City Commission Excerpts 09-16-03Meeting Minutes
Regular City Commission Meeting
Banton Beach. Florida SeRtember 16.2003
1. Proposed Resolution No. R03-164 Re: Establishing minimum
standards of conduct for public officers of the City
City Attorney Cherof read Proposed Resolution No. R03-164 by title only.
Vice Mayor Ferguson felt that this proposed resolution was superfluous. Commissioner Weiland
agreed.
Motion
Commissioner McKoy moved to approve Proposed Resolution No. R03-164. Commissioner
McCray seconded the motion that failed 2 to 3 with Mayor Broening, Vice Mayor Ferguson and
Commissioner Weiland dissenting.
D. Other:
None
XIII. UNFINISHED BUSINESS:
None
XIV. ADJOURNMENT:
There being no further business, the meeting properly adjourned at 9:52 p.m.
ATTEST:
(2 Clerk
Deputy City Clerk
(9/18/03)
Commissioner
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Meeting Minutes
Agenda Preview Conference
Boynton Beach, Florida September 15. 2003
XII.C.1. Proposed Resolution Re: Establishing minimum standards of
conduct for public officers of the City
Commissioner McCray asked who would enforce this resolution. It was noted that the City
Commission would.
Other
There was discussion regarding the Andre St. Juste Code Compliance case. City Attorney
Cherof said that there could be a motion to reconsider. Mayor Broening felt that this would be
an individual City Commissioner's option and he did not want to see it written on the agenda.
The consensus of the Commission was not to add it to the agenda.
There being no further business to be discussed, the Agenda Preview meeting properly
adjourned at 4:23 p.m.
ATTEST:
M . Aa��&
City Jerk
t
Deputy City Clerk
(one tape — 9/16/03)
CIVOIBIOYNTON BEACH
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RESOLUTION NO. 03- ((cq
AN RESOLUTION OF THE CITY OF BOYNT . BEACH,
FLORIDA, ESTABLISHING CORE V UES AND
MINIMUM STANDARDS OF CONDUC FOR PUBLIC
OFFICERS OF THE CITY; PRO ING FOR AN
EFFECTIVE DATE.
WHEREAS, although Chapter 1/conduct
., Florida Statutes the Code of
Tics for public officers and employeeto ensure that the public be
)tected from conflicts of interest and unby elected and appointed public
.Icers, the City Commission has determguidelines should be established
ensure confidence in the integrity of Ct and the City's public officers;
WHEREAS, the City Co fission of the City of Boynton Beach, Florida, desires
establish core values and m' 1mum standards by which the City's public officers
Auld be guided in the perfo ce of their designated duties; and
WHEREAS, the qfy of Boynton Beach core values and standards of conduct are
tended to apply to the fficial and day-to-day conduct of elected and appointed public
1'icials of the City oBoynton Beach; and
WHERE S, these core values and standards of conduct will serve as a valuable
ference guid or all those in whom the public has placed its trust; and
2! REAS, the City Commission of the City of Boynton Beach has determined
//core values and standards of conduct are in the best interests of the citizens of
of Boynton Beach, and will assist in ensuring that the City's elected and
officials have basic standards established by which to guide their conduct; and
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
n Beach, Florida, as follows:
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 Resolution upon
adoption hereof.
SECTION 2. The City Commission hereby establishes the following core values
standards of conduct for all elected and appointed officers of the City:
V
The term "public officer" means any person elected to the City
Commission or any person appointed to any City board.
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In furtherance of the public trust assumed by public officers i6f the City
upon their election or appointment to public office or employme , the following
standards of conduct shall be applicable to public officers of the ity:
(a) Core Values. Each public officer shalpledge his or her
commitment to the following core values of the City f Boynton Beach, as
follows:
(1) Diversity — A public officer will usetkle strengths that come from
our differences as we work towardMe completion of our goals.
(2) Integrity — A public officer wi demonstrate consistency in action
and words groun/will'
conduct. Having the courage to do
the right thing ano be held accountable for our
decisions.
(3) Stewardship — A r will practice responsible
management oftural resources entrusted to our care.
(4) Creativity — A ublic officer will encourage the use of imagination
to develop n ideas and find improvements.
