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R-2017-03 CITY OF CLERMONT RESOLUTION NO. 2017-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, ADOPTING THE CITY OF CLERMONT RULES OF CONDUCT; ESTABLISHING RULES RELATED TO THE CONDUCT OF MEETINGS; RESTATING THE PUBLIC'S RIGHT TO PARTICIPATE; ESTABLISHING RULES RELATED TO THE ACTIVITIES AND PARTICIPATION OF COUNCIL MEMBERS, APPOINTED BOARD MEMBERS, STAFF AND THE PUBLIC; REPEALING ALL RESOLUTIONS IN CONFLICT AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED by the City Council of the City of Clermont, Lake County, Florida, as follows: SECTION 1. In general. In addition to all requirements imposed in the City Charter, the City Code, and applicable Federal and State law, the provisions herein shall govern the Conduct of the City Council. It is declared to be the intent of the City Council that, if any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction or is in conflict with any portion of the City Charter, the City Code, Federal or State Law, such portion shall be of no effect and shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof. SECTION 2. There are hereby adopted the following Rules of Conduct for the City Council and; where applicable, appointed board members, staff, and members of the public. The rules adopted herein shall be known as the City of Clermont Rules of Conduct and shall be followed and adhered to as applicable to all members of the City Council, City appointed boards and committees, city staff, and the general public. City of Clermont Rules of Conduct A. General All members of the City Council, including the Mayor and Mayor Pro Tem,have equal votes. No Council Member has more power than any other Council Member, and all should be treated with equal respect. All Council Members and members of appointed boards and commissions should: a. Fully participate in applicable meetings and other duly advertised public meetings while demonstrating dignity, respect, kindness, consideration, and courtesy to all. 1 CITY OF CLERMONT RESOLUTION NO. 2017-03 b. Prepare in advance of meetings and be familiar with issues on the agenda. Address clarifications prior to meeting with applicable staff. c. Be respectful of other people's time. Stay focused and act efficiently during meetings. d. Serve as a model of leadership and civility to the community. e. Council Members should inspire public confidence in Clermont's city government and its employees. f. Council Members shall provide contact information with the City Clerk in case of an emergency or an urgent situation arises while the Council Member is otherwise not available. g. Demonstrate honesty and integrity in every action and statement. h. Follow Federal, State and Municipal Laws guiding public officials; including, but not limited to, the State of Florida Code of Ethics for Public Officers and Employees, the Honest Services Act, Florida's Sunshine and Public Records Law, this Resolution, and any other policies that may be adopted by a majority vote of the City Council. B. Policies and Protocol Related to Conduct 1. Ceremonial events. The City Charter designates the Mayor to represent the City at all official functions and events. If the Mayor is unavailable, then City staff will determine if the event organizers would like another representative from the Council. 2. Correspondence signatures. Council Members do not need to acknowledge the receipt of correspondence, or copies of correspondence, during Council meetings; with the exception of zoning ex parte contact. City staff will prepare official letters, as may be appropriate, in response to public inquiries and concerns. These letters will carry the signature of the Mayor or the appropriate City staff. 3. Endorsements of candidates. Council,board,and commission members have the right to endorse candidates for all Council seats or other elected offices. It is inappropriate to mention endorsements during official City meetings or functions. 2 CITY OF CLERMONT RESOLUTION NO. 2017-03 4. Intergovernmental relations. Generally, City Charter Section 6 designates the Mayor to represent the City in intergovernmental relationships; with the exception of designated p , p liaisons. The Council values intergovernmental relations with neighboring communities and other entities. As a result, Council Members should make a concerted effort to attend scheduled meetings with other entities to further promote intergovernmental relations. 5. Legislative process. The City generally follows Roberts Rule of Order for meeting management, provided; however, that Roberts Rule of Order shall not be used to prevent the full and complete discussion or consideration of any final action item by the City Council. 