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HomeMy WebLinkAbout2022 02 28 Public Hearing 400 - First Reading Ordinance 2022-03 Clarifying and Amending City Commission Rules of Conduct • PUBLIC HEARINGS AGENDA ITEM 400 ,n m=ared CITY COMMISSION AGENDA I FEBRUARY 28, 2022 REGULAR MEETING 1959 TITLE Approve on First Reading Ordinance No. 2022-03 clarifying and amending the City Commission Rules of Conduct SUMMARY At the City Commission meeting on January 24, 2022, the City Commission under new business requested the City Attorney to review the City Commission Code of Conduct and propose an ordinance clarifying that it is not intended to prohibit the Mayor and City Commissioners from exercising their right to freedom of speech and expression. The Ordinance proposes to add a provision 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. RECOMMENDATION Approve Ordinance No. 2022-03 on First Reading. 61 Sec. 2-29. Additional rules of conduct. The mayor and city commissioners shall adhere to the following additional rules of conduct: (1) The proper statutory and City Charter role of a mayor and city commissioner,as with any elected member of a legislative body,is to act collectively,not individually,to set and/or revise and/or to apply the city's governing policies and that the city manager and staff administer such policies. (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 one(1) individual city commissioner. (3) The mayor and city commissioners represent the interests of the entire city when making decisions and will rely upon available facts and their respective independent judgment. In their official capacity as an elected representative of the city,the mayor and city commissioners will avoid conflicts of interest and avoid using their official position for personal, professional,or partisan gain. (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 the mayor,fellow commissioners, city manager,city attorney,staff,citizens of the city,and city utility customers. (5) The mayor and city commissioners, in their official capacity as an elected representative of the city,will refrain from inappropriate language including statements that are malicious,threatening,slanderous, disparaging,mean-spirited,vulgar or abusive.All disagreements,concerns or criticisms shall be framed in language that is in keeping with the dignity and professionalism of an elected official and the honor of serving as an elected representative of the city. (6) The mayor and city commissioners will focus on solving problems,and in doing so will maintain appropriate decorum and professional demeanor in the conduct of city business and work cooperatively and conscientiously with others as they respectively request or receive information, examine data or weigh alternatives in the decision-making process. (7) The mayor and city commissioners will demonstrate patience and refrain from demanding, interruptive access to staff or immediate responses or services when requesting information that requires significant staff time in research, preparation or analysis or that will result in staff neglect of urgent duties.Such requests will be made through the city manager for scheduling and prioritizing through consensus of the city commission.The mayor and city commissioners will work cooperatively with the city manager to establish reasonable parameters for such requests and access. (8) The mayor and city commissioners will devote adequate time for preparation prior to city commission meetings and as much as possible,the mayor and each member of the city commission will be in attendance at such meetings and all other scheduled events where their official participation is required. (9) The mayor and city commissioners will respect diversity and encourage the open expression of divergent ideas and opinions from the mayor and fellow city commissioners,city manager,city attorney,staff,citizens of Winter Springs,and city utility customers.They will listen actively and objectively to others' concerns or constructive criticisms. (10) The mayor and city commissioners will refrain from any individual action that could compromise lawfully authorized decisions of the city or the integrity of the city and the mayor and fellow Created: 2021-05-06 20:47:01 [EST] (Supp.No.28) Page 1 of 3 62 commissioners.The mayor and city commissioners will delineate clearly for any audience whether they are acting or speaking as an individual citizen or in their respective capacity as a representative of the city. (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. (12) The mayor and city commissioners will abide by all laws of the state applicable to their official conduct on the city commission, including but not limited to the Government in the Sunshine Law,the Florida Public Records Law,the Florida Code of Ethics for Public Officers,and city rules and procedures and codes of conduct adopted by the city commission including,but not limited to,the rules and procedures and code of conduct expressed in this article. (13) The mayor and city commissioners will promote constructive relations in a positive climate with all city employees,city attorney,and city contractors and consultants consistent with their official role on the city commission,as a means to enhance the productivity and morale of the city.The mayor and city commissioners will support the city manager's decision to employ the most qualified persons for staff positions.The mayor and city commission will recognize the bona fide achievements of the city manager,staff,city attorney,city contractors and consultants, business partners,and others sharing in, and striving to achieve,the city's mission and strategic objectives. (14) The mayor and city commissioners will enhance their knowledge and ability to contribute value to the city as a member of the city commission by keeping abreast of issues and trends that could affect the city through reading,continuing education and training.The mayor and city commissioners will study policies and issues affecting the city,and will attend training programs if required by the city or law.A continuing goal of the mayor and city commissioners will be to improve their respective performance as a member of the city commission. Created: 2021-05-06 20:47:01 [EST] (Supp.No.28) Page 2 of 3 63 (15) The mayor and city commissioners will value and assist each other on the city commission by exchanging ideas,concerns,and knowledge through lawful means of communication.Together,they will help build positive community support for the city's mission and the policies and strategic objectives established by the city commission. (16) The mayor and city commissioners will support and advocate for their respective beliefs, but will remain open to understanding the views of others.The mayor and city commissioners recognize that they each share in the responsibility for all city decisions and will accept the will of duly authorized decisions of the city commission and city electorate. (17) The mayor and city commissioners understand that their first priority as a member of the city commission will always be to look out for the best interests of the citizens of the city and the public health,safety and welfare.The mayor and city commissioners will seek to provide appropriate leadership that nurtures and motivates city citizens to be stakeholders in the affairs and achievements of the city. (18) The mayor and city commissioners will be accountable to the city commission for any violations of the rules and procedures and rules of conduct established by the city commission under this article. (Ord. No.2016-09, §2, 10-10-16) Created: 2021-05-06 20:47:01 [EST] (Supp.No.28) Page 3 of 3 64 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 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 seetA 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): See. 2-29.Additional rules of conduct. LaJ The mayor and city commissioners shall adhere to the following additional rules of conduct: YYY 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. City of Winter Springs Ordinance No.2022-03 Page 1 of 2 65 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 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 day of March, 2022. Kevin McCann,Mayor ATTEST: Christian Gowan, City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY: Anthony A. Garganese, City Attorney First Reading: Legal Ad: Second Reading: City of Winter Springs Ordinance No.2022-03 Page 2 of 2 66