(b) Standar of Conduct. Each public officer shall pledge his or her
commitment to the fo owing standards of conduct of the City of Boynton Beach,
as follows:
(1) LIadership by example. A public officer will display leadership
A. Subscribing to the City of Boynton Beach standards of
conduct for Public Officers; and
B. Promoting a sense of community, community values, and
community spirit and by embracing diversity within the
community, w hile f ocusing o n t he i mportance and v alues
of family; and
C. Practicing a "can do" attitude rather than an attitude of
negativity; and
D. Developing vision or focus on the future, and supporting
the achievement of vision; and
E. Being responsive; and
F. Recognizing and fostering leadership throughout the City
government a nd t he r esidential a nd b usiness c ommunities
of the City; and
G. Balancing statesmanship and political and professional
goals; and
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(2)
(3)
(4
H. Maintaining a positive image, w/.A
'g towards the
best interests of the City and its c
Empowerment (mindset/orientation) attiic officer will
display an empowerment attitude by:
A. Encouraging citizens to be ;
partners in City gove
officers of the City to ac e
B. Empowering City a nisl
the quality of an the
government; and
Kve, responsible and informed
It that function with public
a shared vision; and
tion to continuously improve
services provided by City
C. Encouraging entr preneurship by governing the City as a
successful, ethi 1 business model; and
D. Maximizing rvices while minimizing tax burdens on
citizens.
Customer focus nd involvement (volunteerism/action). A public
officer will ncourage and promote customer focus and
involvement v:
A. E couraging citizens and residents to be involved in
,government and bridging the gap between City government
and community; and
B. Promoting specific avenues by which citizen input is
gathered and information is disseminated by the City; and
Encouraging citizen involvement in decision-making; and
D. Supporting data -based decision-making.
Continuous improvement. A public officer will work towards
continuous improvement through:
A. Self-improvement through education, personal growth, and
personal learning; and
B. Supporting process improvement in City systems and key
process improvements through knowledge-based decision-
making; and
C. Supporting and encouraging personal wellness and
professional development throughout City government; and
D. Supporting innovation through technology; and
E. Promoting effective use o f customer feedback to improve
quality of government and the providing of government
services.
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SECTION 3. This Resolution shall become effective i
and adoption.
PASSED AND ADOPTED THIS I(o day of
CITY OF
Mayor
ice Mayor
Commissioner
Commissioner
Commissioner
TTEST:
ty Clerk
mmedi y upon
7its
)03.
BEACH, FLORIDA
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Meeting Minutes
Regular City Commission Meeting
Wynton Beach, Florida September 2. 2003
This item remained on the table.
X. FUTURE AGENDA ITEMS:
A. Follow-up Meeting with CRA on Development Issues (September 2003)
B 2nd Public Hearing regarding Budget (September 16, 2003)
--" C. Proposed Resolution regarding '_40,M of Ethids for City Commission and appointed
boards within the City (September 16, 2003)
D. Proposed Ordinance regarding granting to Florida Power & Light Company an
electric franchise agreement for the period of thirty years from the date of
acceptance (September 16, 2003)
E. Workshop Regarding Cemetery Options and Proposal by Cemetery Board to
Expand Cemetery West into Little League Park (October 2003)
F. High School Task Force Report (December 2, 2003)
G. Proposed Lease Agreement with Boynton Woman's Club (TBA)
H. Proposed Resolution regarding approval of Community Development Block Grant
(CDBG) Sub -Grantee Agreement with Juvenile Transition Center, Inc. of Boynton
Beach in the amount of $7,500
XI. NEW BUSINESS:
A. Discussion regarding proposed off -premise sign at Texaco Station (Tab/ed on
8/5/03 — Request table to 9/16/03)
This item remained on the table.
XII. LEGAL:
A. Ordinances — 2nd Reading — PUBLIC HEARING
1. Proposed Ordinance No. 03-040 Re: Amending Chapter 9,
Fire Protection and Prevention, Article III of the Code of Ordinances, by
amending Section 9-29, providing for designation and appointment
criteria of the Fire Marshal and Assistant Fre Marshal
City Attorney Cherof read Proposed Ordinance No. 03-040 by title only.
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Agenda
Regular City Commission Meeting
Boynton Beach, Florida
August 19, 2003
A. Project: Boynton Commerce Center (ABAN 03-009)
(POSTPONENENT REQUESTED BY LICANT)
Agent: Winston Lee, Winston Lee &
Owner: Nayrot Realty, Inc.