6. Travel expenses. Council Members may receive reimbursement of actual expenses while performing their official duties. All travel shall be approved by the City Council and may include attendance at conferences, seminars, and training sessions on behalf of the City. The City shall pay reasonable expenses for registration fees, lodging, meals, transportation, and allowable miscellaneous expenses for the Council Member only. City Council is responsible for the expenses of spouse or others travelling with the Council Member. All travel expenses will be handled in the same manner and consistent with the provisions of state law and the City's adopted travel policies. C. Public Meeting and Hearing Protocol and Conduct 1. Council Meeting and Agenda. The Council shall meet regularly at least once in every month and at other times as the Council may prescribe. Except as may otherwise be directed by the Council, all regular and special meetings shall be held in the Council Chambers at 6:30 o'clock P.M. As of the close of business on Friday before any regular meeting the City Clerk,under the direction of the City Manager, shall prepare an Agenda for each regular meeting in substantially the same format as set forth in Exhibit A attached hereto and incorporated herein. 2. Conduct of Council and Appointed Board and Commission Members. The Mayor or presiding officer of any appointed board or committee has the responsibility to open and run an efficient public meeting and has the discretion to modify the public hearing or meeting process in order to make the meeting run smoothly. With the exception of asking relevant questions, Council or board members should withhold comment during the public hearing portion of the meeting until the conclusion of the public's portion of the hearing. Council or board members should refrain from arguing or debating with the public during a public hearing arid shall always show respect for different points of view. • 3 CITY OF CLERMONT RESOLUTION NO. 2017-03 3. Public's right to be heard. Members of the public shall be given a reasonable opportunity to be heard on a proposition before the City Council or any appointed City board or commission. The opportunity to be heard need not occur at the same meeting at which the Council,board, or commission takes official action on the proposition if the opportunity occurs at a meeting that is during the decision making process and is within reasonable proximity in time before the meeting at which the Council, board, or commission takes the official action. This section does not prohibit the presiding officer of the Council, board, or commission from maintaining orderly conduct or proper decorum in a public meeting. 4. Rules related to the public's right to be heard. In addition to any other reasonable restrictions thatmay be imposed by the Mayor or presiding member of the Council, board, or commission to ensure decorum, good conduct and efficiency, the following shall apply to all public meetings: a. Prior to the consideration of any action items contained on the Consent Agenda portion of the agenda, if applicable, the Mayor or presiding Member shall publicly read a notice substantially advising the public of the following: The next portion of the meeting is the consent agenda which contains items that have been determined to be routine and non-controversial.. If anyone in the audience wishes to address a particular item on the consent agenda, now is the opportunity for you to do so. Additionally, if staff or members of the City Council wish to speak on a consent item, they have the same opportunity. b. For items listed on the agenda, each speaker will be permitted 5 minutes to address the Council, board, or commission.' For non-agenda items,each speaker will be permitted 3 minutes to address the Council, board, or commission. These time limits may be extended by the Mayor or presiding member. 5. Exemptions. The requirements in Section C 2 above do not apply to: a. An official act that must be taken to deal with an emergency situation affecting the public health, welfare, or safety, if compliance with the requirements would cause an unreasonable delay in the ability of the Council, board, or commission to act; b. An official act involving no more than a ministerial act, including, but not limited to, approval of minutes and ceremonial proclamations; c. • A meeting that is exempt from Florida Statute Section 286.011; or 4 'i. CITY OF CLERMONT RESOLUTION NO. 2017-03 d. A meeting during which the Council,board, or commission is acting in a quasi- judicial capacity. This paragraph does not affect the right of a person to be heard as otherwise provided by law. D. Council Conduct with One Another 1 The City Council and appointed boards and commissions are composed of individuals with a wide variety of backgrounds, personalities, values, opinions, and goals. Despite this diversity, all have chosen to serve in public office in order to preserve,protect and enhance the present and the future of the City of Clermont community. In all cases,this common goal should be acknowledged even as members may"agree to disagree"on contentious issues. 1. In public meetings: a. Practice civility,professionalism and decorum in discussions and debate. Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of a free democracy in action. This does not allow; however,Council, or appointed board, or commission members to make belligerent, personal, impertinent, slanderous, threatening, abusive, or disparaging comments. No shouting or physical actions that could be construed as threatening will be tolerated. Members should conduct themselves in a professional manner at all times, including physical appearance. i • b. Honor the role of the Mayor or presiding officer in maintaining order. It is the responsibility of the Mayor or the presiding officer to keep the comments of all persons; including but not limited to, the Council or appointed board or commission members on track during public meetings. Members should honor efforts by the Mayor or presiding officer to focus discussions on current agenda items. If there is disagreement about the agenda or the Mayor • orre i p s ding officer's actions in refraining staff, public or members from speaking, those ' objections should be voicedolitel and with reason. p Y c. Avoid personal comments that could offend other members. If a Council Member :. or appointed board or commission member is personally offended by the remarks of another member, the offended member should make notes of the actual words used and call for a "point of personal privilege"that challenges the other member l• to justify or apologize for the language used. The Mayor or presiding officer will • maintain order of this discussion. d. Demonstrate effective problem-solving approaches. Council Members and appointed board and commission members have a public stage to show how individuals with disparate points of view can find common ground and seek a compromise that benefits the community as a whole. e. Be punctual and keep p comments relative to topics discussed. Council Members and appointed board or commission members have made a commitment to attend meetings and partake in discussions. Therefore, it is important that members be 5 CITY OF CLERMONT RESOLUTION NO. 2017-03 punctual and that meetings start on time. It is equally important that discussions on issues be relative to the topic at hand to allow adequate time to fully discussed scheduled issues. If a member has an item requested to be on the agenda, itis !;! important they set the example by providing timely written materials. 2. In private encounters a. In discussing matters, whether in person or by correspondence related to the City, Council Members should be clear as to whether his or her statement reflects personal opinion or is the official stance of the City. • a. Continue respectful behavior in private. The same level of respect and consideration of differing points of view that is deemed appropriate for public discussions should be maintained in private conversations. b. Be aware of the insecurity of written notes, voice and text messages, and e-mail. Technology allows words written or said without much forethought to be distributed wide and far. The Public Records Law mandates that any material made or received by an agency in connection with official business be used to perpetuate, communicate or formalize knowledge is a public record, and unless exempt, must be turned over to someone requesting to see that material. Before you create a document, ask yourself: Would you feel comfortable to have this note faxed or PDF'd to others? How would you feel if this voicemail message was played on a speaker phone in a full office? What would happen if this email message was forwarded to others? Written notes, voicemail messages and email related to City business are public communication subject to disclosure: c. Even private conversations can have a public presence. Elected officials are always on display — their actions, mannerisms, and language are monitored by people around them that they may not know. Lunch table conversations will be eavesdropped upon, parking lot debates will be watched, and casual comments between individuals before and after public meetings noted. E. Conduct with City Staff Governance of a City relies on the cooperative efforts of elected officials, who create laws and set policy; and City staff members, who implement and administer the law and Council policies. Therefore, every effort should be made to be cooperative and show mutual respect for the contributions made by each individual for the good of the community. 1. Treat all staff as professionals. Clear,honest communication that respects the abilities,experience,and dignity { p of each individual is expected. Poor behavior towards staff is not acceptable. 6 Ii CITY OF CLERMONT RESOLUTION NO. 2017-03 2. Limit contact to specific City staff. Questions of, or directions to, City staff and/or requests for information should be directed to the City Manager or City Attorney. When in doubt about what staff contact is appropriate, Council Members should ask the City Manager for direction. Materials supplied to a Council Member in response to a request will be made available to all members of the Council so that all have equal access to information. 3. Do not disrupt City staff from their jobs. Staff wants to be accessible for City Council, but Council Members should avoid disrupting City staff while they are in meetings, on the phone, or engrossed in performing their job functions. 