Fort Walton Beach Council agenda — 09-16-08 workshop agenda — reading text

office of ?" If a majority of the registered voters on a proposed recall vote in its favor, the official is removed and the winning candidate for sucessor, if any, shall be elected as a replacement for the duration of the expired term Otherwise the vacancy shall be filled in accordance with s. 2. 06(c) Article VII General Provisions page 53 Section 7. 01 Conflicts of Interest; Board of Ethics  Excerpt from Model City Charter, 8th Edition a) Conflicts of Interest. The use of public office for private gain is prohibited. The city council shall implement this prohibition by ordinance, the terms of which shall include, but not be limited to: acting in an official capacity on matters in which the official has a provate financial interest clearly separate from that of the general public; the acceptance of gifts and other things of value; acting in a private capacity on matters dealt with as a public official; the use of confidential information; and appearances by city officials before other city agencies on behalf of private interest. This ordinance shall include a statement of purpose and shall provide for reasonable public disclosures of finances by officials with major decision- making authority over monetary expenditures and contractual and regulatory matters and, insofar as permissible under state law, shall provide for fines and imprisonment for violations. b) Board of Ethics. The city council shall, by ordinance, establish an independent board of ethics to administer and enforce the conflict of interest and financial disclosure ordinances. No member of the board may hold elective or appointed office under the city or any other government to hold any policial party office. Insofar as possible under state law, the city council shall authorize the board to issue binding advisory opinions, conduct investigations on its own initiative and on referral or complaint from officials or citizens, subpoena witnesses and documents, refer cases prosecution, impose administrative fines, and to hire independent counsel. The city council shall appropriate sufficient funds to the board ethics to enable it to perform the duties assigned to it and to provide annual training and education of city officials and employees, indluding candidates for public office, regarding the ethics code. Section 7. 02 Prohibitions page 54 a) Activities Prohibited 1) No person shall be appointed to or removed from, or in any way favored or discriminated against with respect to any city position or appointive city administrative office because of race, gender, age, sexual orientation, disability, religion, country of origin, or political affiliation. 2) No person shall willfully make any false statement, certificate, mark, rating or report in regard to any test, certification or appointment under the provisions of this charter or the rules and regulations made thereunder, or in any manner commit or attempt to commit any fraud preventing the impartial execution os such provisions, rules and regulations. 3) No person who seeks appointment or promotion with respect to any city position or appointive city administrative office shall directly or indirectly give, render or pay any money, service or other valuable thing to any person for or in connection with his or her test, appoinmtnet, proposed appointment, promotions or proposed promotion.  Excerpt from Model City Charter, 8th t- dition 4) No person shall knowingly or willfully solicit or assist in soliciting any assessment, subscription or contribution for any political party or political purpose to be used in conjunction with any city election from any city offier or city employee. 5) No city officer or city employee shall knowingly or willfully make, solicit or receive any contribution to the campaign funds of any political party or committee to be used in a city election or to campaign funds to be used in support of or opposition to any candidate for election to city office or city ballot issue. Further, no city employee shall knowingly or willfully participate in any aspect of any political campaign on behalf of or opposition to any candidate for city office. This section shall not be construed to limit any person'e right to exercise rights as a citizen to express opinions or to cast a vote nor shall it be construed to prohibit any person from active participation in political campaigns at any other level of government. b) Penalties. Any person convicted of a violation of this section shall be ineligible for a period of five years following such conviction to hold any city office or position and, if an officer or employee of the city, shall immediately forfeit his or her office or position. The city council shall establish by ordinance such further penalties it may deem appropriate.  Attachment 5 Matrix identifying other municipalities addressing the issues Page 6  CHARTER REVIEW MATRIX Jacksonville Sunny Isles Vero Beach Beach Venice Beach Naples City FWB Title IV. Miscellaneous Provisions Article 15 Miscellaneous Section 57. Oath of Office Provisions Section 15. 5 Article I. Section 58. Continuance of Present Powers Officers Section 1. 01 Article III. Article 13 Article 5. Chapter Ill Legislative Nominations Section 60. Elections Elections Article IV. Elections Section 3.04 ; and Elections Elections Article V Cha ter I Article 16 Article 4. Article XII General General Succession in Section 62. Property rights, Legislative, Transitional Provisions, Provisions Government obligations, ordinances, etc Provisions Section o-4.8 Sec 5. 05 Section 9 Section 16.2 Article 15 Article III. Miscellaneous Article 3. Article IV - Chapters II and Section 63. Offices and em p to y ment Charter Provisions Administrative Administrative; V Officers Section 15. 11 Article 1. Corporate Article VI. Existence, Form' Article I. Chapter XI Article 16 Transition of Government, Powers Transition Succession in Section 64. Construction Schedule Section 1. 04 Schedule Government Boundary and Powers Section C -1. 4 Article 16 Article VI Article XII Succession in Transition No mention Transitional No mention Section 67. Repealer Government Schedule Provisions Section 16. 6 Editor's note Editor's note: Part 1 amended Charter This charter on September 8, i Article 16 Article Vl. Revision was filed in 1989; Succession in `. Section 68. Effective Date Transition Commission the office of subsequently Government Schedule Certification 7- the secretary - amended in Section 16. 8 17 -03 of state of entirety on June 27, 1977 November 5, 1996 Section 73. Police jurisdiction over navigable waters Section 74. Acquisition of recreational tracts