HomeMy Public PortalAbout16-9192 Adopting and Approving the MDC Honor Code for Elected and Appointed City Officlals Sponsored by: Commissioner Kelley
RESOLUTION NO. 16-9192
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, ADOPTING AND
APPROVING THE MIAMI-DADE COUNTY'S HONOR
CODE FOR ELECTED AND APPOINTED CITY OFFICIALS
AND CITY EMPLOYEES; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Ethics in government is an essential function public service; and
WHEREAS, The City Commission desire to adopt and approve the Miami-
Dade County Honor Code as set forth in Exhibit "B"; and incorporate the enabling
resolution as set forth in EXHIBIT "A"; and
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission hereby adopts and approves the Miami-
Dade County Honor Code as set forth in Exhibit "B."
Section 3. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 1St day of Tune, 2016.
MOTION FAILED
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M fra . Taylor
Mayor
Resolution No. 16-9192
Attest to: Approved as to form and legal sufficiency:
Joa f a Flores Vincent T. Brown, Esq.
City Clerk The Brown Law Group, LLC
City Attorney
Moved by: COMMISSIONER KELLEY
Seconded by: VICE MAYOR HOLMES
Commissioner Vote: 3-1
Commissioner Kelley: YES
Commissioner Santiago: NO
Vice Mayor Holmes: NO
Mayor Taylor: NO
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MEMORANDUM
Agenda Item No. 11(A)(1).
TO: Honorable Chairman Jean Monestime DATE: October 20, 2015
and Members,Board of County Commissioners
FROM: R. A. Cuevas, Jr. SUBJECT: Resolution rescinding
County Attorney Administrative Order No. 7-7
relating to employees having
knowledge of a crime and
approving Implementing Order
No. 7-7 establishing an Honor
Code for elected and appointed
County officials and County
employees
This item was amended at the 8-25-15 Strategic Planning & Government Operations
Committee by inserting into Implementing Order No. 7-7 the following language in the
section entitled AUTHORITY: "Section 2-1077 of the Code."
The accompanying resolution was prepared and placed on the agenda at the request of Prime
Sponsor Commissioner Rebeca Sosa.
R. A. Cu vas, Jr.
County Attorney
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MEMORANDUM
(Revised)
TO: Honorable Chairman Jean Monestime DATE: October 20, 2015
and Members,Board of County Commissioners
Asiik
FROM: R.A. = as,Jr. SUBJECT: Agenda Item No. 11(A)(1)
County Attorney
Please note any items checked.
"3-Day Rule"for committees applicable if raised
6 weeks required between first reading and public hearing
4 weeks notification to municipal officials required prior to public
hearing
Decreases revenues or increases expenditures without balancing budget
Budget required
Statement of fiscal impact required
Ordinance creating a new board requires detailed County Mayor's
report for public hearing
No committee review
Applicable legislation requires more than a majority vote (i.e.,2/3's
315's ,unanimous )to approve
Current information regarding funding source,index code and available
balance,and available capacity(if debt is contemplated)required
Approved Mayor Agenda Item No. 11(A)(1)
Veto Override
RESOLUTION NO.
RESOLUTION RESCINDING ADMINISTRATIVE ORDER NO.
7-7 RELATING TO EMPLOYEES HAVING KNOWLEDGE OF
A CRIME AND APPROVING IMPLEMENTING ORDER NO.
7-7 ESTABLISHING AN HONOR CODE FOR ELECTED AND
APPOINTED COUNTY OFFICIALS AND COUNTY
EMPLOYEES
WHEREAS, the first duty of a public servant is to protect the public interest, which
requires a higher level of ethical conduct than is acceptable in private-sector-affairs; and
WHEREAS, public trust in government institutions is a necessary precondition to the
success of a democracy; and
WHEREAS, government, and those who serve in it at all levels,have experienced a loss
of public trust and respect; and
WHEREAS, it is the collective duty of all public servants to respond to the public's
concerns by redoubling their efforts to honor and serve the public interest by promoting the
values of honesty,integrity, leadership and fairness; and
WHEREAS,restoring and maintaining a sense of honor in public service is an important
component in fulfilling the goals of the Miami-Dade County Citizens' Bill of Rights, as well as
the County's commitment to delivering excellence every day to the citizens of Miami-Dade
County; and
WHEREAS,the most fundamental way for Miami-Dade County officials and employees
to address this goal is to support all public servants who both perform their duties honorably and
possess the moral courage not to tolerate less than the same from their fellow public servants;
and
Agenda Item No. 11(A)(1)
Page No. 2
WHEREAS, the Miami-Dade County Commission on Ethics and Public Trust has
adopted a resolution calling upon all County officials and employees to raise the standard of
ethics in public service by establishing a public service honor code ("Honor Code") for the
prevention of corruption and unethical practices in County government; and
WHEREAS, the Commission believes that establishing an Honor Code is in the best
interest of the citizens of Miami-Dade County,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMIISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that the Board hereby
rescinds Administrative Order No. 7-7 which relates to employees having knowledge of a crime,
and adopts Implementing Order No. 7-7 establishing an Honor Code, in substantially the form
attached hereto.