4. Avoid publicly criticizing an individual employee. Council Members should avoid expressing concerns about the performance of a City employee in public. Council Members should never criticize an employee directly, or to the employee's manager. Comments about staff performance should only be made to the City Manager. 5. Do not get involved in administrative functions. Council Members must not attempt to influence City Staff on the making of appointments, awarding of contracts, selecting of consultants, processing of development applications, or granting of City licenses and permits. The City Charter, Section 10 also contains information about the prohibition of Council interference in administrative functions. 6. Check with City staff on correspondence before taking action. Before sending correspondence, Council Members should check with City staff to see if an official City response has already been sent or is in progress. 7. Do not attend staff meetings; with or without the public, unless requested by staff or City Council. Even if the Council Member does not say anything, the Council Member's presence implies support, shows partiality, intimidates staff, and hampers staff's ability to do their job objectively. 8. Limit requests for staff support. Even in high priority or emergency situations,requests for additional staff support should be made to the City Manager who is responsible for allocating City resources in order to maintain a professional, well-run City government and following City Council direction. 7 CITY OF CLERMONT RESOLUTION NO. 2017-03 9. Do not solicit political support from staff. Council Members should not solicit any type of political support; financial contributions, display of poster or lawn signs, name on support list, etc., from City staff. City staff may, as private citizens with constitutional rights, support political candidates but all such activities must be done away from the workplace. F. Conduct with the Public 1. In public meetings. Making the public feel welcome is an important part of the local governing process. No signs of partiality prejudice or disrespect should be evident on the part of individual Council, board or commission members toward an individual participating in a public forum. Every effort should be made to be fair and impartial in listening to public comment. a. Be welcoming to speakers. Speaking in front of the Council,board,or commission can be a difficult experience for some people. Some issues undertaken may affect people's daily lives and homes. Some decisions are emotional. The way that members treat people during public hearings can do a lot to make them relax or to push their emotions to a higher level of intensity. b. Be fair and equitable in allocating public hearing time to individual speakers. The Mayor or presiding officer will determine and announce limits on speakers at the start of the meeting or the public hearing process. Generally, for non-agenda items speakers will be allotted three(3)minutes to address the Council. For agenda items speaker will be allotted five (5) minutes, with applicants and appellants or their designated representatives allowed more time. If many speakers are anticipated, the Mayor or presiding officer may shorten the time limit and/or ask speakers to limit themselves to new information and points of view not already covered by previous speakers. No speaker will be turned away unless he or she exhibits inappropriate behavior. Each speaker may only speak once during the public comment unless the Council requests additional clarification. After the close of any public comment portion, no more public testimony will be accepted unless the Mayor or presiding officer reopens the public hearing for a limited and specific purpose. c. Avoid appearing as if you are not listening. It is disconcerting to speakers to have Council,board, or commission members not look at them when they are speaking. It is fine to look down at documents or to make notes,but reading for a long period of time, gazing around the room or getting up from your seat gives the appearance of disinterest. Be aware of facial expressions and body language; such as head and arm movements, especially those that could be interpreted as"smirking", disbelief, anger or boredom. 8 ff CITY OF.CLERMONT RESOLUTION NO. 2017-03 I.+ d. Ask for clarification, but avoid debate and argument with the public. Only the , Mayor or presiding officer, not individual members, can interrupt`a speaker during •j a presentation. However, "a member can ask..the Mayor or presiding officer for a ;I point of order if the speaker is off the topic or exhibiting behavior or language the member finds disturbing. If speakers become flustered, of defensive, it is the i, responsibility of the Mayor or presiding officer to calm and focus the speaker and to maintain the order and decorum of the meeting. Questions by Council,board,or ;' y. commission members to members of the public testifying should seek to clarify or 1 I expand information. It is never appropriate to belligerently challenge or belittle the j speaker: t'; x { e. No personal attacks of any kind, under any circumstance. I i1 ,I f Follow parliamentary procedure in conducting public meetings: The City Attorney j serves as advisory parliamentarian for the City and is available to answer questions 4 or interpret situations according to parliamentary procedures. Final rulings on { parliamentary procedure are made by the Mayor or presiding officer, subject to the i� immediate appeal to the full Council, board, or commission. 