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HomeMy WebLinkAbout2024 01 22 Regular 501 - Resolution 2024-01: Adoption of Board Member Code of ConductREGULAR AGENDA ITEM 501 CITY COMMISSION AGENDA | JANUARY 22, 2024 REGULAR MEETING TITLE Resolution 2024-01: Adoption of Board Member Code of Conduct SUMMARY The City Commission previously directed that the City Attorney prepare proposed rules of conduct for City boards and committees. Upon review of other communities, the recommended approach is to modify the City Commission's own rules of conduct, as appropriate, to address the role and responsibilities of members of City boards and committees. It is further recommended that the rules of conduct for boards and committees be established by resolution. If the resolution is approved, the Resolution directs the City Clerk to provide a copy of the resolution to all board and committee members, and to include the Resolution in the application for candidates seeking to be appointed to a City board or committee. FUNDING SOURCE RECOMMENDATION Staff recommends the Commission approve adoption of Resolution 2024-01. 200 Resolution No. 2024-01 City of Winter Springs Page 1 of 4 RESOLUTION NO. 2024-01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ADOPTING A CODE OF CODUCT POLICY FOR CITY BOARDS AND COMMITTEES; PROVIDING FOR DISTRIBUTION TO BOARD AND COMMITTEE MEMBERS AND RELATED APPLICANTS; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII, of the State Constitution, to exercise any power for municipal purposes except when expressly prohibited by law; and WHEREAS, the City Commission of the City of Winter Springs, Florida, has, from time to time, adopted policies for the proper management of City personnel and officials including, but not limited to additional rules of conduct for the Mayor and City Commission; and WHEREAS, the City Commission finds that adoption of a rules of conduct for members of City boards and committees will facilitate the operation of the various boards and committees within the City and will ensure that board and committee members will uphold the values of ethics and professionalism; and WHEREAS, The City Commission of the City of Winter Springs, Florida, hereby finds this Resolution to be in the best interest of the public health, safety, and welfare of the citizen s of Winter Springs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are hereby fully incorporated herein by this reference as part of this Resolution. Section 2. Creation of Rules of Conduct for Boards and Committees; Distribution of Resolution. (A) Unless otherwise provided or superseded by City Charter, City Ordinance, or state or federal law, members of City Boards and Committees shall adhere to the following additional rules of conduct as herein adopted and attached as Exhibit “A,” which is fully incorporated herein by this reference. (B) A copy of this Resolution shall be distributed by the City Clerk to all existing members of City boards and committee and shall be included with the City’s Board and Committee Application. 201 Resolution No. 2024-01 City of Winter Springs Page 2 of 4 Section 3. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted by the City Commission are hereby repealed. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this resolution 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 resolution. Section 5. Effective Date. This Resolution shall become effective immediately upon its adoption by the City Commission of the City of Winter Springs, Florida. RESOLVED by the City Commission of the City of Winter Springs, in a regular meeting assembled on the 22nd day of January, 2024. ______________________________ 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 202 Resolution No. 2024-01 City of Winter Springs Page 3 of 4 EXHIBIT A Additional Rules of Conduct for City Boards and Committees Members of City Boards and Committees (“Members”) shall adhere to the following additional rules of conduct: 1. The proper role of a Member is to act collectively, not individually, within the scope of the specific scope of duties and responsibilities delegated to their respective board or committee by the City Commission under applicable provisions of City ordinances and policies and law. 2. Members will not intrude into daily operations or spheres of responsibility designated by state statutes, City Code, and City Charter to the Mayor, City Commission and City Manager, as the chief executive officer; or undermine the City’s lawful authority including the role and responsibilities of their respective board or committee. 3. Members represent the interests of the City when making decisions and recommendations for their respective boards and committee, and will rely upon available facts and their respective independent judgment. In their official capacity as board or committee member, the Member will avoid conflicts of interest and avoid using their official position for personal, professional, or partisan gain. Voting conflicts shall be disclosed in accordance with the requirements of law. 4. Members will demonstrate dignity, civility, respect, and courtesy toward those whom they are in contact with in their official capacity. Members will refrain from intimidation and ridicule of others including, but not limited to, their fellow board or committee members, Mayor, City Commission, City Manager, City Attorney, staff, citizens of the city, and applicants or individual presenting before their respective board or committee. Members will be welcoming to speakers. Members will treat all City staff as professionals. Members will practice civility, professionalism, and decorum in discussions and debate. 5. Members, in their official capacity as an appointed board or committee member 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 appointed official of the City and the honor of serving as City official. 6. Members will devote adequate time for preparation prior to meetings and as much as possible, Members will be in attendance at such meetings and all other scheduled events where their official participation is required. 7. Members will refrain from any individual action that could compromise lawfully authorized decisions of the City or the integrity of the City and their fellow board or committee members. Members 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. 203 Resolution No. 2024-01 City of Winter Springs Page 4 of 4 8. Members will maintain the confidentiality of privileged information and will abide by all laws of the state applicable to their official conduct on the board or committee, 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 Resolution. 9. Members will promote constructive relations in a positive climate with the Mayor and City Commission, all City employees, City Attorney, and city contractors and consultants consistent with their official role on the board or committee, as a means to enhance the productivity and morale of the city. 10. Members will value and assist their fellow Members by exchanging ideas, concerns and knowledge gleaned from their research or training. Members will help build positive community support for the City in general by cooperation and mutual exchanges of praise when deserved, apologies when mistaken, and recommendations when needed. Members will demonstrate effective problem-solving approaches, because Members have a public stage to show how individuals with disparate points of view can find common ground and seek compromise that benefits the community as a whole. 11. If Members are reviewing and making recommendations on applications in a quasi-judicial hearing, Members will conduct themselves impartially and without bias. Members will afford quasi-judicial applicants and any interested party minimum due process during the hearing in accordance with applicable law. 12. Members will uphold all federal state, and local laws, including the Constitution of the United States, the Constitution of the State of Florida, the Charter of the City of Winter Springs, and the Code of Ordinances of the City of Winter Springs. 13. Members will be accountable to the City Commission and their fellow board or committee members for their actions and any violations of the additional rules of conduct established by this Resolution and law. 14. The additional rules of conduct established by this Resolution shall not be construed or interpreted in any way to abrogate, limit, or interfere with the freedom of speech or expression enjoyed by any Member under the Constitutions of Florida and United States. Neither shall the additional rules of conduct be construed or interpreted in any way to abrogate, limit, or interfere with the right of any board, committee, or City Commission, as a governing body, to communicate its position on any issue or matter in accordance with law. 204