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2017-29750 Reso RESOLUTION NO. 2017-29750 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ESTABLISHING AN OATH OF CIVILITY FOR CITY APPOINTED AND ELECTED OFFICIALS WHEREAS,the Mayor and City Commission of the City of Miami Beach are committed to the principles of civility, honor and dignity in conducting City business, and in maintaining such civility in public and political discourse during meetings of the City Commission and City boards and committees; WHEREAS, the City Commission's commitment to civility is prefaced upon its belief that uncivil conduct not only compromises the integrity of the governmental process, but also undermines a City official's ability to objectively represent his or her constituents; WHEREAS, pursuant to its January 11, 2017 Resolution, the Miami-Dade County Commission on Ethics and Public Trust has requested that municipalities in Miami-Dade County add the following "Oath of Civility" to the oaths of office administered to elected and appointed City officials: "To my colleagues and to all of those I represent and serve, I pledge fairness, integrity and civility, in all actions taken and all communications made by me as a public servant"; WHEREAS, finding the Ethics Commission's request to be consistent with the City Commission's above-referenced allegiance to civility and good government, the Mayor and City Commission hereby adopt the subject "Oath of Civility", and thus issue its precept requiring hereafter all elected and appointed officials of the City of Miami Beach to take such oath upon their assumption of duties. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH: Section 1. In addition to the statutory oath of office currently required of City officials, all elected and appointed officials of the City of Miami Beach shall hereafter be required to take the following "Oath of Civility": "To my colleagues and to all of those I represent and serve, I pledge fairness, integrity and civility, in all actions taken and all communications made by me as a public servant"; Section 2. Upon execution, said oath shall be filed as a public record in the City Clerk's Office. Section 3. The City Clerk and/or City board/committee staff shall present this Oath to incumbent (as of the date of this Resolution's adoption) City officials for their affirmation. This Resolution shall be effective immediately upon its passage. PASSED and ADOPTED this p day of Fe brcc q rV , 2017. ATTEST: / PHILIP LE /14 ' 4 MAYOR <C��j !111 , C TY CLERK RA ADO /47,' •.•......���. -• C�, ,,• • .7 i X j' � s ' /' j � ,s i RP ORATED: f.1 (Sponsored by Mayor Philip Le ,in ' It •G0 top (Co-Sponsored by Ci ty Commiss d e y ohn Ale�gi t� �/L� •• O)�,t HG,. . APPROVED AS TO FORM&LANGUAGE a FOR EXECUTION FAATTO\AGUR\RESOS-ORD\20 I 7\Reso-Oath of Civility.docx L---;• 1 ' Zl 11 City Attorney De* Resolutions - R7 M MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Raul Aguila, City Attorney DATE: February 8, 2017 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ESTABLISHING AN OATH OF CIVILITY FOR CITY APPOINTED AND ELECTED OFFICIALS. ANALYSIS See Memorandum Attached. Legislative Tracking Office of the City Attorney and Office of the City Clerk Sponsor Mayor Philip Levine & Co-sponsored by Vice-Mayor Joy Malakoff and Commissioner John Elizabeth Aleman ATTACHMENTS: Description ❑ Memorandum ❑ Resolution ❑ Attachment-LTC Page 720 of 873 MIAMI BEACH OFFICE OF THE CITY ATTORNEY COMMISSION MEMORANDUM TO: MAYOR PHILIP LEVINE MEMBERS OF THE CITY COMMISSION CITY MANAGER JIMMY MORA ES FROM: RAUL J. AGUILA 05` CITY ATTORNE DATE: FEBRUARY 8,2017 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA ESTABLISHING AN OATH OF CIVILITY FOR CITY APPOINTED AND ELECTED OFFICIALS The Miami-Dade County Ethics Commission recently adopted a Resolution requesting that municipalities consider expanding upon the oath of office administered to City elected and appointed officials by including therein an"Oath of Civility", reading as follows: "To my colleagues and to all of those I represent and serve, I pledge fairness, integrity and civility, in all actions taken and all communications made by me as a public servant" Mayor Philip Levine has reviewed this issue and has requested introduction of the attached City of Miami Beach Resolution, believing adoption of such Oath to be consistent with prior legislative actions taken by the City Commission. This Oath is not meant to be exhaustive, but instead to set a tone or guide for conduct not specifically covered by the ethics laws applicable to City officials, with the intended underlying principles being good-faith, as well as civil and respectful communication by, between and among the City's officials and the public. Should the City Commission adopt the attached proposed City Resolution, all elected and appointed officials of the City shall be