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HomeMy WebLinkAboutResolution 2005-38_ RESOLUTION NO. 2005-38 A RESOLUTION OF THE CITY COiJNCIL OF THE CITY OF CAPE CANAVERAL IN ACCORDANCE WITH THE CITY CHARTER AND THE CITY CODE ESTABLISHING A CODE OF CONDUCT FOR CITY COUNCIL MEMBERS AND CITY BOARD MEMBERS 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 appointed City Board Members 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 fob performance of City council members, employees, contractors, board members, others involved in the different facets of City government; and (c) the City's accountability to the citizens of Cape Canaveral; and WHEREAS, the City Council of the City of Cape Canaveral desires to adopt a Code of Conduct for its members and appointed board members for purposes of enhancing professionalism, performance, productivity, morale, accountability, and integrity of 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 Cape Canaveral. NOW, THEREFORE, be it resolved by the City Council of the City of Cape Canaveral, Florida, as follows: Section 1 , Code of Conduct The following Code of Conduct is hereby adopted for the City Council and City Boards and the members thereof as a public statement of expected conduct and ethics, and that members of the Council and members of appointed boards 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 and of members of appointed City boards, as with any elected member of a legislative body or appointed government body, is to act collectively, not individually, to set and/or revise and/or to apply the City of Cape Canaveral's governing policies and that the City Manager and staff administer such policies. b. I understand that a City Council Member or an appointed board member does not City of Cape Canaveral Resolution No. 2005 -38 Page 1 of 4 manage the affairs of the City (a) by intruding into daily operations or spheres of responsibility designated by Florida Statutes, City Code, and the City Charter to the City Manager as the chief executive officer; or (b) by undermining the City Manager's lawful authority. 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 an elected City Council Member or an appointed board 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 or appointed board member. I will refrain from intimidation and ridicule of fellow Council Members or appointed board members, City Manager, City Attorney, staff, and other stake - holders in the City of Cape Canaveral. e. In my capacity as an elected City Council member or appointed board 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 or appointed official and the honor of the City Council or my respective appointed City board. 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 or my respective appointed City board. h. I will devote sufficient time for adequate preparation prior to City Council meetings or my respective City board meeting and be in attendance, insofar as possible, at those meetings and all other scheduled events at my 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 Cape Canaveral Resolution No. 2005 -38 Page 2 of 4 i. I will respect diversity and encourage the open expression of divergent ideas and opinions from fellow City Council or board members, City Attorney, staff, citizens of Cape Canaveral, and 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 the integrity of the City or my fellow City Council or board 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. 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 applicable City Rules of Procedure in both its spirit and its intent. 1. I will promote constructive relations in a positive climate with all City employees, consistent with my role as a Council member or appointed board 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 Cape Canaveral'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 Cape Canaveral, and attend training programs if required by the City. My continuing goal will be to improve my performance as an elected City Council Member or appointed City board member. n. I will value and assist my fellow City Council Members or appointed City board members by exchanging ideas, concerns and knowledge gleaned from my research or training. I will help build positive community support for the City of Cape Canaveral's mission and the policies established by the City Council. o. 1 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 decisions that my respective board makes and will accept the will of the majority. P. I will remember always that my first and greatest concern must be the citizens of Cape Canaveral and the public health, safety, and welfare. I will seek to provide appropriate leadership that nurtures and motivates the citizens of Cape Canaveral to be stakeholders in the affairs and achievements of the City. City of Cape Canaveral Resolution No. 2005 -38 Page 3 of 4 q. I will be accountable to the City Council for violations of the Code of Conduct set forth in this Resolution. Section 2 . Enforcement For any violation of this Resolution, the City Council may seek remedies and take appropriate actions, as prescribed in the City Charter and the City Code. Section 3. Execution by Council and Appointed Board Members The current members of the City Council and appointed City boards shall pledge to uphold the code tenets set forth herein by affixing their signatures to this Resolution. Council and board 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 or upon appointment to a City board. 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 S. 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. DONE AND ADOPTED in regular session of the City Council of the City of Cape p Canaveral, Florida this I st day of November, 2005. CITY OF CAPE CANAVERAL Rocky Randels, May Attest: p For Against Burt Bruns Second Bob Hoog x Jim Morgan SUSA : STILLS, City Clerk Buzz Petsos Motion Rocky Randels X A rov ` s'to l form and suffi ciency pp eft f �ciency for t i of Cape Canaveral, Florida Only Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution No. 2005 -38 Page 4 of 4