2. In unofficial settings.. a. Make no promise on behalf of the Council. Council Members will frequently be asked to explain a Council action or to give their opinion about an issue as they meet and talk with constituents in the community. It is appropriate to give a brief •' overview of City policy and torefer to City staff for further information. Itis I inappropriate to overtly or implicitly promise Council action, or to promise City staff will do something specific;for example, fix a pothole,remove a library book, p plant new flowers in the median, etc. y➢y I b. Make no personal'comments about other Council Members. It is acceptable to disagree publicly about an .issue, but it is unacceptable to make derogatory 1!j comments aboutother Council Members, their opinions and actions. A c. Remember Clermont is a small 'community at heart. Council Members are I constantly being observed by the community every day that they serve in office. Their behaviors and comments serve as models for proper deportment in the City • of Clermont. Honesty and respect for the dignity .of each individual should be j r reflected in every word and action taken by Council Members, 24 hours a day, seven days a week. It is an important and continuous responsibility. .i x • 111!1 Ijf i 9 I 111 CITY OF CLERMONT RESOLUTION NO. 2017-03 G. Council Conduct with Other Public Agencies 1. Be clear about representing the City or personal interests. If a Council Member appears before another governmental agency or organization to give a statement on an issue, the Council Member must clearly state: a. If his or her statement reflects personal opinion or is the official stance of the City. Even if the Council Member is representing his or her own personal opinions, , remember that this still may reflect upon the City as an organization. b. Whether this is the majority or minority opinion of the Council. If the Council Member is representing the City, the Council Member must support and advocate the official City position on an issue, not a personal viewpoint. c. Correspondence also should be equally clear about representation. City letterhead may be used when the Council Member is representing the City and the City's official position. A copy of official correspondence should be given to the City Clerk to be filed as part of the permanent public record. To avoid confusion regarding City Council's position, City letterhead should not be used for correspondence of Council Members representing a personal point of view, or a dissenting point of view from an official Council position. H. Council Conduct with Appointed Boards or Commisisons The City has established several boards and commissions as a means of gathering more community input. Citizens who serve on advisory boards and commissions become.more involved in government and serve as advisors to the City Council. They are a valuable resource to the City's leadership and should be treated with appreciation and respect. 1. If attending an appointed board or commission meeting,and you are not an appointed the liaison, be careful to only express personal opinions. Council Members may attend any appointed board meeting,which are always open to any member of the public. However,if the appointed board or commission is conducting a quasi-judicial public hearing,the Council Member should refrain from attending. Council Members should be sensitive to the way their participation could be viewed as unfairly affecting the process. Any.public comments by a Council Member at an appointed board meeting should be clearly made as individual opinion and not a representation of the feelings of the entire City Council. Also be cognizant of the Sunshine Law, precluding discussion (outside of a meeting advertised for City Council) by two or more members of City Council on any item that may take.action upon. A Council Member's presence may affect the conduct of the appointed boards and limit their role and function. , 10 CITY OF CLERMONT RESOLUTION NO. 2017-03 2. Limit contact with appointed board and commission members. It is inappropriate for a Council Member to contact an appointed board member to lobby on behalf of an individual, business, or developer. Council Members should contact staff in order to clarify a position taken by the advisory boards. 