The Prime Sponsor of the foregoing resolution is Commissioner Rebeca Sosa. It was
offered by Commissioner ,who moved its adoption. The motion was
seconded by Commissioner and upon being put to a vote, the vote was
as follows:
Jean Monestime, Chairman
Esteban L. Bovo,Jr., Vice Chairman
Bruno A. Barreiro Daniella Levine Cava
Jose "Pepe" Diaz Audrey M. Edmonson
Sally A. Heyman Barbara J. Jordan
Dennis C. Moss Rebeca Sosa
Sen. Javier D. Souto Xavier L. Suarez
Juan C. Zapata
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Agenda Item No. 11(A)(1)
Page No. 3
The Chairperson thereupon declared the resolution duly passed and adopted this 20th day
of October, 2015. This resolution shall become effective upon the earlier of(1) 10 days after the
date of its adoption unless vetoed by the County Mayor, and if vetoed, shall become effective
only upon an override by this Board,or(2) approval by the County Mayor of this Resolution and
the filing of this approval with the Clerk of the Board.
MIAMI-DADE COUNTY,FLORIDA
BY ITS BOARD OF
COUNTY COMMISSIONERS
HARVEY RUVIN,CLERK
By:
Deputy Clerk
Approved by County Attorney as ks
to form and legal sufficiency.
Gerald K. Sanchez
I.O.No.: 7-7
Ordered: -
Efkctive
MIAMI-DADE COUNTY
IMPLEMENTING ORDER
POLICIES AND PROCEDURES ESTABLISHING A PUBLIC
SERVICE HONOR CODE FOR ELECTED AND APPOINTED
COUNTY OFFICIALS AND COUNTY EMPLOYEES
AUTHORITY:
Citizens' Bill of Rights and Sections 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 MiamiDade County, Florida ("the Code"); Section 2-1077 of the Code; and the
Conflict of Interest and Code of Ethics Ordinance, Section 2-11.1 of the Code.
SUPERSEDES:
This Implementing Order supersedes and replaces Administrative Order 7-7 ("Employees
Having Knowledge of a Crime"), which became effective on October 22, 1964. Administrative
Order 7-7 established the policy that County officials and employees under the jurisdiction of the
County Manager who have knowledge or information of activity which may constitute a crime
shall report such information immediately and personally to either the State Attorney or Grand
Jury, and that such officials and employees who so report shall also cooperate fully with the
investigating authority.
POLICY:
It shall be the policy of Miami-Dade County that all elected and appointed County officials and
County 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 County. 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 County 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 protect the public against abuses in County government by assisting
law enforcement and other Federal, State, County and local authorities
charged with protecting the public trust; and
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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:
County supervisors and ethics officers 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 Commission on 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 Mayor or the Mayor's designee may use the administrative process of
the County for violations of the Honor Code committed by all appointed
officials or employees subject to the authority of the Mayor.
2) The Ethics Commission shall have jurisdiction over violations of the
Honor Code committed by elected County officials and by all other
County officials and employees not subject to the administrative authority
of the Mayor. The Ethics Commission shall follow the procedures
outlined in Section 2-1074 of the Code in conducting such investigations
or hearings as it deems appropriate. The Ethics Commission may impose a
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 Board of County Commissioners or any
department head or supervisor from taking any additional action or
imposing any penalty that they are authorized to take or impose.
3) Whenever any elected or appointed County 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.
4) Adherence to the Honor Code by County employees shall be included,
wherever appropriate and to the extent legally permissible, in the criteria
for evaluations for merit increases, promotions, and professional
recognition.
5) The Ethics Commission shall include the Honor Code in its ethics training
programs for County officials and employees,
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PROTECTION OF EMPLOYEES:
The County shall not dismiss, discipline, or take any other adverse personnel action against an
employee for complying with the Honor Code. Further, the County 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 County 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 Mayor, the appropriate department, entity or agency director
and/or to the Ethics Commission for redress, each of which shall take appropriate steps within
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their authority and discretion to ensure that no employee is penalized for compliance with the
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Honor Code._ •
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Approved by County Attorney
as to form and legal sufficiency.
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