HomeMy WebLinkAboutCity of Tamarac Ordinance O-2007-022Temp. Ord. # 2154
November 26, 2007
Rev. #2 — November 27, 2007
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ORDINANCE NO. 0-2007zV
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AMENDING CHAPTER 2 OF THE CITY'S
CODE OF ORDINANCES, ENTITLED "ADMINISTRATION",
CREATING ARTICLE X, TO BE ENTITLED "CODE OF ETHICS";
PROVIDING FOR A CODE OF ETHICS FOR ELECTED AND
APPOINTED CITY OFFICIALS; PROVIDING FOR INTENT AND
PURPOSE; PROVIDING FOR DEFINITIONS; INCORPORATING
CHAPTER 112, FLORIDA STATUTES, AS AMENDED FROM
TIME TO TIME; PROVIDING FOR STANDARDS OF CONDUCT;
PROVIDING FOR PENALTIES AND ENFORCEMENT;
PROVIDING FOR CODIFICATION; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 112.311, et seq., Florida Statutes, known as the
Code of Ethics for public officers and employees, was enacted because the
public interest requires that the public be protected from conflicts of interest and
unethical conduct by elected and appointed public officers; and
WHEREAS, the City Commission of the City of Tamarac, Florida, desires
to enact a Code of Ethics governing the City's public officers in the performance
of their designated duties; and
WHEREAS, this City of Tamarac Code of Ethics is intended to apply to
the day-to-day conduct of elected and appointed public officials of the City of
Tamarac; and
WHEREAS, this Code of Ethics will serve as a valuable reference guide
for all those in whom the public has placed its trust; and
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WHEREAS, the City Commission of the City of Tamarac has determined
that the enactment of a City Code of Ethics is in the best interests of the citizens
of the City of Tamarac, protects the integrity of City government, fosters public
confidence in the actions of the City, and will assist in ensuring that the City's
elected and appointed officials abide by the highest ethical standards.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, THAT:
Section 1: The foregoing WHEREAS clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Ordinance upon adoption hereof.
Section 2: The City Commission of the City of Tamarac hereby amends
Chapter 2 of the City's Code of Ordinances, entitled "Administration", by
specifically amending Article V of the City's Code of Ordinance, entitled "Conflicts
of Interest", as follows:
Article V. Conflicts of Interest
Sec. 2-262. Definitions.
The following words, terms and phrases, when used in this article, shall
have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
Officer means any elected or appointed official.
Employee means any employee of the city, the city attorney, and other
employed attorneys, .
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November 26, 2007
Rev. #2 - November 27, 2007
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Sec.2-271. Gifts
No e#;eeF-er employee shall receive, directly or indirectly, any
compensation, reward or gift of even nominal value from any source
except compensation from the city for any service, advice, assistance or
other matter related to the governmental processes of the City.
Sec. 2-275. Code of Ethics
Notwithstanding and in addition to the provisions of this Article, elected
and appointed City officials shall be subject to the Code of Ethics set forth
in Chapter 2, Article X of the City's Code of Ordinances
Section 3: The City Commission of the City of Tamarac hereby amends
Chapter 2 of the City's Code of Ordinances, entitled "Administration", by
specifically creating Article X of the City's Code of Ordinance, to be entitled
"Code of Ethics", as follows:
Article X. Code of Ethics
Sec. 2-400 Short title.
Section 2-401 through_ Section 2-408 shall be„known and cited as the " Citx
of Tamarac Code of Ethics for Public Officers."
Sec. 2-401. Intent and purpose.
The purpose of this article is to strengthen the qualfty of representative
ovemment through ethical principles governing the conduct of the cit 's
elected and appointed officials. It is important to assure that that the
policies and decisionsmade by public officers are made through
established processes of government, that public officers do not utilize
public office for private or personal_ benefit, that public officers avoid action
which creates _ the appearance of impropriety, and that the public have
confidence in the integrity of city government and the City's public officers.
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Sec. 2-402. Definitions. References in this article to the Florida Statutes
shall be interpreted as meaning Florida Statutes as amended from time to
time.
a Business entity shall have the meaning ascribed in Section 112.312 5
Florida Statutes.
b Candidate shall have the meaning ascribed in Section 112.312 6
Florida Statutes.
c Conflict or conflict of interest shall have the meaning ascribed in
Section 112.312(8), Florida Statutes.
d Gift shall have the meaning ascribed in Section 112.312 12 Florida
Statutes.
e Public officer shall mean elected and appointed officials and shall
include the meaning ascribed in Section 112.313 1 Florida Statutes.
f Relative shall have the meaning ascribed in Section 112.312 21
Florida Statutes.