Location: Southwest corn I-9 ,aool t Road
Description: Rn t o portion of an existing
B. Project' 1 i f rli 'ext Amendment (CPTA 02-002)
Agent:
Request to amend Future Land Use Element Policy 1.16.1 by
adding ranges of allowable percentages of land uses within the
Mixed Use (MX) and Mixed Use -Core (MX -C) land use categories
(1" reading of Proposed Ordinance No. 03-039)
D(. CITY MANAGER'S REPORT:
A. Discussion of Marina Development Agreement (Tab/ed on 5/20/03)
B. City Manager Performance Review 2002-03
X. FUTURE AGENDA ITEMS:
A. 1' Public Hearing regarding Budget (September 4, 2003)
B. Public Hearing regarding Fire Assessment (September 11, 2003)
C. Proposed Ordinance regarding granting to Florida Power & Light Company an
electric franchise agreement for the period of thirty years from the date of
acceptance (September 2003)
D. Follow-up Meeting with CRA on Development Issues (September 2003)
E. 2nd Public Hearing regarding Budget (September 16, 2003)
F. First reading of Proposed Ordinance regarding docks (September 16, 2003)
G. Proposed Resolution regarding,' • • - of Ethitt for City Commission and appointed
boards within the City (September 16, 2003)
H. Workshop Regarding Cemetery Options and Proposal by Cemetery Board to
Expand Cemetery West into Little League Park (October 2003)
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XI. - NEW BUSINES!
ITEM A.
CITY OF BOYNTON BEACH
1110 AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to Cily Clerk's Office Meeting Dates in to City Clerk's Office
Z
August 5, 2003
❑
August 19, 2003
❑
September 2, 2003
❑
September 16, 2003
July 14, 2003 (Noon.)
August 4, 2003 (Noon)
August 18, 2003 (Noon)
September 2, 2003 (Noon)
❑ October 7, 2003
❑ October 21, 2003
❑ November 5, 2003
❑ November 18, 2003
❑
Administrative
NATURE OF ❑
Announcement
AGENDA ITEM ❑
City Manager's Report
❑
Consent Agenda
❑
Code compliance/Legal Settlements
September 15, 2003 (Noon)
October 6, 2003 (Noon)
October 20, 2003 (Noon)
November 3, 2003 (Noon)
❑ Legal
® New Business
❑ Presentation
❑ Public Hearing
❑ Unfinished Business
RECOMMENDATION: Review and discussion of two draft ordinances, which set forth policy and procedures for the
enactment of a ;W.b of Ethtits governing the City's public officers in the performance of their designated duties.
EXPLANATION: The Commission directed the City Attorney to draft language in the form of an Ordinance to enact a
Code of Eth which would protect the integrity of City government, foster public confidence in the actions of the City, and
assist in ensuring that the City's elected and appointed officials abide by the highest ethical standards. We have submitted
two drafts, the first one being a "guideline" for the City's elected and appointed public officers, with enforcement of any
alleged violation to be pursuant to applicable statutory and constitutional procedures, local ordinance, or censure by a four-
fifths vote of the City Commission. The second version draft ordinance goes one step further and creates an Ethics Advisory
Board to handle alleged complaints or violations. Both of these versions have been placed before you for discussion and
further direction.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES:
Department Head's Signature
City Attorney
Department Name
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City Manager's Signature
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City Atto ance /Human Resources
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XI. - NEW BUSINESS CODE OF ETHICS
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ITEM A.
ORDINANCE NO. 03 -
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
CREATING A NEW SECTION 2-10, "CODE OF ETHICS" WITHIN
CHAPTER 21 "ADMINISTRATION," OF THE CODE OF
ORDINANCES; PROVIDING FOR A CODE OF ETHICS FOR PUBLIC
OFFICERS OF THE CITY; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, Chapter 112.311, et seq., Florida Statutes is known as the Code
)f Ethics for public officers and employees, and was enacted because the public interest
..equires that the public be protected from conflicts of interest and unethical conduct by
:lected and appointed public officers; and
WHEREAS, the City Commission of the City of Boynton Beach, Florida,
.s to enact a Code of Ethics governing the City's public officers in the performance of
designated duties; and
WHEREAS, this City of Boynton Beach Code of Ethics is intended to apply
the day-to-day conduct of elected and appointed public officials of the City of Boynton
ach; and
WHEREAS, this Code of Ethics will serve as a valuable reference guide for
those in whom the public has placed its trust; and
WHEREAS, the City Commission of the City of Boynton Beach has
etermined that the enactment of a City Code of Ethics is in the best interests of the citizens
f the City of Boynton Beach, protects the integrity of City government, fosters public
Dnfidence in the actions of the City, and will assist in ensuring that the City's elected and
ppointed officials abide by the highest ethical standards; and
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
n Beach, Florida, as follows:
SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
true and correct and are hereby made a specific part of this Ordinance upon adoption
f.
SECTION 2. Chapter 2 of the City of Boynton Beach Code of Ordinances, entitled
"Administration" shall be amended to create Section 2-10 and shall read as follows:
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F ETHI
Short title.
