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Resolution 183-2010 RESOLUTION NO. 183-2010 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY. FLORIDA. ESTABLISmNG A PROCESS FOR THE COUNTY COMMISSIONERS TO EVALUATE THE PERFORMANCE OF THE COUNTY ADMINISTRATOR. WHEREAS, the contract between the BOCC and the County Administrator provides that the BOCC and Administrator shall periodically define goals, performance objectives, relative priorities, and time lines for proper operation of county government and achievement of the BOCC's policy objectives, which shall be memorialized by BOCC Resolution(s) which "become the basis for review and evaluation of the Administrator's work performance;" and WHEREAS, to date no such resolutions have been passed and the administrator generally obtains direction from the BOCC through consensus-taking but no formal vote, and by those formal actions of the BOCC memorialized in the minutes or in documents such as contracts; and WHEREAS, the Administrator's contract also provides that a "review and performance evaluation ()f the Administrator may be conducted as often as the BOCC may deem appropriate;" and WHEREAS, it is deemed to be in the best interests of the public for the BOCC to regularly e,'aluate the performance of the Administrator in order to reinforce good performance and to provide direction on those matters for which the BOCC deems improvement is needed, rather than to allow such time to elapse as exacerbates problems generated by malfeasance, misfeasanct~ or omission; now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY that: 1. A procc:~ss for evaluation of the performance of the County Administrator is hereby established. 2. The evaluation process shall be as follows: A) Any commissioner may commence the evaluation process by requesting at a County Commission meeting, regardless of whether the agenda has an item listed for that topic, that an evaluation of the Administrator's performance be conducted; B) Upon such request, the BOCC, by a simple majority of the commissioners present, providing that there is a quorum, may approve the conduct of such evaluation, or may set a future date for the BOCC to consider the setting of an evaluation as a posted item, directing staff to insure that the item is placed on the agenda. In either case, a simple majority of commissioners present, if there is a quorum, may set the date for the evaluation to be completed in a public meeting. (~) Upon the setting of a date for the public portion of an evaluation through the process above, the Commissioners shall each be supplied with an Evaluation Form, in substantially the form attached hereto, or such other form as the BOCC may have approved for this purpose. ])) Each Commissioner shall individually fill out an evaluation form for the Adrn.inistrator, which forms shall be public records, the custodian of which shall be the Clerk for the BOCC. lE) Each Commissioner may meet with the Administrator if he or she chooses prior to the County Commission meeting which has been designated by the BOCC for the public segment of the evaluation to be heard, but shall not be required to do so. IF) Each Commissioner shall provide a copy of his or her completed form to the Clerk's Internal Auditor for compilation of the contents of the 5 evaluations. (J) The compilation shall be included in an agenda item for the Commission to review with the Administrator the results of the evaluation, to take public input, and to determine what, if an, actions shall be taken to correct or improve the administrator's performance. II) The Commissioners shall discuss at a public meeting their findings or comments on the evaluations and the compilation, recommendations for changes, and direction for the development of a resolution that can be brought back to the BOCC at the next meeting to memorialize the conclusion of the evaluation. 3. This Resolution shall become effective upon the date of its adoption. PASSED AND ADOPTED, by the Board of County Commissioners of Monroe County, Florida at a regular meeting on said Board on the 16th day of June, A.D., 2010. Mayor Syl\ria Murphy Yes Mayor Pro Tern Heather Carruthers Yes Commissioner Mario DiGennaro Yes Commis~ioner George Neugent Yes Commission~rKim Wigington Yes 3: 0 ~ ..,., ~p~ ~ ~ ~~} -( Z N 6 w c;. ::;;, :::0 :-- 7:1 ~~2 -0 :::0 ~-..' -,._*~_ ~ :z rr1 BOARD OF COUNTY CO~ION!:R53 OF~O~;;~~~. F-1'R A ~ ~ By:~ Mayor Sylvia Murphy (SEAL) A'ITE~: DtJlU)Y~. Xo1\Jpge, QLE~' 11 ) By: ~(1L<ILX-l.:-4 Deputy Clerk PROCESS FOR BOCC EVALUATION OF COUNTY ADMINISTRATOR I. PRIi:LIMINARY INFORMATION: Section 21 ()f the County Administrator's contract provides: "21. PERF()RMANCE EVALUATION. The BOCC and Administrator shall periodically define goals, performance objectives, relative priorities, and time lines for performance which the BOCC and .Administrator mutually agree are minimally necessary for the proper operation of county govt~rnment and achievement of the BOCC's policy objectives. The mutual agreement shall be memorialized by a Resolution or Resolutions of the BOCC, and the Resolution or Resolutions shall become the basis for review and evaluation of the Administrator's work performanc1e. A review and performance evaluation of the Administrator may be conducted as often as the BOCC may deem appropriate.' Despite periodic discussion at commission meetings during the contract terms of both the prior and the current administrator to develop and conduct such review and performance evaluations, the process of reaching resolutions and conducting evaluations has never been established. II. RELEVANT BACKGROUND INFORMATION A. STATUTORY - The following are the State Statutes regarding the administrator's qualifications and duties. 125.73 County administrator; appointment, qualifications, compensation.