OF POMONA  Town of Pomona Park Agenda Town Councill Workshop Mayor. Joe Svingala Councilwoman Evans Councilwoman Linkswiler Councilwoman Mead Councilwoman Kuleski  Town Hall 1775HWY175 Pomona Park, FI32181 www.pomonapark.com  AKE  Monday, November 25, 2024 Town! Staff Andrea Almeida, Town Clerk Jennifer Paul, Finance Officer Don! Holmes, Town Attorney  10:00 AM  Chambers  Public Participation shallt be in accordance with Section 286.01141 Florida Statutes. Other matters of concern may! be discussed as determined by Town Council.  Ifyouy wish to obtain morei information regarding the Town Council's agenda, please contact the Town Clerk's Office at Ina accordance witht the Americans with Disabilities Act and Section 286. 26, Florida Statutes, persons needing a reasonable accommodation to participate ina any of thesep proceedings or meeting should contact the Town Clerk at 386-649-4902, at Itis proper meeting etiquette tos silence alle electronic devices, including cell phones while Council isi ins session. Any person who decides to appeal any decision oft the Town Council with respect to any matter considered att this meeting will need ar record of the proceedings, and for such purpose, may need to hire a court reporter to ensure that a verbatim record oft the proceedings is made, which recordi includes the testimony and evidence upon whicht the appeal ist tot bel based.  386-649-4902.  least 48 hours prior to the meeting.  PUBLIC PARTICIPATION  Public Participation shall be heldi in accordance with Section 286.0114 Florida Statutes. And pursuant to the Town Council's Meeting Policies and Procedures: (1) Each speaker shall at the podium, provide their name and may speak for upt to 5 minutes. (2) The Public may provide comments tot the Town Council relative to matters not on the agenda at thet times indicated in this Agenda. Following any comments from the public, (3) When addressing the Town Council on specific, enumerated Agenda items, speakers  there may bec discussion! by the Town Council. shall:direct all comments to the Council; make their comments concise and to the point; not speak more than once on the same subject; obey the orders of the Mayor or the Town Council; and  not, by speech or otherwise, delay or interrupt the proceedings or the peace of the Town not make any irrelevant, impertinent or slanderous comments while addressing the Town Council; which pursuant to Council rules, shall be considered disorderly. (4) Any person whol becomes disorderly or who fails to confine his or her comments to the identified subject or business, shall be cautioned by the Mayor and thereafter must conclude his or her remarks ont the subject within the remaining designated time limit.  Council;  Town of Pomonal Park  Created on 4/12/23    Any speaker failing to comply, as cautioned, shall be barred from making anya additional comments during Members oft the public may make comments during the public comment portion of the meeting. Please be advised that public comment will only be permitted during the public comment portions of the agenda at Comment Cards are available before any meeting int the Clerk's Office or to the left side when you walk  the meeting and may! be removed, as necessary, for the remainder of the meeting.  thet times indicated by the Chair during the meeting.  into the Chamber door. Please return completed cards to the Clerk.  PLEDGE OF ALLEGIANCE TO THE FLAG CALL TO ORDER ANDI WELCOME VISITORS Code of Ethic Workshop Review Ethics Handout  PUBLIC COMMENTS ADOURNMENT  Townd of Pomona Park  Created on 4/12/23 2    OF POMONA  ONN  PIR  A. BEAL  UTIFUL LAKE  EIONF  Town ofPomona Park  Code of Ethics and Conduct Elected and Appointed Officials  For  "Always do right. This will gratif some people and  astonish the rest.' "  Mark Twain    Policy Purpose  The Town ofPomona Park Council adopts this Code of Ethics and Conduct to assure that all elected and appointed officials, while exercising their office, conduct themselves in a manner that will instill public confidence and trust in the fair operation and integrity oft the Town of  Pomona Park government. A. ETHICS  The citizens and businesses of Pomona Park are entitled to have fair, ethical and accountable local government. To this end, the public should have full confidence that their elected and  appointed officials: government;  Comply with both the letter and spirit of the laws and policies affecting the operations of  Are independent, impartial and fair in theirj judgment and actions; Use their public office for the public good, not for personal gain; and  Conduct public deliberations and processes openly, unless required by law to be confidential,  in an atmosphere ofrespect and civility.  