CODE OF ETHICS
This Section shall be known and cited as the "City of Boynton Beach Code of
Ethics for Public Officers."
A. Intent and aurpose.
The purpose of this article is to strengthen the quality of representative
government through ethical principlesovg emin the he conduct of the city's elected and
apRointed officials It is important to assure that that the policies and decisions made
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.
B. Definitions. References in this article to the Florida Statutes shall be
interpreted as meaning Florida Statutes as amended from time to time.
Business entity shall have the meaning ascribed in Section 112.312(5), Florida
Statutes.
Candidate shall have the meaning ascribed in Section 112.312(6), Florida
Statutes.
Conflict or conflict of interest shall have the meaning ascribed in Section
112.312(8,), Florida Statutes.
Gift shall have the meaning ascribed in Section 112.31202), Florida Statutes.
Public officer shall have the meaning ascribed in Section 112.313(1), Florida
Statutes.
Relative shall have the meaning ascribed in Section 112.312(21), Florida
Statutes.
C. Acknowledement.
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 they have received,
read, understand, and agree to be bound by the City of Boynton Beach Code of Ethics
for Public Officers.
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CODE OF ETHICS
D.. Applicability of Chapter 112, Florida Statutes.
Nothing in the City of Bourton Beach Code of Ethics for Public Officers shall
be interpreted or construed as conflicting with Section 112.311 et sea., Florida
Statutes which is also applicable to public officers of the city. This article is
intended to supplement state law provisions governing ethics in government.
E. Standards of conduct.
In furtherance of the public trust assumed by public officers of the city upon
their election or appointment to public office or employment, the following standards
of conduct shall be applicable to public officers of the city:
(a) Core Values. Each public officer pledges his or her commitment to
the Core Values of the City of Bourton Beach, as follows:
(1) Leadership by example. A public officer will display leadership by:
A. Subscribing to the City of Boynton Beach Code of Ethics for
Public Officers, and
B. Promoting a sense of community, community values, and
community spirit and by embracing diversity within the
community, while focusing on the importance and values of
family; and
C. Practicing a "can do" attitude rather than an attitude of
negativity; and
D. Developing v ision o r f ocus o n t he f uture, a nd su imorting t he
achievement of vision; and
E. Being responsive, and
F. Having fun and enjoying one's role as a public officer of the
city; and
G. Recognizing and fosteringL leadership throughout the city
government and the residential and business communities of
the city; and
H. Balancing _statesmanship and political and professional goals;
and
I. Maintaining a positive image, while working towards the best
interests of the city and its citizens.
() Empowerment (mindset/orientation) attitude. A public officer will
display an empowerment attitude by:
A. Encouraging citizens to be active, responsible partners in city
j government that function with public officers of the city to
achieve a shared vision; and
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CODE OF ETHICS
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B Empowering city administration to continuously improve the
quality of and the services provided by city government; and
C Encouraging entrepreneurship by governing the city as a
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successful ethical business model; and
! D Maximizing revenue while minimizing tax burdens on citizens.
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(3) Customer focus and involvement (volunteerism/action). A public
officer w ill encourage and promote customer focus and involvement
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A Encouraging citizens and residents to be involved in
government and bridging the gap between city government and
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community, and
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B Promoting specific avenues by which citizen input is gathered
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and information is disseminated by the city, and
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C Encouraging citizen involvement in decision-making: and
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D Supporting data -based decision-making.
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(4) Continuous improvement. A public officer will work towards
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continuous improvement through:
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A Self-improvement through education, personal growth, and
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personal learning; and
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B Supporting process improvement in city systems and key
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process improvements through knowledge-based decision -
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making: and
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C Supp„porting�and encouraging_ personal wellness and professional
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development throughout city government; and
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D. Supporting innovation through technology, and
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E Promoting effective use of customer feedback to improve
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quality of government and the providing of government
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services.
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(b) Each public officer shall be dedicated to the concepts of effective and
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democratic local government respecting the principals and spirit of representative
democracy, and setting positive example of good citizenship by scrupulously
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observing the letter and spirit of applicable laws, rules, and regulations.
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(c) Each public officer shall pledge himself or herself to affirm the dignity
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and worth of the services rendered by city government and to maintain a constructive,
creative and Qractical attitude towards urban affairs incorporating a deep sense of
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social responsibility as a public servant.
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(d) Each public officer shall be dedicated to the highest ideals of honor
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and integrity in all public and personal relationships and shall conduct themselves in a
manner which maintains and promotes public confidence in city government.
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CODE OF ETHICS
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2 (e) Each public officer shall recognize that the main function of local
3 government at all times is to serve and promote the best interests of the public.
