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HomeMy Public PortalAbout16-9209 Honor Code for Elected and Appointed City Official and City Employees Sponsored by: Vice Mayor Holmes RESOLUTION NO. 16-9209 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, ADOPTING AND APPROVING AN 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 an Honor Code 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 an Honor Code as set forth in Exhibit "A." Section 3. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 22nd day of June, 2016. Aga/ �y . -. T.lor Mayor Resolution No. 16-9209 Attest to: Approved as to form and legal sufficiency: 4k 1 JAI nna Flores Vincent T. Brown, Esq. City Clerk The Brown Law Group, LLC City Attorney Moved by: COMMISSIONER RILEY Seconded by: VICE MAYOR HOLMES Commissioner Vote: 5-0 Commissioner Kelley: YES Commissioner Riley: YES Commissioner Santiago: YES Vice Mayor Holmes: YES Mayor Taylor: YES 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 COUNTY EMPLOYEES AUTHORITY: Citizens' Bill of Right 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 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 City officials and employees under the jurisdiction of the City 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 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 county 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 and ethics officers shall counsel and encourage employees in their respective department 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 on its designee may use the administrative process of the Miami-Dade County for violation 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 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 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. 3) 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. 4) 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. 5) 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 Mayor, 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. Approved by County Attorney as to form and legal sufficiency.