-- (1) Each county to which this part applies shall appoint a county administrator, who shall be the adrrlinistrative head of the county and shall be responsible for the administration of all departrrlents of the county government which the board of county commissioners has authority t.:) control pursuant to this act, the general laws of Florida, or other applicable leg islation. (2) The c01unty administrator shall be qualified by administrative and executive experience and ability to serve as the chief administrator of the county. He or she shall be appointed by an affirmative vote of not less than three members of the board of county commissioners and may be removed at any time by an affirmative vote, upon notice, of not less than three members ()f the board, after a hearing if such be requested by the county administrator. The administrator need not be a resident of the county at the time of appointment, but during his or her tenure in office shall reside within the county. (3) The cc.mpensation of the administrator shall be fixed by the board of county commissioners unless otherwise provided by law. (4) The office of county administrator shall be deemed vacant if the incumbent moves his or her residence from the county or is, by death, illness, or other casualty, unable to continue in office. A vacancy in the office shall be filled in the same manner as the original appointment. The board of county commissioners may appoint an acting administrator in the case of vacancy or temporary absence or disability until a successor has been appointed and qualified or the administrator returns. 125.74 County administrator; powers and duties.-- (1) The administrator may be responsible for the administration of all departments responsible to the board of county commissioners and for the proper administration of all affairs under the jurisdiction of the board. To that end, the administrator may, by way of enumeration and not by way of limitation, have the following specific powers and duties to: (a) Administer and carry out the directives and policies of the board of county commissioners and enforce all orders, resolutions, ordinances, and regulations of the board to assure that they are faithfully executed. (b) Report to the board on action taken pursuant to any directive or policy within the time set by the board and provide an annual report to the board on the state of the county, the work of the previous year, and any recommendations as to actions or programs the administrator deems necessary for the improvement of the county and the welfare of its residents. (c) Provide the board, or individual members thereof, upon request, with data or information concerning county government and to provide advice and recommendations on county government operations to the board. (d) Prepare and submit to the board of county commissioners for its consideration and adoption an annual operating budget, a capital budget, and a capital program. (e) Establish the schedules and procedures to be followed by all county departments, offices, and agencies in connection with the budget and supervise and administer all phases of the budgetary process. (f) PreparE:! and submit to the board after the end of each fiscal year a complete report on the finances and administrative activities of the county for the preceding year and submit his or her recommendations. (g) Supen/ise the care and custody of all county property. (h) Recorr.mend to the board a current position classification and pay plan for all positions in county service. (i) Develop, install, and maintain centralized budgeting, personnel, legal, and purchasing procedures. (j) Organize the work of county departments, subject to an administrative code developed by the adn1inistrator and adopted by the board, and review the departments, administration, and operation of the county and make recommendations pertaining thereto for reorganization by the board. (k) Select, employ, and supervise all personnel and fill all vacancies, positions, or employment under the jurisdiction of the board. However, the employment of all department heads shall require confirmation by the board of county commissioners. (I) Suspend, discharge, or remove any employee under the jurisdiction of the board pursuant to procedures adopted by the board. (m) Negotiate leases, contracts, and other agreements, including consultant services, for the county, subject to approval of the board, and make recommendations concerning the nature and location of county improvements. (n) See that all terms and conditions in all leases, contracts, and agreements are performed and notify the board of any noted violation thereof. (0) Order, upon advising the board, any agency under the administrator's jurisdiction as specified in the administrative code to undertake any task for any other agency on a temporary basis if he or she deems it necessary for the proper and efficient administration of the county government to do so. (p) Attend all meetings of the board with authority to participate in the discussion of any matter. (q) Perforrn such other duties as may be required by the board of county commissioners. (2) It is the intent of the Legislature to grant to the county administrator only those powers and duties which are administrative or ministerial in nature and not to delegate any governmental power imbued in the board of county commissioners as the governing body of the county pursuant to s. l(e), Art. VIII of the State Constitution. To that end, the above specifically enumerated powers are to be construed as administrative in nature, and in any exercise of governmental power the administrator shall only be performing the duty of advising the board of county commissioners in its role as the policy-setting governing body of