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5 Each public officer pledges to support and carry out public policy in
6 j furtherance of the Mission Statement of the city, including but not limited to,
7 subscribing to and supporting the Strategic Plan and the Business Plan of the city.
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To the extent that the city commission has created a priority area for
individual members of the city commission then in that event, those members of the
C4 commission not assigned to a particular priority area shall respect the apportioned
assignment so long as the prioritization is maintained, as such, by the city
commission In all respects each member of the city commission pledges to the
respect priority areas of other members of the City Commission including the
exchange o f i nformation d isclosure o f a ctivities, a nd t he p ublic f urtherance o f t he
goals and objectives of the designated area of priority.
(g) Each public officer pledges to keep the community informed on the
affairs of city govenrunent emphasize and practice friendly and courteous service to
the public and seek to improve the quality and image of public service.
h) Each public officer pledges 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
acquaintance and will not seek or accept any personal profit or gain, or unwarranted
favor or privilege for himself or herself, or any relative or other person.
(i) Each public officer pledges not to improperly influence or attempt to
influence other public officers.
(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 discharge of his or her official duties as a public officer.
(k) 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.
(1) Florida's Gift Law, as amended from time to time and as codified at
Section 112.3148, Florida Statutes, is hereby incorporated herein by reference. A
public officer shall not directly or indirectly solicit, accept, or receive any gift,
whether it be money, services, loan, travel, entertainment, hospitality_ promise, 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
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CODE OF ETHICS
1 intended to serve as an inducement for an improper action or as a reward not
2 otherwise permitted under Florida law.
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(m) 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.
(n) A public 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 complaint or claim contains
false allegations of fact material to a violation of this Code of Ethics.
(o) Each public officer pled eg s to uphold and adhere to the provisions of
the Charter of city.
(p) A public officer shall not knowingly violate any federal, state, or local
law, rule or regulation.
(c) 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 been addressed officially by the city commission or the advisory board of
which he or she is a member,• and furtherylledges 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 meetin
(,r)A public officer shall not disclose confidential information acquired in
one's capacity a s a p ublic o fficer t o o thers o r u se s uch c onfidential i nformation t o
further one's personal interests.
(s) 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.
(t) Each public officer shall disclose all personal relationships in any
instance whether there could be a conflict of interest or an appearance of conflict.
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CODE OF ETHICS
2 (u) Nothing herein shall be construed to apply to the solicitation or
3 acceptance of contributions to the campaign of an announced candidate for elective
4 city office as governed by Chapter 106, Florida Statutes.
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6 (V) No public officer however, shall be prohibited from giving or
7 receiving:
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9 (1) An award publicly presented in recognition of public service.
10 (2) Commercially reasonable loans made in the ordinary course of a
11 lender's business; or
12 (3) Reasonable entertainment meals or refreshments furnished in
13 connection with public events appearances or ceremonies related to
14 I official duties or city Rovernment business.
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16 i (w) No public officer shall be prohibited from making an inguiry for
17 information or providing assistance on behalf of a citizen or interested person if no
18 fee reward or other thing of value is promised to, given to, or accepted by the public
19 ; I officer or a relative of a public officers whether directly or indirectly, in return
20 ; therefor. However, no public officer shall "influence peddle" or use his or her
21 position as a public officer to gain favors or benefits inconsistent with city policy or
22 applicable law on behalf of any citizen or other person.
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24 F. Orientation of elected officials.
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26 (a) Newly elected members of the city commission shall, within
27 twelve (12) months of the administration of the oath of office, attend and
28 successfully complete the Institute for Elected Municipal Officials (ISMO)
29 or similar program deemed qualified by the city commission.
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31 (b) Newly elected members of the city commission shall receive
32 a structural orientation on cit} government from the city manager and the
33 city attorney within ten (10) business days of the administration of the oath
34 of office.
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36 G. Retreats.
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38 In furtherance of the goals and purposes of the City of Boynton
39 Beach Code of Ethics for Public Officers, on an annual basis, members of
40 the city commission shall attend at least one strategic planning, retreat and at
41 least one commission retreat, as scheduled by the city commission in
42 consultation with the city manager. Attendees at these retreats shall be the
43 members of the city commission, the city manager, the city attorney, and
44 those public officers of the city whose attendance is deemed necessary by
45 the city manager.
46
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CODE OF ETHICS
H. Enforcement.
Violation of any of the provisions of this article may constitute grounds for
suspension or removal from office pursuant to applicable 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 officer that violates the City of Boynton Beach
Code of Ethics shall also be subject to censure by a four-fifths vote of the city
commission.
