Loading...
HomeMy WebLinkAboutOrd Draft Council Rules - MNGDRAFT ORDINANCE NO.XX-2019 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 2 ADMINISTRATION, ARTICLE II CITY COUNCIL, DIVISION 1, SECTION 2-28 CODE OF CONDUCT; AND ARTICLE IV BOARDS, COMMITTEES, COMMISSIONS (CITY BOARDS), SECTION 2-172; AMENDING THE CODES OF CONDUCT FOR CITY COUNCIL AND BOARDS, IN FURTHERANCE OF ENSURING EFFICIENT, EFFECTIVE AND DECOROUS MEETINGS; ENSURING THE PROTECTION AND SECURITY OF THE CITY BY CONDUCTING ALL OFFICIAL BUSINESS OF THE CITY USING CITY COUNCIL APPROVED INTERNET AND SOCIAL MEDIA PLATFORMS; AND TO FURTHER ENSURE PROPER MANAGEMENT OF ALL CITY RECORDS CREATED OUTSIDE OF THE OFFICIAL CITY WEBSITE AND SOCIAL MEDIA PLATFORMS; PRESCRIBING PENALTIES FOR VIOLATING SAID CODE AS SPECIFICALLY SET FORTH HEREUNDER; 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 the City Council desires to amend the City Code with respect to the rules and procedures for matters before the City Council at City Council meetings; and WHEREAS, the City Council desires to conduct its business with order and efficiency; and the City Council has found it necessary to periodically review its rules and procedures for the most expedient and efficient business practices in the City; and WHEREAS, the City Council has the right to establish rules of procedure for council meetings in order to promote orderly and efficient conduct of such meetings. See, e.g., Rowe v. City of Cocoa, 358 F.3d 800 (U.S. 1 lth Cir. 2004); and WHEREAS, on October 18, 2011, the City Council established for itself a Code of Conduct to be adhered to in addition to the requirements of Florida law; and 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 Cape Canaveral; (b) the morale and job performance of City employees, contractors, board members, others involved in the different facets of City City of Cape Canaveral Ordinance No. 00-2019 Page 1 of 8 DRAFT Government, and the other City Council Members; and (c) the City's accountability to the citizens of Cape Canaveral; and WHEREAS, the City Council desires to amend Secs. 2-28 and 2-172 Codes of Conduct for the City Council and Boards, Committees and Commissions, providing additional guidelines related to the City's Social Media Policy to protect the City's interests; and WHEREAS, the City Council desires to create a Code of Conduct for City employees providing additional basic guidelines regarding the City Social Media Policy and to help protect the City's interests and to be adhered to in addition to the requirements of Florida law; and WHEREAS, the City Council desires to uphold the City Mission Statement, Vision Statement, Principles as part of the annual retreat (?) kindness movement thereby further strengthening the Oaths of Office taken by each City Council Member upon being sworn in as newly elected officials of the City; each City Advisory Board Member appointed to each Board and Committee and each City Employee upon being hired to work for the City of Cape Canaveral; WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard 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 Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 2, Administration, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and qrikcout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 2. It is intended that the text in Chapter 2 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 2. ADMINISTRATION ARTICLE II. CITY COUNCIL City of Cape Canaveral Ordinance No. 00-2019 Page 2of8 DRAFT DIVISION 1. GENERALLY Sec. 2-28. Code of Conduct. In addition to adhering to the requirements of state law, all councilmembers shall commit to the following code of conduct by written affirmation, which shall remain on file with the city clerk, as follows: (a). I affirm that the proper statutory and City Charter role of a councilmember, 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. (b). I understand that a councilmember does not manage the affairs of the city. I will not intrude into daily operations or spheres of responsibility designated by Florida Statutes, City Code, and City Charter to the city manager as the chief executive officer; or undermine the city manager's lawful authority. Further, I understand that the city manager is responsible for administering the policy direction established by a majority vote of the city council and not the policy wishes of one individual councilmember. (c). I will represent the interests of the entire city when making decisions and will rely upon available facts and my independent judgment. In my capacity as a councilmember, I will avoid 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 whom I am in contact with in my capacity as a councilmember. I will refrain from intimidation and ridicule of fellow councilmembers, city manager, city attorney, staff, citizens of the city, and city utility customers. (e). In my capacity as a councilmember, I 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 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 City of Cape Canaveral Ordinance No. 00-2019 Page 3of8 DRAFT 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 council. (h). I will devote adequate time for preparation prior to city council meetings and as much as possible, I will be in attendance at such meetings and all other scheduled events where my participation is required. (i). I will respect diversity and encourage the open expression of divergent ideas and opinions from fellow city councilmembers, city manager, city attorney, staff, citizens of Cape Canaveral, and city utility customers. I will listen actively and objectively to others= concerns or constructive criticisms. (j). I will refrain from any individual action that could compromise lawfully authorized decisions of the city or the integrity of the city and my fellow councilmembers. I will delineate clearly for any audience whether I am acting or speaking as an individual citizen or in my capacity as a representative of the city. (k). I will maintain in confidence any privileged or confidential information provided to me 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 council or city manager or required by law. In addition, I will refrain from copying any written