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.