SECTION 3. Severability. Should any section, provision, paragraph, sentence, clause
w ord o f t his O rdinance o r p ortion hereof b e h eld o r d eclared b y a ny court o f c ompetent
risdiction to be unconstitutional or invalid, in part or application, it shall be considered as
iminated and shall not affect the validity of the remaining portions or applications of this
SECTION 4. Conflicts. T hat a 110 rdinances o r p arts o f Ordinances, R esolutions or
thereof in conflict herewith, be and the same are hereby repealed to the extent of such
SECTION 5. Codification. It is the intention of the City Commission of the City of
Boynton Beach, that the provisions of this Ordinance shall become and made a part of the Code
f Ordinances of the City of Boynton Beach, Florida, and that the Sections of this Ordinance
nay be renumbered, re -lettered and the word "Ordinance" may be changed to "Section,"
Article" or other word or phrase in order to accomplish such intention.
SECTION 6. Effective Date. This Ordinance shall become effective immediately
its passage and adoption.
FIRST READING this day of
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CODE OF ETHICS
SECOND, FINAL READING AND PASSAGE this day of ,
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
9
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XI. - NEW BUSINESS
ITEM A.
ORDINANCE 03 -
AN ORDINANCE PROVIDING FOR AN
ETHICS ADVISORY BOARD AND
PROVIDING FOR DISPOSITION OF
ALLEGED VIOLATIONS; PROVIDING
FOR CONFLICTS, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE
DATE.
WHEREAS, Chapter 112.311, et seq., Florida Statutes is known as the Code of
for public officers and employees, and was enacted because the public interest
that the public be protected from conflicts of interest and unethical conduct by
and appointed public officers; and
WHEREAS, the City Commission of the City of Boynton Beach, Florida, desires to
a Code of Ethics governing the City's public officers in the performance of their
ated duties; and
WHEREAS, this City of Boynton Beach Code of Ethics is intended to apply to the
y -to -day conduct of elected and appointed public officials of the City of Boynton Beach;
WHEREAS, this Code of Ethics will serve as a valuable reference guide for all those
whom the public has placed its trust; and
WHEREAS, the City Commission of the City of Boynton Beach has determined that
enactment of a City Code of Ethics is in the best interests of the citizens of the City of
,nton Beach, protects the integrity of City government, fosters public confidence in the
ans of the City, and will assist in ensuring that the City's elected and appointed officials
le by the highest ethical standards; and
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
n Beach, Florida, as follows:
BOARD COMPOSITION - CREATION; TERMS, AND
QUALIFICATIONS:
A. Creation and composition. There is hereby created the Ethics Advisory Board
(Board), to be composed of ten members. The Mayor and each member of the City
Commission shall appoint two members to the Board. The City Commission shall
appoint the chair and the vice chair.
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B. Terms of office. All members of the Board will be appointed for a term of one year
from date of appointment. All members shall serve until their successors are
appointed and qualified.
C. Oualifications. A member shall be a resident of the City or shall own and operate a
business in the City. Additionally, no member of the Board may be:
(1) a city official or spouse of a city official;
(2) a city employee or spouse of a city employee;
(3) an elected public official; or
(4) a candidate for elected public office.
(5) a City Lobbyist;
(6) anyone having any economic interests with any Commission member or mayor;
(7) anyone who has been a paid campaign worker or political consultant for any city
commission or mayoral candidate.
JURISDICTION AND POWERS; RECUSAL:
A. Jurisdiction. The ethics advisory Board shall have jurisdiction to review and make
findings concerning any alleged violation of the City of Boynton Beach Ethics Code
by any elected official, if a complaint is filed within sixty days after the date of the
alleged violation. The Board may not consider any alleged violation that occurred
before the enactment of the City Ethics Code
B. Termination of City official's. The termination of a city official's term in office
renders moot any complaint pending at the end of the official's term.
C. Powers. The ethics advisory Board has the following powers only:
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(1) To establish, amend, and rescind rules and procedures governing its own internal
organization and operations in a manner and form consistent with this article.
(2) To meet as often as necessary to fulfill its responsibilities.
1 (3) To receive from the city manager such staff support as they reasonably request to
carry out the duties of the Board.
(4) To review, index, maintain on file, and dispose of sworn complaints.
(5) To make findings of fact as necessary for the disposition of a complaint.
(6) To make notifications, extend deadlines, and conduct investigations.
(7) The power to request such witnesses and documents as the Board deems relevant.
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D. Recusal. A member of the ethics advisory Board shall recuse himself or herself
only for conflicts of interest as required by Florida Statute Section 286.012. The
member shall report the conflict to the Board and refrain from participating in any
discussions or voting on the complaint.