3. Appointed board and commissions serve the City Council, not individual Council members. City Council appoints individuals to serve on these boards,and it is the responsibility of board and commission members to follow applicable law and policy established by the Council. But board and commission members do not report to individual Council Members, nor should Council Members feel they have the power or right to threaten board members with removal if they disagree f , about an issue. Appointment and re-appointment to an appointed board or commission should be based on such criteria as expertise, ability to work with staff and the public,and commitment to fulfilling official duties. A board appointment should not be used as a political "reward": 4. Be respectful of diverse opinions. A primary role of appointed boards is to represent many points of view in the community and to provide the Council with advice based on a full spectrum of concerns and perspectives. Council Members must be fair and respectful of any citizens serving on appointed boards. 5. Keep election issues away from public forums and appointed board meetings. While Council Members are free to participate in politics when not conducting official business, they should refrain from campaigning for office or providing political support or non-support for those who are running for any elected office; national, state or local, while conducting official FII duties or when attending appointed board meetings: !. I I. 'Council Conduct with the Media Council Members may be contacted by the media for background and quotes. • - p 1. The best advice for dealing with the media is to avoid going"off the record". Most members of the media represent the highest levels of journalistic integrity and ethics, and ! can be trusted to keep their word. But one bad experience can be catastrophic. 'Words that are not said cannot be quoted. k1 11 CITY OF CLERMONT RESOLUTION NO. 2017-03 2. Choose words carefully and cautiously. Comments taken out of context can cause problems. Be especially cautious about humor, sardonic asides, sarcasm, or word play. It is never appropriate to use personal slurs or swear words when talking with the media. I. Sanctions The is the judge of its own qualifications; City Charter Section 13, and Council Members who intentionally and repeatedly do not follow proper conduct may be reprimanded or formally censured by the Council. Serious infractions of this Code of Conduct could lead to other sanctions as deemed appropriate by Council, including forfeiture of office. It is the responsibility of City Council to initiate action if a Council Member's behavior may warrant sanction due to a breach of these written standards of conduct. Any action taken on the alleged violation(s) must be brought up with the City Council in a public meeting. SECTION 3. All resolutions or policies of the City in conflict herewith are hereby repealed to the extent of the conflict. SECTION 4. This resolution shall take effect immediately upon its adoption. 12 CITY OF CLERMONT RESOLUTION NO. 2017-03 (11 DONE AND RESOLVED by the City Council of the City of Clermont, Lake County, Florida, this 10th day of January, 2017. ;11. IV, r q^ 1, ,1 I, a City of Clermont • 'ii,',1; d ,^ 1:7''x. 1 n y`t A , / �� � Y i I I ��r l _/ ' 114, ' iF / I 1 r k; i i411/ VI •II .41( , _, a B,;T° Gail L. Ash, Mays �'y) :'trv,,�ttest:i':• , :. Ai Tracy Ackroyd Howe, City Clerk Approved as to form and legality: rill DW orney 6C CLERMONT of EXHIBIT A CITY OF CLERMONT COUNCIL MEETING AGENDA 6:30 P.M.,(Day/Date) Welcome to our Council meeting. In the interest of time efficiency and ensuring that everyone who wishes to address the Council is given the opportunity to do so,the following will apply to all comments made by the public.For items listed on the agenda,each speaker will be permitted 5 minutes to address the Council. For non-agenda items,each speaker will be permitted 3 minutes to address the Council. These time limits may be changed by the Mayor. Thank you for participating in your City Government. CALL TO ORDER INVOCATION& PLEDGE OF ALLEGIANCE PROCLAMATIONS PRESENTATIONS PUBLIC COMMENTS • REPORTS CONSENT AGENDA The next portion of the meeting is the consent agenda which contains items that have been determined to be routine and non- controversial. If anyone in the audience wishes to address a particular item on the consent agenda,now is the opportunity for you to do so. Additionally,if staff or members of the City Council wish to speak on a consent item,they have the same opportunity. UNFINISHED BUSINESS NEW BUSINESS ADJOURN Any person wishing to appeal any decision made by the City Council at this meeting will need a record of the proceedings.For that purpose,such person may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. In accordance with the Americans with Disabilities Act(ADA),if any person with a disability defined by the ADA needs special accommodation to participate in this proceeding,then not later than two business days prior to the proceeding he/she should contact Clermont,City Clerk's Office,352-241-7330. Please be advised that if you intend to show any document,picture,video or items to the Council or Board in support or opposition to any item on the agenda;a copy of the document,picture,video or item must be provided to the City Clerk for the City's records.