Therefore, members of the Town Council, and of all Boards, Committees and Commissions shall conduct themselves in accordance with the following ethical standards:  1. Act in the Public Interest. Recognizing that stewardship of the public interest must be their primary concern, members will work for the common good oft the people of Pomona Park and not for any private or personal interest, and they will assure fair and equal treatment ofall persons, 2. Comply with both the spirit and the letter of the Law and Town Policy. Members shall comply with the laws of the nation, the State ofFlorida and the Town of Pomona Park in the 3. Conduct of Members. The professional and personal conduct of members while exercising their office must be above reproach and avoid even the appearance ofi impropriety. Members shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of Council, Boards, Committees and Commissions, the staff or public. 4. Respect for Process. Members shall perform their duties in accordance with the processes and 5. Conduct at Public Meetings. Members shall prepare themselves for public issues; listen courteously and attentively to all public discussions before the body; and focus on the business at 6. Decisions Based on Merit. Members shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations. When making adjudicative decisions (those decisions where the member is called upon to determine and apply facts peculiar to an individual case), members shall maintain an open mind until the conclusion oft the hearing on the matter and shall base their decisions on the facts presented at the hearing and the law.  claims and transactions coming before them.  performance of their public duties.  rules oforder established by the Town Council.  hand.    7. Communication. For adjudicative matters pending before the body, members shall refrain from receiving information outside of an open public meeting or the agenda materials, except on advice oft the Town Attorney. Members shall publicly disclose substantive information that is relevant to a matter under consideration by the body which they may have received from sources 8. Conflict of Interest. In order to assure their independence and impartiality on behalf of the common good and compliance with conflict ofinterest laws, members shall use their best efforts to refrain from creating an appearance ofi impropriety ini their actions and decisions. Members shall not use their official positions to influence government decisions in which they have (a)a material financial interest, (b) an organizational responsibility or personal relationship which may A member who has a potential conflict of interest regarding a particular decision shall disclose the matter to the Town Attorney and reasonably cooperate with the Town Attorney to 9. Gifts and Favors. Members shall not take any special advantage of services or opportunities for personal gain, by virtue of their public office that is not available to the public in general. They shall refrain from accepting any gifts, favors or promises of future benefits which might compromise their independence ofjudgment or action or give the appearance of being 10. Confidential Information. Members must maintain the confidentiality of all written materials and verbal information provided to members which is confidential or privileged. Members shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial or other private interests. 11. Representation of Private Interests. In keeping with their role as stewards of the public interest, members of Council shall not appear on behalf of the private interests of third parties before the Council or any Board, Committee, Commission or proceeding of the Town, nor shall members of] Boards, Committees and Commissions appear before their own bodies or before the Council on behalfoft the private interests of third parties on matters related to the areas ofs service 12. Advocacy. Members shall represent the official policies or positions ofthe Town Council, Board, Committee or Commission to the best oft their ability when designated as delegates for this purpose. When presenting their individual opinions and positions, members shall explicitly state they do not represent their body or the Town of] Pomona Park, nor will they allow the inference that they do. Council members and Board, Committee and Commission members have the right to endorse candidates for all Council seats or other elected offices. Itisi inappropriate to mention or display endorsements during Council meetings, or Board, Committee and  outside oft the public decision-making process.  give the appearance of a conflict ofinterest, or (c) a strong personal bias.  analyze the potential conflict.  compromised.  oft their bodies.  Commission meetings, or other official City meetings.  