COMPLAINTS:
A. Filing. Any person or the Board on its own initiative believing there has been a
violation of the City Ethics Code may file a sworn complaint, under the penalty of
perjury, with the City Clerk. The complaint must:
(1)identify the person or persons who allegedly committed the violation;
(2) provide a statement of the facts on which the complaint is based;
(3) to the extent possible, identify the ethics provision or provisions allegedly
violated; and
(4) identify sources of evidence, if any, that the complainant recommends
should be considered by the Board.
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B. Confidentiality. Neither the Board nor any Board member shall make any
representation or promise of confidentiality. The proceedings of the Board shall be
conducted in accordance with the requirements of the Florida's open meeting law,
Section 286.011, Florida Statutes. All records of the Board and its members are
public records as that term is defined in Chapter 119, Florida Statutes.
C. Notification. All Complaints shall be on a form provided by the City Clerk. The
City Clerk will receive all complaints, assign a complaint number, and shall then
promptly forward a copy of the complaint to all board members and to the person
charged in the complaint. The person charged in the complaint shall have the
opportunity to submit a sworn statement, together with such other information he or
she feels is relevant.
D. False accusations and responses. The City Clerk shall, in writing, advise the
person filing the complaint that falsely accusing someone of a violation of this
chapter may result in civil liability to anyone who knowingly makes a false
accusation.
E. Summary dismissal.
(1) Within 21 days after receipt of a complaint the Board members shall meet and
make a preliminary finding in an open hearing as to whether or not the complaint
states a claim under this chapter and is supported by just cause. "Just cause" means
such cause as is found to exist upon a reasonable inquiry that would induce a
reasonably intelligent and prudent person to believe that a person has committed an
act or acts constituting an ethical violation under this chapter.
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(2) If the preliminary finding is that the complaint does not state a claim under this
chapter or does not have just cause, based upon the statements and evidence
submitted, the complaint must be dismissed. A determination that a complaint be
dismissed can only be made upon the affirmative vote of a majority of Board
members present. Written notice of the dismissal must be sent to both the person who
made the complaint and the person about whom the complaint was made, identifying
the reason or reasons for dismissal.
HEARING PROCEDURES:
A. Evidentiary hearing. If a complaint is not summarily dismissed, it will be pursued
further at an open hearing before the Board. Not less than 10 days before the hearing,
the Board shall, by certified mail or personal service, give written notice of the
hearing to both the person who made the complaint and the person about whom the
complaint was made.
The notice must state the specific provision or provisions of this chapter alleged in the
complaint to have been violated, as determined by the preliminary panel.
B. Notice of charges. At the hearing, the Board shall limit its review to the allegation
of the complaint and shall not expand its review to any other matter.
C. Ex Parte communications. It is a violation of this chapter for:
(1) the complainant, the person charged in the complaint, or any person acting on
their behalf to engage or attempt to engage, directly or indirectly, in any ex parte
communication about the subject matter of a complaint with a member of the Board;
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or
(2) a member of the Board to:
II
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(a). knowingly entertain an ex parte communication prohibited by Sub -section (c)(1);
or
(b). knowingly communicate, directly or indirectly, with any person, other than a
member of the Board, its staff, or its legal counsel, about any issue of fact or law
relating to the complaint.
D. Duty to cooperate. All city officials and employees shall cooperate with the ethics
advisory Board and shall supply requested testimony or evidence to assist the Board
in carrying out its charge.
HEARING RULES.
A. Hearing on complaints. The rules contained in this section apply to all hearings of
the ethics advisory Board on complaints not summarily dismissed.
B. General rules. A determination that a violation of this chapter has occurred can be
made only upon an affirmative vote of at least three-fifths of the Boards members
present and voting, otherwise the complaint must be dismissed. A finding that a
violation occurred must be supported by a preponderance of the evidence.
"Preponderance of the evidence" means that measure or degree of proof that produces
in a person's mind a firm belief or conviction as to the truth of the allegations sought
to be established.
C. Procedural rules. A quorum of eight Board members must be present for a hearing.
Any member of the Board who is not present at a hearing on a complaint may not
participate in any discussion, voting, or disposition regarding the complaint. All
witnesses must be sworn, and the members of the ethics advisory Board shall conduct
questioning of witnesses.
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The Board is not bound by the rules of evidence and may establish time limits and
other rules relating to the participation of any person in the hearing, subject to
Subsections (d) and (e) of this section.
