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HomeMy Public PortalAbout21-9849 Honor CodeSponsored by: City Manager RESOLUTION NO. 21-9849 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, ADOPTING AN UPDATED HONOR CODE; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, in 2016, the City of Opa-Locka ("City") adopted an Honor Code to establish procedures for combatting fraud, waste and abuse in the City, in concert with a comparable County program as addressed within the County Code Section 2- 1077, Authorizing Commission on Ethics and Public Trust to Enforce the Public; and WHEREAS, on May 23, 2019, certain administrative deficiencies were noted in the state -conducted Operational Audit report; and WHEREAS, the City Commission seeks to amend its Honor Code so that it is fully effective in addressing potential fraud, waste and abuse; and WHEREAS, the City's Honor Code provides guidance as to responsibilities for various City officials and provides further provides guidance as to County resources to be utilized in resolving concerns about fraud, waste and abuse; and WHEREAS, the City Commission finds it is the best interest of the City and its residents to adopt an updated Honor Code, attached hereto as Exhibit "A". NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, THAT: Section 1. Adoption of Representations. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and the same are hereby made a specific part of this Resolution. Section 2. Authorization. The City Commission of the City of Opa-Locka hereby adopts the updated Honor Code, attached hereto as Exhibit "A". Section 3. Scrivener's Errors. Sections of this Resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected copy of same with the City Clerk. Resolution No. 21-9849 Section 4. Effective Date. This Resolution shall be effective immediately upon adoption hereof and approval by the Governor of the State of Florida or his designee. PASSED AND ADOPTED this 24th day of March, 2021. Attest to: Jo Flores City Clerk Moved by: Commissioner Burke Seconded bv: Commissioner Davis VOTE: 4-0 Matthew Pigatt Mayor Approved as to form and legal sufficiency: Burnadette Norris- City Attorney Commissioner Burke YES Commissioner Davis YES Commissioner Taylor NOT PRESENT Vice -Mayor Williams YES Mayor Pigatt YES F\Sy. )1(2_ s, P.A. City of Opa-locka Agenda Cover Memo Department Director: Bob Anathan Department Director Signature: City Manager: John E. Pate CM Signature Commission Meeting Date: Mar 24, 2021 Item Type: (EnterX in box) Resolution ce Other X Fiscal Impact: (EnterX in box) Yes No Ordinance Reading. (EnterX in box) 1t muting 2°d Reading X Public Hearing: (EnterX in box) Yes No Yes No Funding Source: Account# : (Enter Fund & Dept) Ex: See Financial Impact section below Advertising Requirement: (EnterX in box) Yes No ILA Required: (Enter X in box) Yes No RFP/RFQ/Bid#: X Strategic Plan Related (EnterXin box) Yes No Strategic Plan Priority Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communcation Area: Strategic Plan 014/Strategy: (list the specific objective/strategy this item will address) Elimination of fraud, waste and abuse enhances City's image X m • R R X • Sponsor Name City Manager Department: City Manager Short Title: City Honor Code Update Staff Summary: Issue: The City's Honor Code requires updating, primarily administratively. Staff recommends the City Commission approve the recommended updates. Backgroun4: The City's Honor Code is a central tenet in minimizing fraud, waste and abuse within City operations. In 2016 the City adopted an Honor Code to establish procedures for combatting fraud, waste and abuse and in concert with a comparable County program as addressed within the County Code Section 2-1077, Authorizing Commission on Ethics and Public Trust to Enforce the Public Service Honor Code. The City's Honor Code provides guidance as to responsibilities for various City officials and provides further guidance as to County resources to be utilized in resolving concerns about fraud, waste and abuse. In the State -conducted Operational Audit, as reported in May, 2019, it was noted that the City Honor Code included many references to the County when it was apparent that these should be references to the City. The audit also noted that the Honor Code indicated the City Manager had the primary responsibility for initiating the Honor Code administrative process for all employees, including by inference the City's appointed officials. The audit recommended that if there were concerns about fraud, waste and abuse involving the City's appointed officials, the Honor Code should indicate that the Mayor should initiate the administrative process in these circumstances. Current Activity: The recommended update to the City's Honor Code incorporates the audit recommendations. Financial Impact: Minimizing fraud, waste and abuse results in improved cost-effective operations. Staff recommends the City Commission adopt the recommended updates to the City's Honor Code Attachment: 1. Resolution 2. Updated Honor Code 3. Updated Honor Code indicating additions and