2    13. Policy Role of Members. Members shall respect and adhere to the council structure of Pomona Park government as outlined in the' Town of] Pomona Park Charter and Code. In this structure, the Town Council determines the policies oft the Town with the advice, information and analysis provided by staff, Boards, Committees and Commissions, and the public. Except as provided by the Town Charter, members shall not interfere with the administrative functions of the Town or the professional duties of staff; nor shall they impair the ability of stafft to implement 14. Independence of Boards, Committees and Commissions. Because of the value of the independent advice of Boards, Committees and Commissions to the public decision-making process, members of Council shall refrain from using their position to unduly influence the deliberations or outcomes of Board, Committee and Commission proceedings. 15. Positive Work Place Environment. Members shall support the maintenance of a positive and constructive work place environment for employees and for citizens and businesses dealing with the Town. Members shall recognize their special role in dealings with employees toi in no way  Council policy decisions.  create the perception ofinappropriate direction to staff.  B. CONDUCT GUIDELINES  The Conduct Guidelines are designed to describe the manner in which elected and appointed officials should treat one another, staff, constituents, and others they come into contact with while 1. Elected and Appointed Officials' Conduct with Each Other in Public Meetings Elected and appointed officials are individuals with a wide variety of backgrounds, personalities, values, opinions, and goals. Despite this diversity, all have chosen to serve inj public office in order to preserve and protect the present and the future of the community. In all cases, this common goal should be acknowledged even though individuals may not agree on every issue.  representing the Town of Pomona Park.  (a) Honor the role of the chair in maintaining order  Itist the responsibility of the chair to keep the comments of members on track during public meetings. Members should honor efforts by the chair to focus discussion on current agenda items. Ifthere is disagreement about the agenda or the chair's actions, those objections should be voiced politely and with reason, following procedures outlined inj parliamentary procedure.  3    (b) Practice civility and decorum in discussions and debate  Difficult questions, tough challenges to aj particular point of view, and criticism ofi ideas and information are legitimate elements of debate by ai free democracy in action. Free debate does not require nor justify, however, public officials to make belligerent, personal, impertinent,  slanderous, threatening, abusive, or disparaging comments. (C) Avoid personal comments that could offend other members  Ifa member is personally offended by the remarks of another member, the offended member should make notes oft the actual words used and call for a "point of personal privilege" that challenges the other member toj justify or apologize for the language used. The chair will  maintain control of this discussion.  (d) Demonstrate effective problem-solving approaches  Members have a public stage and have the responsibility to show how individuals with disparate points of view can find common ground and seek a compromise that benefits the community as a  whole.  2. Elected and Appointed Officials' Conduct with the Public in Public Meetings  Making the public feel welcome is an important part of the democratic process. No signs of partiality, prejudice or disrespect should be evident on the part ofi individual members toward an individual participating in a public forum. Every effort should be made to be fair and impartial in listening to  public testimony.  (a) Be welcoming to speakers and treat them with care and gentleness.  While questions of clarification may be asked, the official's primary role during public testimony  ist to listen.  (b) Bej fair and equitable in allocating public hearing time to individual speakers.  The chair will determine and announce limits on speakers at the start oft the public hearing  process.  (c) Practice active listening  Itis is disconcerting to speakers to have members not look at them when they are speaking. Itis fine to look down at documents or to make notes, but reading for a long period oft time or gazing around the room gives the appearance of disinterest. Members shall try to be conscious of facial expressions, and avoid those that could be interpreted as "smirking," disbelief, anger or boredom. Members oft the public deserve an opportunity to influence the thinking of elected and appointed  (d) Maintain an open mind officials.  (e) Ask for clarification, but avoid debate and argument with the public exhibiting behavior or language the member finds disturbing.  Only the chair- not individual members - can interrupt a speaker during a presentation. However, a member can ask the chair for a point of order if the speaker is off the topic or  4    3. Elected and Appointed Officials' Conduct with Staff  Governance ofa Town relies on the cooperative efforts of elected officials, who set policy, appointed officials who advise the elected, and staff who implement and administer the Council's 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.  (a) Treat all staff as professionals  Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected. Poor behavior towards staffi is not acceptable.  (b) Do not disrupt stafffrom their jobs  Elected and appointed officials should not disrupt staff while they are in meetings, on the phone, or engrossed in performing their job functions in order to have their individual needs met. Do not attend staff meetings unless requested by staff- even ift the elected or appointed official does not say anything, his or her presence implies support, shows partiality, may intimidate staff, and hampers staff's ability to do theirj job objectively.  (c) Never publicly criticize an individual employee  Elected and appointed officials should never express concerns about the performance ofan employee in public, to the employee directly, or to the employee's manager. Comments about staff performance should only be made to the Town Clerk through private correspondence or  conversation.  (d) Do not get involved in administrative, functions  Elected and appointed officials acting ini their individual capacity must not attempt to influence staff ont the making of appointments, awarding of contracts, selecting of consultants, processing  of development applications, or granting of Town permits.  (e) Do not. solicit political support from. staff  Elected and appointed officials should not solicit any type of political support (financial contributions, display of posters or lawn signs, name on support list, etc.) from staff. Staffi may, as private citizens with constitutional rights, support political candidates but all such activities Members shall not seek to establish an attorney-client relationship with the Town Attorney, including his or her staff and attorneys contracted to work on behalfoft the Town. The Town Attorney represents the Town and not individual members. Members who consult with the Town Attorney cannot enjoy or establish an attorney-client relationship with the attorney.  must be done away from the workplace. NoA Attorney-Client Relationship  4. Council Conduct with Boards, Committees and Commissions  The Town has established several Boards, Committees and Commissions as a means of gathering more community input. Citizens who serve on Boards, Committees and Commissions become more involved in government and serve as advisors to the Council. They are a valuable resource to the  Town's leadership and should be treated with appreciation and respect.    (a) Ifattending a Board, Committee or Commission meeting, be careful to only express personal Councilmembers may attend any Board, Committee or Commission meeting, which are always open to any member of the public. However, they should be sensitive to the way their participation - especially ifit is on behalf of an individual, business or developer - could be viewed as unfairly affecting the process. Any public comments by a Councilmember at a Board, Committee or Commission meeting should be clearly made as individual opinion and (b) Limit contact with. Board, Committee and Commission members to questions ofclarification Itis inappropriate for a Councilmember to contact a Board, Committee or Commission member to lobby on behalf of an individual, business, or developer, and vice versa. Itis acceptable for Councilmembers to contact Board, Committee or Commission members in order to (c) Respect that Boards, Committees and Commissions serve the communily, not individual The Council appoints individuals to serve on Boards, Committees and Commissions, and it is the responsibility of Boards, Committees and Commissions to follow policy established by the Council. But Board, Committee and Commission members do not report to individual Councilmembers, nor should Councilmembers feel they have the power or right to threaten Board, Committee and Commission members with removal ifthey disagree about an issue. Appointment and re-appointment to a Board, Committee 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, Committee or Commission appointment should not be used as a political A primary role of Boards, Committees and Commissions 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. Councilmembers may have a closer working relationship with some individuals serving on Boards, Committees and Commissions, but must be fair and respectful ofall citizens  opinions  not a representation of the feelings of the entire Council.  clarify aj position taken by the Board, Committee or Commission.  Councilmembers  "reward."  (d) Be respectful of diverse opinions  serving on Boards, Committees and Commissions. (e) Keep political support away_from public forums  Board, Committee and Commission members may offer political support to a Councilmember, but not in aj public forum while conducting official duties. Conversely, Councilmembers may support Board, Committee and Commission members who are running for office, but not in an official forum in their capacity as a Councilmember.  