privileged or confidential documents provided to me by the city and will keep such documents in safekeeping. Further, upon leaving office or upon request by the city council or city manager, I will return to the city any privileged or confidential documents or materials provided to me by the city while serving on the city council. (1). I will abide by all laws of the State of Florida applicable to my conduct as a councilmember, including but not limited to the Government in the Sunshine Law, the Florida Code of Ethics for Public Officers, and city rules of procedure and codes of conduct. (m). I will promote constructive relations in a positive climate with all city employees, city attorney, and city contractors and consultants consistent with my role as a councilmember, as a means to enhance the productivity and morale of the city. I will support the city manager's decision to employ the most qualified persons for staff positions. I 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. (n). I will enhance my knowledge and ability to contribute value to the city as a councilmember by keeping abreast of issues and trends that could affect the city through reading, continuing education and training. I will study policies and issues affecting the city, and will attend training programs if required by the city. My continuing goal will be to improve my performance as a councilmember. City of Cape Canaveral Ordinance No. 00-2019 Page 4of8 DRAFT (o). I will value and assist my fellow councilmembers by exchanging ideas, concerns, and knowledge through lawful means of communication. I will help build positive community support for the city--s mission and the policies established by the city council. (p). I will support and advocate for my beliefs, but will remain open to understanding the views of others. I recognize that I share in the responsibility for all city decisions and will accept the will of duly authorized decisions of the city council and city electorate. (q). I understand that my first priority as a councilmember will always be to look out for the best interests of the citizens of the city and the public health, safety and welfare. I will seek to provide appropriate leadership that nurtures and motivates city citizens to be stakeholders in the affairs and achievements of the city. ( r). I will be accountable to the city council for violations of this code of conduct. DIVISION 3. MEETINGS Sec. 2-66. - Consideration of matters before council. (a). The city council shall not take action upon any matter which is not listed upon the official agenda, unless a majority of the councilmembers present have first consented to the presentation of the matter for consideration and action. (b). All items of business shall be considered in accordance with the agenda and announced by the presiding officer. Any motion shall then be appropriate. Except as prohibited by law, where discussion is not anticipated on an item, the city manager may add such item to the consent agenda. The city council may approve en masse all or some items on the consent agenda by one motion and vote. Any councilmember may request that an item be removed from the consent agenda. Upon such request, the item will be removed from the consent agenda and considered immediately following the vote to approve the remaining consent agenda items unless placed elsewhere on the agenda by council vote. Discussion on consent agenda items will only be permitted on items removed from the consent agenda. ( c). When a motion is presented and seconded, the motion belongs to the city council as a body for consideration and disposition unless withdrawn by unanimous consent of the city council. While the motion is under consideration, no motion shall be received thereafter until the motion is decided, except as authorized under Robert's Rules of Order including a motion, to City of Cape Canaveral Ordinance No. 00-2019 Page 5 of 8 DRAFT adjourn, to recess, to lay on the table, to postpone or to amend. These motions shall have preference in the order in which they are mentioned and the motions to adjourn, to recess and to lay on the table shall be decided without debate. Final action upon a pending motion may be deferred by a majority vote of the members present to a date certain or if a date certain is not provided in the motion, until the next regular meeting. (d). The presiding officer may move, second and debate from the chair, subject only to such limitations of debate as are imposed by this division upon all members, and the presiding officer shall not be deprived of any of the rights and privileges of a councilmember because of his being the presiding officer. (e). Every councilmember desiring to speak for any purpose shall confine himself or herself to the question under debate, avoiding all personalities and indecorous language. A member once recognized shall not be interrupted when speaking unless the interruption shall be to call the councilmember to order or as otherwise provided in this division. (f). Any citizen or interested party present at the meeting may orally petition the presiding officer to address the council on issues that are being considered by the city council. Permission 1-may be granted only after a showing that the subject matter is relevant to the business under consideration and is significantly informative to the council, unless the matter under consideration is a public hearing item. In which case, the citizen or interested party shall be heard when the mayor or presiding councilmember opens the floor for the public hearing. If such citizen or interested party is speaking as an authorized representative, such person shall also advise the council of the name of the person, group, business, or organization being represented. (g). Each person addressing the council shall be required to speak from the podium or at such other city designated speaker location, shall give his or her name and address in an audible tone for the minutes and, unless further time is granted by the council because the complexity of the relevant issue raised requires additional consideration by the council, shall limit his or her address to five minutes. No person other than councilmembers and the person having the floor shall be permitted to enter into any discussion either directly or through a member of the council without the permission of the presiding officer. No question shall be asked of councilmembers, the city manager, city attorney, or staff except through the presiding officer. Councilmembers, the city manager, city attorney, and staff are not required to respond directly to persons addressing the council, but may respond in the discretion of the council or as required bylaw. (h). Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the council shall be barred from further audience before the council by the presiding officer, unless permission to continue or again address the council is granted by the majority of the council. (i). Members of the city council_shall have the privilege of closing debate ("call the question") on any pending motion by obtaining a minimum of 2/3 vote of the city council. City of Cape Canaveral Ordinance No. 00-2019 Page 6 of 8 DRAFT (j). Disruptive behavior by members of the audience including, but not limited to, fighting, yelling, throwing or launching projectiles, audible use of electronic devices, and causing loud noises is strictly prohibited. (k). Councilmembers shall abide by all applicable voting conflict laws. With respect to disclosure of voting conflicts, councilmembers shall disclose known conflicts in accordance with law, provided, however, said disclosure shall be no later than the time that the council first considers the agenda item in which the voting conflict exists. If the voting conflict is not discovered until the agenda item is under consideration, disclosure shall be required at such time the councilmember becomes aware of the voting conflict. (1). It shall be the responsibility of any person deciding to appeal any decision made by the city council with respect to any matter considered at a public hearing under this section, to insure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which any such appeal is to be based. (m). The city council shall afford minimum due process regarding quasi-judicial matters in accordance with law. The city council may establish detailed written procedures for handling quasi-judicial matters to the extent deemed necessary to afford minimum due process. Disclosure of ex parte communications by city councilmembers during quasi-judicial proceedings shall be in accordance with the procedures and requirements set forth in section 286.0115, Florida Statutes, which are hereby adopted in their entirety. (n). The mayor or the presiding councilmember shall enforce the rules adopted under this section. Any person in violation of any of the rules shall first be given a warning of the violation. Any subsequent violations shall be cause for removal from the chambers by the sergeant of arms or designee for the remainder of the city council meeting by order of the mayor, the presiding councilmember or a majority of the city council. Notwithstanding, the mayor, the presiding councilmember or a majority of the city council may order the immediate removal of any person from the city council chambers that poses a threat to property or life safety. *** Sec. 2-68. General Discussion. Every regular meeting of the city council shall include a period of time limited to one - quarter hour for the purpose of a question -and -answer session during which any person from the audience may direct questions concerning city business or affairs to any member of the council or officer or official of the city. The limitations and requirements set forth in section 2-66 shall apply. In addition, the following other requirements shall apply: (a). If it appears that a matter presented by a speaker during general discussion is administrative in nature, and the question or matter raised can be adequately answered or addressed by the city manager or administrative staff, the city council may request, upon City of Cape Canaveral Ordinance No. 00-2019 Page 7 of 8 DRAFT consensus or proper motion and majority vote, that the speaker refer the matter to the city manager or his designee during normal city business hours. If such a referral is made by the city council, the speaker shall have no further right to present that matter at the meeting. If the speaker is not adequately satisfied by the city's administrative staff upon proper referral, the speaker shall have the right to bring the matter in question before the city council during the general discussion portion of any subsequent regular city council meeting. (b). The city council recognizes that the general discussion portion of the meeting is for the purpose of legitimate inquiries and discussion by the public and not for the purpose of advancing questions, arguments or repetitious questions concerning matters which the city council believes to be closed, privileged and confidential, or not of general public concern to the city. Further, it is not appropriate to address quasi-judicial and public hearing items under general discussion. The city council shall have the right during general discussion to decline to hear any person or any subject matter upon consensus or proper motion and majority vote by the city council. *** 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 Ordinance. Council Members appointed or elected subsequent to the effective date of the Ordinance shall be required to affix their signature to this Ordinance or an addendum hereto upon taking the Oath of Office as a City Council Member. Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 5. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral 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 6. 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 7. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. City of Cape Canaveral Ordinance No. 00-2019 Page 8 of 8 DRAFT ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of September, 2019. BOB HOOG, Mayor ATTEST: MIA GOFORTH, City Clerk Bob Hoog Mike Brown Wes Morrison Rocky Randels Angela Raymond First Reading: Advertisement: Second Reading: Approved as to form and legal sufficiency for the City of Cape Canaveral only: Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance No. 00-2019 Page 9 of 8 For Against