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HomeMy WebLinkAbout2002-008(Establishing a Code of Conduct for City Council Members)i RESOLUTION NO. 2002-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COCOA IN ACCORDANCE WITH ARTICLE III, §13(c) OF THE CITY CHARTER AND THE CITY OF COCOA VISIONING PLAN ESTABLISHING A CODE OF CONDUCT FOR CITY COUNCIL MEMBERS AND PRESCRIBING PENALTIES FOR VIOLATING SAID CODE AS SPECIFICALLY SET FORTH HEREUNDER; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the performance of duties and responsibilities of an elected City Council Member and the manner in which such duties are performed have a direct impact on (a) the quality of services afforded to the citizens of Cocoa; (b) the morale and job performance of City employees, contractors, board members, others involved in the different facets of City government, and the other City Council Members; and (c) the City's accountability to the citizens of Cocoa; and WHEREAS, the City Council of the City of Cocoa desires to adopt a Code of Conduct for its members for purposes of enhancing professionalism, performance, productivity, morale, accountability, and integrity of the City Council and all facets of City government; and WHEREAS, the City Council finds that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Cocoa. NOW, THEREFORE, be it resolved by the City Council of the City of Cocoa, Florida, as follows: Section 1. Code of Conduct. The following Code of Conduct is hereby adopted for the City Council and the Members thereof as a public statement of expected City Council conduct and ethics, and that members of the Council shall evidence their pledge to uphold the following code tenets by affixing their signatures to this Resolution as set forth in Section 3 herein: a. I affirm that the proper statutory and City Charter role of a City Council Member, as with any elected member of a legislative body, is to act collectively, not individually, to set and/or revise the City of Cocoa's governing policies and that the City Manager and staff administer such policies. City of Cocoa Resolution No. 2002-08 Page 1 of 5 b. I understand that a City Council Member does not manage the affairs of the City (a) by intruding into daily operations or spheres of responsibility designated by Florida Statutes and the City Charter to the City Manager as the chief executive officer or to administrators acting as City Manager designees; or (b) by undermining the City Manager's lawful authority. c. I will represent the interests of the entire City and the District that has elected me (excluding at -large Mayor) when making decisions and will rely upon available facts and my independent judgment. In my capacity as an elected City Council Member, I will avoid all legal conflicts of interest and avoid using my official position for personal, professional or partisan gain. d. I will demonstrate dignity, respect, and courtesy toward those with whom I am in contact in my capacity as a City Council Member. I will refrain from intimidation and ridicule of fellow Council Members, City Manager, staff, and other stake -holders in the City of Cocoa. e. In my capacity as an elected City Council Member, I will refrain from inappropriate language including statements that are malicious, threatening, 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 the City Council. f. I will focus on solving problems. I will maintain appropriate decorum and professional demeanor in the conduct of City business and work cooperatively and conscientiously with others as I request or receive information, examine data or weigh alternatives in the decision -making process. g• I 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 more urgent duties. Such requests will be made through the City Manager for scheduling and prioritizing or through consensus of the City Council. h. I will devote sufficient time for adequate preparation prior to City Council meetings and be in attendance, insofar as possible, at those meetings and all other scheduled events at which Council member participation is required. I will prepare myself through study, inquiry and thought so as to be informed thoroughly about issues to be discussed in public meetings. City of Cocoa Resolution No. 2002-08 Page 2 of 5 i. I will respect diversity and encourage the open expression of divergent ideas and opinions from fellow City Council Members, staff, citizens of Cocoa, and utility customers. I will listen actively and objectively to others' concerns or constructive criticisms. I will refrain from any individual action that could compromise the integrity of the City, the City Council, or fellow City Council Members. I will delineate clearly for any audience whether I am acting or speaking as an individual citizen or I am acting or speaking in my capacity as a representative of the City Council. k. I will maintain confidentiality of privileged information and will abide by the Government in the Sunshine Law, the Florida Code of Ethics for Public Officers, and the City Council Rules of Procedure in both its spirit and its intent. 1. I will promote constructive relations in a positive climate with all .employees, consistent with my role as a Council member, as a means to enhancement of productivity and morale. I will support employment of best qualified persons for staff positions. I will recognize the achievements of staff, business partners, and others sharing the City of Cocoa's mission. m. I will update and improve my knowledge, contributions, and value to the City by keeping abreast of current educational issues and trends through reading, continuing education and training. I will study policies and issues affecting the City of Cocoa, and attend training programs such as those offered through the National, Florida, and Space Coast League of Cities. My continuing goal will be to improve my performance as an elected City Council Member. n. I will value and assist my fellow City Council Members by exchanging ideas, concerns and knowledge gleaned from my research or training. I will help build positive community support for the City of Cocoa's mission and the policies established by the City Council. o. I will take a stand for my beliefs but will remain flexible enough to understand others' views. I recognize that I share in the responsibility for all City Council decisions and will accept the will of the majority. I will remember always that my first and greatest concern must be the citizens of Cocoa and the public health, safety, and welfare. I will seek to provide appropriate leadership that nurtures and motivates the citizens of Cocoa to be stakeholders in the affairs and achievements of the City. City of Cocoa Resolution No. 2002-08 Page 3 of 5 q• I will be accountable to the titytouncil for violations oftiie Code of Conduct set forth in this Resolution. Section 2. Penalties. Based upon the gravity and frequency of the violation, the City. Council, by majority vote (unless otherwise provided below), may impose any and all of the following penalties for a violation of this Resolution by any member of the City Council: 1. Required public apology; 2. Censure of Council Member (Verbal Reprimand); 3. Written Reprimand to be included within the minutes of the City Council; 4. Resolution of Reprimand (Written and published, in a newspaper and the City's FYI publication); 5. Fine not to exceed $100.00 for the first violation and not to exceed $500.00 per repeat violation (fmes require 4/5 vote of Council); and 6. If the violation occurs during a City Council meeting and unduly disrupts the Council from conducting City business: a. Written reprimand to be included within minutes and temporary recess of Council Meeting to regain control; b. Upon return and a second such violation by the Council Member, the temporary ouster of the Council Member from that meeting in order to regain control of the meeting (discouraged except for the absolute necessity of conducting Council business). Section 3. Execution by Council Members. The current Members of the City Council shall pledge to uphold the code tenets set forth herein by affixing their signatures to this Resolution. Council Members appointed or elected subsequent to the effective date of this Resolution shall be required to affix their signature to this Resolution or an addendum hereto upon taking the Oath of a City Council Member. Section 4. Severability. In the event that any word, phrase, clause, sentence or paragraph hereof shall be held invalid by any court of competent jurisdiction, such holding shall not affect any other word, clause, sentence or paragraph hereof. Section 5. Repealing Clause. All Resolutions or other actions of the City which are in conflict herewith are hereby repealed to the extent of such conflict or inconsistency. Section 6. Effective Date. This Resolution shall take effect immediately upon its adoption. City of Cocoa Resolution No. 2002-08 Page 4 of 5 DONE AND ADOPTED in regular session of the City Council of the City of Cocoa, Florida this 8 day of January, 2002. Clark, City Clerk Jewel Collins, Deputy Mayor Date: January 8, 2002 Todd`Anderson, Council Member Date: January 8, 2002 Date: January 8 , 2002 Brenda Warner, Council Member Date: January 8, 2002 City of Cocoa Resolution No. 2002-08 Page 5 of 5