Sec.2-403. Acknowledgment.
All public officers of the city and candidates for city -elective office upon
appointment, election or qualifying, are strongly encouraged to submit a
signed statement to be provided by the City Clerk acknowledging that the
have received read understand and agree to be bound by the Cit of
Tamarac Code of Ethics for Public Officers.
Sec. 2-404. Applicability of Chapter 112, Florida Statutes.
Nothing in the City of Tamarac Code of Ethics for Public Officers shall be
interpreted or construed as conflicting with Section 112.311 et seq.,
Florida Statutes as amended from time to time which is also applicable to
public officers of the City. This article is intended to supplement state law
provisions governing ethics in government.
Sec. 2-405. Standards of conduct.
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In furtherance of the public trust assumed by public officers of the Cit
upon their election or appointment to public office the following standards
of conduct shall be applicable to public officers of the City:
Each public officer shall be dedicated to the concepts of effective
and democratic local government, respecting the principals and spirit of
representative democracy, and setting a positive example of good
citizenship by scrupulously _observing the letter and spirit of applicable
laws, rules, and regulations.
b) Each public officer shall Dledae himself or herself to affirm the
dignity and worth of the services rendered by City government and to
maintain a constructive creative and practical attitude towards urban
affairs incorgoratina a deep sense of social resDonsibility as a public
servant.
(c) Each public officer shall be dedicated to the highest ideals of honor
and integrity in all public and personal relationships and shall conduct
themselves in a manner which maintains and promotes public confidence
in City government.
(d) Each public officer shall_ recognize that the main function of local
government, at all times, is to serve and promote the best interests of the
public.
e Each public officer pledges to support and carry out public policy in
furtherance of the Mission Statement of the City.
Each public officer pledges to keep the community informed on the
affairs of City government, emphasize and practice friendly and courteous
service to the public, and seek to improve the quality and image of public
service.
Each public officer Dledaes that he or she will not misuse the office
or position, will not participate in debate on any matter which may come
before the _City Commission for decision and which may benefit a family
member, client or business ac uaintance and will not seek or accept an
personal profit or gain, or unwarranted favor or privilege for himself or
herself, or any_ relative or other person.
(h) Each public officer pledges not to improperly influence or attempt to
influence other Dublic officers.
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i A public officer shall not engage in solicit negotiate for or promise
to accept private employment or render services for private interests or
conduct a private business when such employment, service or business
creates a conflict with the proper dischar a of his or her official duties as a
public officer.
A public officer shall not invest or hold any investment directly or
indirectly, in any financial business, commercial, or other private
transaction that creates a conflict with one's official duties as a public
officer.
k) Florida's Gift Law, as amended from time to time and as codified at
Section 112.3148 Florida Statutes is hereby incorporated herein b
reference. A public officer shall not directly or indirectly solicit accept, or
receive any gift,whether it be money, services loan travel entertainment
hospitality, l2romise, or any other form if: (1) it could be reasonably inferred
or expected that the gift was intended to influence the performance of a
public official's duties: or 2 the gift was intended to serve as an
inducement for an imorooer action or as a reward not otherwise permitted
under Florida law.
I Each public officer agrees to be honest fair, and respectful to
others in performing his or her duties as a public officer and agrees to
refrain from and avoid conduct creating an appearance of impropriety or
which is otherwise unbefitting a public officer, including but not limited to
making false accusations or personal attacks against another public
officer, or behaving in a rancorous or contentious manner.
m) A oublic officer shall not use the provisions of this Code of Ethics to
further frivolous claims against one another. Frivolous claims shall be
those forwarded with knowledge that the claim contains one or more false
allegations or those made with reckless disregard as to whether the
comDlaint or claim contains false allegations of fact material to a violation
of this Code of Ethics.
n Each public officer pledges to uphold and adhere to the provisions
of the Charter of the Cites
o A 12ublic officer shall not knowingly violate any federal state or
local law, rule or regulation.
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(p) Each public officer serving on the City Commission or an advisory_
board of the City, when appearing before any other governmental body or
within the contents of any written communication, pledges to inform the
recipient of the oral or written communication that the issue before such
governmental body or in writing has or has not t been addressed_ officially
by the City _Commission or the advisory board
_ . „ r of which he or she is a
member; and further pledges to inform the recipient(s) of the oral or
written communication of any official position _ taken by the City
Commission or an advisory board and indicate that his or her appearance
or written correspondence is or is not authorized by the City Commission
or an advisory board. When a_ member of the City Commission is
representing the City Commission before another governmental body, said
member of the City Commission shall at a minimum update the other
members of the _ City Commission and the City Manager at the next
scheduled City Commission meeting,
(g) A public officer shall not disclose confidential information acquired
in one's capacity as a public officer to others or use such confidential
information to further one's personal interests.