C. SANCTIONS  (a) Ackowledgement of Code of Ethics and Conduct  Councilmembers who do not sign an acknowledgement that they have read and understand the Code of Ethics and Conduct shall be ineligible for intergovernmental assignments or Council subcommittees. Board, Committee and Commission members who do not sign an acknowledgement that they have read and understand the Code of] Ethics and Conduct are not  eligible to hold office.  6    (b) Ethics Training, for Local Officials  Councilmembers, Board, Committee and Commission Members who are out of compliance with State or City mandated requirements for ethics training are not eligible to hold office and shall not represent the Town on intergovernmental assignments or Council subcommittees, and may be The Town of] Pomoma Park's Code of Ethics and Conduct expresses standards of ethical conduct expected for members of the Town of Pomona Park's Council, Boards, Committees and Commissions. Members themselves have the primary responsibility to assure that ethical standards are understood and met, and that the public can continue tol have full confidence ini the integrity of government. The chairs of Boards, Committees and Commissions and the Mayor and Council have the additional responsibility to report to the city manager when actions of members that appear to be in violation ofthe Code of Ethics and Conduct are brought to their attention. Councilmembers who intentionally and/or repeatedly do not follow proper conduct may be reprimanded or formally censured by the Council, lose seniority or committee assignments (both within the Town of Pomona Park and with intergovernmental agencies) or other privileges afforded by the Council. Serious infractions of the Code of Ethics or Code of Conduct could lead to other sanctions as deemed appropriate byt the Council as set forth in Individual Councilmembers should point out to the offending Councilmember perceived infractions oft the Code of Ethics and Conduct. Ift the offenses continue, then the matter should be referred to the Mayor during a public meeting, or Mayor Pro-Tem during aj public meeting. Ifthe Mayor is the individual whose actions are being questioned, then the matter should be referred to thel Mayor Pro-Tem. Itis the responsibility ofthel Mayor (or Mayor Pro-Tem) to initiate action ifa Councilmember's behavior may warrant sanction. Counseling, verbal reprimands and written warnings may be administered by the Town Clerk/Town Attorney to Board, Committee and Commission members failing to comply with policy. These lower levels ofs sanctions shall be kept private to the degree allowed by law. Copies ofall written reprimands administered by the Town Clerk/ Town Attorney shall be distributed in memo format to the chair oft the respective Board, Committee or Commission, The Town Council may impose sanctions on Board, Committee and Commission members whose conduct does not comply with the Town's policies, up to and including removal from office. Any form of discipline imposed by Council shall be determined by a majority vote of at least a quorum oft the Council at a noticed public meeting and such action shall be preceded When deemed warranted, the majority of Council may call for an investigation of Board, Committee or Commission member conduct. Also, should the Town Clerk or City Attorney believe an investigation is warranted, they shall confer with the Council. The Council shall ask the Town Clerk or the Town Attorney to investigate the allegation and report the findings.  subject to sanctions. (c) Behavior and Conduct  Councilmembers:  the Charter.  Board, Committee and Commission Members:  the Town Clerk, the Town Attorney, and the Town Council.  by a Report to Council with supporting documentation.  7    D. MPLEMENTATION  The Code of] Ethics and Conduct is intended to be self-enforcing and is an expression of the standards of conduct for members expected by the Town. It therefore becomes most effective For this reason, this document shall be included in the regular orientations for candidates for Town Council, applicants tol Board, Committee and Commissions, and newly elected and appointed officials. Members entering office shall sign a statement (example below) acknowledging they have read and understand the Code ofl Ethics and Conduct. In addition, the Code ofl Ethics and Conduct shall be periodically reviewed by the Town Council, Boards, Committees and Commissions, and  when members are thoroughly familiar with it and embrace its provisions.  updated as necessary.  Example:  Iaffirm that Ihave read and understand the Town of Pomona Park Code of Ethics and Conduct for Elected and. Appointed Officials and agree to comply with the Town of Pomona Park Code of Ethics and Conduct for Elected and. Appointed Officials.  Signature  Date