Res 94-91 RESOLUTION NO. 94-91
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, FORMALLY ESTABLISHING ITS
POLICY ON ETHICS WHICH PROVIDES FOR COMPLIANCE WITH
FLORIDA STATUTES CHAPTER 112, PART III; PROVIDING THAT
IT IS A POLICY OF THE CITY COMMISSION THAT THE
APPEARANCE OF IMPROPRIETY OUGHT TO BE AVOIDED IN THE
CONDUCT OF OFFICIAL DUTIES; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Commission Of the City of Delray Beach,
Florida, desires to formally adopt its long standing policy regarding
the ethics of City Employees, members of City Boards, Commissions and
Committees and all its City Officials relating to the performance of
their official duties; and,
WHEREAS, it has been the policy of the City that all City
Employees, members of City Boards, Commissions or Committees and all
City Officials ought to avoid the appearance of impropriety; and,
WHEREAS, Section 112.326 of the Florida Statutes authorizes
municipalities to impose upon its officers additional or more stringent
requirements than those specified in the Florida Statutes,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission formally establishes and
adopts its policy on ethics which shall read as follows:
Ethics
A. Public Officers and City Employees, including members of
City Boards, Commissions and Committees shall fully comply
with Florida Statute Section 112.313 et seq which sets
forth the Code of Ethics for Public Officers and
Employees.
B. It is the policy of this City that its Public Officers,
Board and Committee members, and City Employees ought to
avoid the appearance of impropriety in the conduct of
their official duties. The "appearance of impropriety" is
conduct which seriously undermines the public trust, as
perceived by reasonable impartial observers.
Section 2. That this resolution shall take effect immediately.
PASSED AND ADOPTED in regular session on this the 19th day of
November, 1991.
ATTEST:
City Clerk
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~/~
SUBJECT: AGENDA ITEM ~ ~ - MEETING OF NOVEMBER 19, 1991
RESOLUTION NO. 94-91
DATE: November 15, 1991
This is a resolution formally establishing a policy on 'ethics and
providing for compliance with Florida Statutes Chapter 112, Part
III. This item was discussed at your November 5, 1991 workshop
meeting, at which the Commission by consensus, agreed to bring forth
this item to the next regular meeting for action.
Recommend consideration of Resolution No. 94-91.
£1TY DF DELRIW BEfl[H ·
CITY ATTORNEY'S OFFICE
FACSIMILE 407/278-4.7~5
(407) 243--70gX
MEMORANDUM
DATE: October 9, 1991
TO: City Commission
FROM: Susan A. Ruby, Assistant City Attorney
SUBJECT: Ethics Resolution
The City Commission at a Workshop Meeting in September
requested that our office prepare a modified ethics resolution
and indicate the "pros" and "cons" of the revised resolution.
In the modified resolution, the requirement for "disclosure
before a vote of any conflict that may exist or is reasonably
perceived as a conflict" is eliminated. The term "conflict"
and its definition are deleted from the resolution.
Instead, the resolution states that City officers and employees
shall ~eet the statutory requirements of Florida Statute
Chapter 112, Part III, as is already required by law, and, in
addition, states it is the policy of the City that its officers
and employees ought to avoid the appearance of impropriety.
The resolution defines the appearance of impropriety as conduct
which seriously undermines the public trust as perceived, by
reasonable impartial observers.
The resolution as currently worded does not significantly
enlarge the ethics requirements of state law, and provides
safeguards against overzealous application. In order for there
to be a violation of the policy contained in the resolution
there is a requirement that there be a serious undermining of
public trust as perceived by reasonable impartial observers.
In addition, the policy is stated as a goal rather than a
mandate with the elimination of the word "shall" and the
substitution of the words "ought to" in Section B of the
resolution.
Our office listed Severai~"concerns to' 'the ~revious ethics
resolution. The previous resolution had a broad definition of
"conflict" and failed to define "appearance of impropriety",
City Commission
October 9, 1991
Page 2
which in our office's opinion created an expansion of the state
law standards, rendering legitimate behavior open for a charge
of conflict. The current language is much less open for abuse
for the reasons described above.
Please contac~ our office if you desire to discuss this matter
SAR:ci . t
Attachment
cc David Harden, City Manager
Judge Kendall
ethics3.txt