(r) No public officer shall undermine the duties, responsibilities, and
role of the City Manager, as provided in the Charter and the Code of
Ordinances and as assigned by the City Commission.
(s) Each public officer shall disclose all personal relationships in any
instance whether there_ could be a conflict of interest or an appearance of
conflict.
(t)_ Nothing herein shall be construed to apply to the solicitation or
acceptance of contributions to the campaign of an announced candidate
for elective city office as governed by Chapter 106 Florida Statutes.
(u) No public officeri_h_owever, shall be prohibited from giving or
receiving:
(1) An award publicly presented in recognition of public service;
(2) Commercially reasonable loans made in the ordinary course
of a lender's business: or
(3) Reasonable entertainment, meals, or refreshments furnished
in connection with public events appearances, or
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ceremonies related to official duties or city government
business.
(v) No public officer shall be prohibited_ from making an inquiry for
information or providing assistance on behalf_ of a citizen or interested
person if no fee, reward, or other thing of value -is promised to, given to, or
accepted by the public officer or a relative of -a public officer, whether
direct) or indirectly, in return therefor. However, no public officer shall
"influencepeddle" or use his or her position as a public officer to gain
favors or benefits inconsistent with City policy or applicable law on behalf
of any citizen or other person.
Sec. 2-406. Orientation of elected officials.
(a) Newly elected members of the city commission shall, within twelve
(12) months of the administration of the oath of office, attend and
successfully complete the Institute for Elected Municipal Officials IEMO
or similar program deemed qualified by the City Commission.
(b) Newly elected members of the City _Commission shall receive an
instructional orientation on City government from the City Manager and
the City Attorney within ten 10 business days of the administration of the
oath of office.
Sec.2-407. Retreats.
In furtherance of the goals and purposes of the City of Tamarac Code of
Ethics for Public Officers on an annual basis members of the City
Commission shall attend at least one strategic planning retreat and City
Commission retreats, as scheduled by the City Commission in
consultation with the City Manager. Attendees_ at these retreats shall be
the members of the City Commission the City Manager, the City Attorney,
and those public officers of the city whose attendance is deemed
necessa by the City Manager -
Sec. 2-408. Enforcement.
Violation of anv of the provisions of this article may constitute grounds for
suspension or removal from office pursuant toapplicable statutory and
constitutional procedures. Any advisory board member who violates any
of the provisions of this article may be removed from any and all boards
pursuant to applicable statutes and local ordinances. Any elected public
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officer that violates the City of Tamarac Code of Ethics shall also be
subject to censure by a four -fifths vote of the City Commission.
SECTION 3: It is the intention of the City Commission of the City of
Tamarac, Florida that the provisions of this Ordinance shall become and be
made a part of the Code of Ordinances of the City of Tamarac, Florida, and that
the Sections of this Ordinance may be renumbered, re -lettered and the word
"Ordinance" may be changed to "Section," "Article" or such other word or phrase
in order to accomplish such intention.
SECTION 4: If any clause, section, or other part or application of this
Ordinance shall be held by any court of competent jurisdiction to be
unconstitutional or invalid, such unconstitutional or invalid part or application shall
be considered as eliminated and so not affecting the remaining portions or
applications remaining in full force and effect.
SECTION 5: All Ordinances or parts of Ordinances, Resolutions or parts
of Resolutions in conflict herewith be and the same are hereby repealed to the
extent of such conflict.
SECTION 6: This Ordinance shall become effective immediately upon
adoption.
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PASSED, FIRST READING this ol- pAY OF , 2007.
PASSED, SECOND READING thisDAY OF , 2007.
ATTEST:
l I
MARION SW NSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form.
B Y•
Beth Flansbaum-Talabisco, Mayor
RECORD OF COMMISSION VOTE: list Reading
MAYOR FLANSBAUM-TALABISCO
DIST 1: COMM. PORTNER
DIST 2: COMM. ATKINS-GRA
DIST 3: VIM SULTANOF
DIST 4: COMM. DRESSLER
RECORD OF COMMISSION VOTE: 2nd Reading
MAYOR FLANSBAUM-TALABISCO
DIST 1: COMM. PORTNER
DIST 2: COMM. ATKINS-GRA16
DIST 3: V/M SULTANOF
DIST 4: COMM. DRESSLER
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