissioner
under the Constitutions of Florida and United States. Neither shall the rules of conduct be construed
or interpreted in any way to abrogate, limit, or interfere with the City Commission's right, as a
governing body,to communicate its position on any issue or matter in accordance with law.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Commission,or parts or ordinances and resolutions in
conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation into Code. This Ordinance shall be incorporated into the Winter
Springs City Code and any section or paragraph, number or letter, and any heading may be changed
or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors
City of Winter Springs
Ordinance No.2022-03
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may be corrected and additions, alterations, and omissions, not affecting the construction or meaning
of this ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word, or provision
of this ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a
separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this ordinance.
Section 6. Effective Date. This Ordinance shall become effective upon adoption by the City
Commission of the City of Winter Springs, Florida, and pursuant to City Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the o'Z9 M day of March, 2022.
�Z' i. 20��---
Kevin McCan ,Mayor
ATTEST:
Christian Gowan, City Clerk b•.•�""'••: j
4 .•
APPROVED AS TO LEGAL FORM N `
AND SUFFICIENCY FOR THE CITY ��i,�•'•..• 4�
OF WINT SPRINGS ONLY:
A&hb'n'y . Garganese, City Attorney
First Reading:
Legal Ad: 11 d,r cAl a-
Second Reading:
City of Winter Springs
Ordinance No.2022-03
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