deletions. L.O. No:7-7 Ordered: Effective: CITY OF OPA-LOCKA IMPLEMENTING ORDER POLICIES AND PROCEDURES ESTABLISHING A PUBLIC SERVICE HONOR CODE FOR ELECTED AND APPOINTED CITY OFFICIALS AND CITY EMPLOYEES AUTHORITY: Citizens' Bill of Rights and Section 1.01, 2.02 and 5.02 of the Miami -Dade County Home Rule Charter; Commission on Ethics and Public Trust Enabling Ordinance, Section 2-1066 et seq., of the Code of Miami - Dade County, Florida ("the Code"); Section 2-1077 of the Code; and the Conflict of Interest Code of Ethics Ordinance, Section 2-11.1 of the Code. SUPERSEDES: This Implementing Order supersedes and replaces the Honor Code adopted by the City Commission of the City of Opa-locks on June 22, 2016 (Resolution 16-9209) POLICY: It shall be the policy of The City of Opa-locka that all elected and appointed City officials and City employees shall adhere to this Public Service Honor Code ("Honor Code"). The Honor Code consists of the following minimum standards regarding the responsibilities of all public servants in the City. Violation of any of the mandatory standards listed below may result in enforcement action as provided below under ENFORCEMENT. Each elected and appointed public official and employee of the City shall, when acting in his or her official capacity, comply with the following mandatory standards: 1) Serve and protect the public interest above any personal or institutional interest or loyalty; and 2) Act as the public's surrogate by protecting it against waste or fraud; and 3) Respect and uphold laws, ordinances, resolutions, rules, and regulations that protects the public against abuses in City government by assisting law enforcement and other Federal, State, County and local authorities charged with protecting the public trust; and 4) Report any information concerning activity which may constitute a crime, of which he or she has personal knowledge, immediately and personally to either the State Attorney or Miami -Dade County Grand Jury; and 5) Cooperate fully with law enforcement agencies or other official investigative authorities in providing truthful testimony and other relevant information pertaining to any alleged violation of the public trust. RESPONSIBILITIES OF SUPERVISORS AND ETHICS OFFICERS: City supervisors shall counsel and encourage employees in their respective departments to report violations of the Miami -Dade Conflict of Interest and Code of Ethics Ordinance to the Miami- Dade Conflict of Interest and Code of Ethics and Public Trust ("Ethics Commission"), and any waste, fraud or other abuse of public resources to the Miami -Dade County Office of Inspector General. ENFORCEMENT: The Honor Code shall be enforced as follows: 1) The City Manager or his or her designee may use the administrative process of the Miami -Dade County for violation of the Honor Code committed by all employees subject to the authority of the City Manager. 2) The Mayor or his or her designee may use the administrative process of the Miami -Dade County for violation of the Honor Code by all appointed officials subject to the authority of the Mayor. 3) The Ethics Commission shall have jurisdiction over violations of the Honor Code committed by elected City officials and by all other City officials and employees. The Ethics Commission shall follow the procedures outlined in Section 2-1074 of the Code in conducting such investigations letter of reprimand or letter of instruction following a determination that a violation of the Honor Code has occurred. Such action by the Ethics Commission shall not prevent the City of Opa-locks City Commissioners or any department head or supervisor from taking any additional action or imposing any penalty that they are authorized to take or impose. 4) Whenever any elected or appointed City official or employee is in doubt as to the proper interpretation or application of the Honor Code as to himself or herself, he or she may request a binding opinion from the Ethics Commission. 5) Adherence to the Honor Code by City employees shall be included, wherever appropriate and to the extent legally permissible, in the criteria for evaluations for merit increases, promotions, and professional recognition. 6) The Ethics Commission shall include the Honor code in its ethics training programs for City officials and employees. PROTECTION OF EMPLOYEES: The City shall not dismiss, discipline, or take any other adverse personnel action against an employee for complying with the Honor Code. Further, the City shall not take any adverse action that affects the rights or interests of any employee in retaliation for the employee's compliance with the Honor Code. If the City takes any of the adverse actions stated in the preceding sentences as a result of an employee's compliance with the Honor Code, the employee shall be entitled to apply to the Manager, the appropriate department, entity or agency director and/or to the Ethics Commission for redress, each of which shall take appropriate steps within their authority and discretion to ensure that no employee is penalized for compliance with the Honor Code.