required to take this "Oath of Civility" prior to assumption of duties (in addition to the presently-imposed statutory oath of office). MIAMI BEACH OFFICE OF THE CITY CLERK No. 041-2017 LETTER TO COMMISSION TO: Mayor Philip Levine and Members of the City Commission FROM: Rafael E. Granado, City Clerk DATE: January 24, 2017 SUBJECT: MIAMI-DADE COMMISSION ON ETHICS AND PUBLIC TRUST RESOLUTION Please see attached Civility Resolution passed on January 11, 2017 by the Miami-Dade Commission on Ethics and Public Trust. RESOLUTION OF THE MIAMI-DADE COMMISSION ON ETHICS AND PUBLIC TRUST RECOMMENDING ADOPTION BY MIAMI-DADE COUNTY AND EVERY MUNICIPALITY WITHIN THE COUNTY OF AN AMENDMENT ADDING AN OATH OF CIVILITY TO THE OATHS OF OFFICE ADMINISTERED TO ALL ELECTED AND APPOINTED PUBLIC OFFICIALS. Mr. Joseph Centorino, Executive Director and General Counsel of Miami-Dade Commission on Ethics and Public Trust, has requested that a copy of this resolution be provided to the Miami Beach Mayor and Commissioners. If you have any questions, please contact the Office of the City Clerk at 305.673.7411. LC/REG Attachment F:\CLER\$ALL\CILIA\LTC's-Transmittal's\Clvlllty Resolutlon.docx 1 RESOLUTION OF THE MIAMI-DADE COMMISSION ON ETHICS AND PUBLIC TRUST RECOMMENDING ADOPTION BY MIAMI- DADE COUNTY AND EVERY MUNICIPALITY WITHIN THE COUNTY OF AN AMENDMENT ADDING AN OATH OF CIVILITY TO THE OATHS OF OFFICE ADMINISTERED TO ALL ELECTED AND APPOINTED PUBLIC OFFICIALS WHEREAS, the establishment of ethics in government and the practice of ethical conduct by public officials requires that those who hold the public trust practice and political a - - --- -maintain-respect-for the ilumari dignity of their peers;subo3�diriatts, p-- ' •-- -allies-- ---- --- -; and adversaries, as well as members of the general public; and WHEREAS, the level of respect or disrespect for human dignity is most often on • • display in personal interactions between and among those who engage in public service, as well as those who aspire to public office in political campaigns; and WHEREAS, in the words of Thomas Jefferson, "It is the manners and spirit of a people which preserve a republic in vigour...a degeneracy in these is a canker which soon eats to the heart of its laws and constitution; and WHEREAS, through our common experience and the observed behavior of public officials, either personally or through the media, it has become apparent that there has occurred a degeneracy in the level of civility shown by too many of those who participate in government, including public servants, those who aspire to be public servants, and those who interact with public servants; and WHEREAS, it has reached a point where uncivil, rude, and insulting behavior, which demeans both the perpetrators as well as those subjected to such behavior,has become too prevalent and too accepted in government and in political campaigns at all levels; and WHEREAS, this lack of civility threatens the integrity and proper functioning of • government and politics, not only in Miami-Dade County, but throughout the • country; and WHEREAS, the practice of civility in government may be maintained at no cost to the taxpayers and without impeding the free flow of ideas or the vigorous debate of important public issues; and WHEREAS, in 2011, the Florida Supreme Court added language to the Oath of • Admission to The Florida Bar, sworn to by every newly-admitted attorney,requiring civility by attorneys to opposing parties and their counsel in court and in all written and oral communications; and WHEREAS, the same requirement and expectation of civility and integrity ought to apply to all of those sworn to serve in government; and WHEREAS, a review conducted by the staff of the Miami-Dade Commission on j Ethics and Public Trust has revealed that such a requirement is absent from oaths of -office administered to public officials in Miami-Dade County government and in the municipalities with the County, . _. : , NOW, THEREFORE, BE IT FURTHER RESOLVED: 1) That the Miami-Dade Commission on Ethics and Public Trust recommends the adoption by the Miami-Dade County Commission and by the governing bodies of all municipalities within the County, of the following language, or • language of similar import and meaning, in oaths of office administered to all elected and appointed public officials: "To my colleagues and to all of those I represent and serve, I pledge fairness, integrity and civility, in all actions taken and all communications made by me as a public servant." 2) That this RESOLUTION shall be communicated to the Clerks of all County and municipal governing bodies in Miami-Dade County together with a request that this proposed action be placed on the agenda at a forthcoming public meeting of each body. Adopted this day of 1--1/- , 2017 T i t -DADE CO ■e iS . ON ON ETHICS AND PUBLIC TRUST Ao L. ��ce'Schwa r,L fair I I � f 1