D. Rights of the person charged. The person charged in the complaint has the right to
attend the hearing, the right to make a statement, the right to present and cross-
examine witnesses, and the right to be represented by legal counsel or another
advisor.
E. Rights of the complainant. The person charged in the complaint has the right to
attend the hearing, the right to make a statement, the right to present and cross-
examine witnesses, and the right to be represented by legal counsel or another
advisor.
DISPOSITION OF COMPLAINT:
A. Written decision. The ethics advisory Board shall make all reasonable efforts to
issue a written decision within 45 days after receipt of a complaint. The Board shall
state its findings in the written decision. The written decision must either:
(1)dismiss the complaint, with the grounds for dismissal set forth in the decision; or
(2) find that there has been a violation of this chapter and identify in the decision the
particular provision or provisions violated.
B. Notification. Copies of the findings and decision must be forwarded to the
complainant, the person charged in the complaint and any member of the ethics
advisory Board who did not participate in the disposition of the complaint. A copy of
the findings and decision must also be forwarded to the City Clerk.
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C. Similar charges barred. If the complaint is dismissed because the evidence failed to
establish a violation of this chapter, the Board shall not entertain any other similar
complaint based on substantially the same evidence.
7. REFERRAL OF MATTER FOR APPROPRIATE ACTION AND
SANCTIONS:
A. Referral. If the Board determines that a violation of this chapter has occurred, it
shall deliver a copy of the findings to the complainant, if any, the person named in the
complaint and the City Commission.
B. Sanctions:
1. If the Board determines that a violation has occurred, it shall proceed directly to
determination of the appropriate sanction(s).
2. If the Board determines that a violation has occurred, it may impose or recommend
the following sanctions:
A. A letter of notification shall be the appropriate sanction when the violation is
clearly unintentional, or when the official or employee's conduct complained of was
made in reliance on public written ethics opinion of the City Attorney. A letter of
notification shall advise the official or employee to whom it is directed of any steps to
be taken to avoid future violations. The Board may direct a letter of notification to
any official or employee covered by this chapter.
B. A letter of admonition shall be the appropriate sanction in those cases in which the
Board finds that the violation is minor and/or may have been unintentional, but calls
for a more substantial response than a letter of notification.
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C. A reprimand shall be the appropriate sanction when the Board finds that a
violation has been committed intentionally or through disregard of this chapter. A
reprimand directed to a city official shall also be sent to the City Commission.
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D. A letter of censure or a recommendation of recall shall be the appropriate sanction
when the Board finds that a serious or repeated violation of this chapter has been
committed intentionally or through culpable disregard of this chapter by an elected
city official.
A letter of censure or a recommendation of recall directed to an elected city official
shall be transmitted to the City Clerk, published in a local newspaper of the largest
general circulation and shall be sent to the City Commission.
OPINIONS ISSUED BY THE CITY ATTORNEY:
A elected official who reasonably and in good faith acts in accordance with a written
advisory opinion issued by the city attorney may not be found to have violated this
chapter by engaging in conduct approved in the advisory opinion, if:
A. the person requested the issuance of the opinion;
B. the request for an opinion fairly and accurately disclosed all relevant facts;
ANNUAL REPORT:
The Board shall prepare and submit an annual report to the city commission detailing
the activities of the Board during the prior year. The format for the report must be
designed to maximize public and private understanding of the Board's operations.
The report may recommend changes to the text or administration of this chapter. The
City Clerk shall take reasonable steps to ensure wide dissemination and availability of
the annual report of the Board.
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ECTION 10. PENALTIES AND ENFORCEMENT. GENERAL:
The remedies contained in this article are available whenever the Board finds a
violation or violations of this chapter.
.SECTION 11. Should any section, provision, paragraph, sentence, clause of word of
his Ordinance or portion hereof be held or declared by any court of competent jurisdiction to be
constitutional or invalid, in part or application, it shall be considered as eliminated and shall
bot affect the validity of the remaining portions or applications of this Ordinance.
,CTION 12. That all Ordinances or parts of Ordinances, Resolutions or parts thereof
conflict herewith, be and the same are hereby repealed to the extent of such conflict.
;CTION 13. It is the intention of the City Commission of the City of Boynton Beach,
a the provisions of this Ordinance shall become and made a part of the Code of Ordinances of
City of Boynton Beach, Florida, and that the Sections of this Ordinance may be renumbered,
lettered and the word "Ordinance" may be changed to "Section," "Article" or other word or
in order to accomplish such intention.
This Ordinance shall become effective immediately upon its passage and
FIRST READING this day of
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, 2003.
SECOND, FINAL READING AND PASSAGE this day of ,
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
Clerk
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