the county. B. COUNTY CODE Sec. 2-58. County administration law adopted. (a) The board of county commissioners hereby expressly adopts the county administration law as contained in F.S. ch. 125, pt. III (F.S. fi 125.70 et seq.). (b) In case of a construction project or professional services that are the subject of previously executed contracts, the county administrator is authorized without necessity of approval by the board of county commissioners: (1) To approve, sign and execute change orders with each change order not to exceed $25,000.00 or five percent of the original contract price, whichever is greater. Such change orders are noncumulative: in other words, each change order may be in the amounts described and need not be added together for the purposes of reaching a maximum per project or per service change order cost ceiling of $25,000.00 or five percent of the original contract price. However, before the county administrator may execute a change order authorized by this subsection, he must notify the members of the board of county commissioners, at least 24 hours in advance, of his intention to execute the change order. The county administrator must provide a report at each monthly board of county commissioners meeting listing the change orders approved by him during the prior month and the reasons for those change orders; and (2) To extend a project1s substantial completion date and to waive up to $25,000.00 of liquidated damages. (c) The county administrator is authorized to execute airport sign leases, and to sign and execute contracts providing for services to be rendered by county personnel at Bayshore Manor. (d) The county administrator is authorized to approve and sign reimbursement requests for moving expenses of newly employed department heads, division directors, or other key personnel as designated by the administrator, who reside outside of the county at the time of hire. The amount paid may not exceed $5,000.00. (e) The county administrator may execute agreements on behalf of the board, provided that funds have been set aside by the board specifically for that agreement or type of agreement, and may authorize moving or travel expense reimbursements, as follows: (1) Agreements for purchase, rental, or lease purchase of equipment of a type and function designated by the board, at a price not exceeding the amount budgeted by the board, and for an amount within the administrator's purchasing limits under the county's procurement policy; (2) Agreements to publish advertisements for bids, RFPs (requests for proposals) or RFQs (requests for qualifications) when the item or service for which the bid, RFP, or RFQ being sought has been budgeted for by the board; and (3) Reimbursement of Travel expenses of division director and department head interviewees. In such cases, the board hereby determines that none of its discretionary authority is being exercised by the county administrator; rather, the execution of such agreements is in conformity with fiscal decisions already made by the board. Agreements and reimbursements heretofore made by the administrator and that meet the criteria set forth in this section, as hereby ratified. C. CONTRACT Currently in section 3 of the Administrator's contract are the following: 3. DUTIES OF ADMINISTRATOR. A. ~A.dministrator will perform the duties of County Administrator as provided for in Sections 125.70 thro1ugh 125.74, Florida Statutes, known as the "County Administration Law of 1974"; all duties required by other applicable provisions of Florida law; all duties required by the Monroe County COtde and lawfully adopted Resolutions of the BOCC; and all duties as may be set forth in administrative and personnel policies and procedures adopted by use by the County. B. 4A.dditionally, Administrator shall perform those duties, functions, and assignments which may from time to time be directed by the BOCC. c. Duties shall be performed in a professional, respectful, and timely manner and in accordance with the highest standards of ethical behavior established by the Code of Ethics of the International City/County Manager Association and with Part III, Chapter 112, Florida Statutes, eILtitled Code of Ethics for Public Officers and Employees. D. Administrator understands and agrees his duties under this Agreement will require him to routinely work varied hours in excess of the normal County workday, and the hours worked shall be consistent with the needs of the position. Administrator shall not receive overtime ctDmpensation for hours worked in excess of forty (40) per week, including work done pre- or post- disaster, including but not limited to hurricanes. E. Nothing in this Agreement or in the BOCC's policies, rules, and procedures will limit the Administrator's right to make passive financial investments; to participate in charitable service or work with charitable organizations and other community activities, including trade and professional organizations; or to undertake other activities which do not interfere with the performance of the Administrator's duties under this Agreement, it being mutually agreed that the Administrator's participation in such activities is of such benefit to the BOCC and the County. F. l~he Administrator will be reasonably available to BOCC members and key County staff twent:y- four (24) hours per day. Such availability will be by telephone or electronic messaging, or in person. G. Due to the nature of the Administrator's duties and the requirements of the position, interference: with the Administrator's private life is to be expected and it is recognized that Administrator may from to time absent himself during normal business hours for personal reasons; however, Administrator shall remain reasonably available to Board members and key Board staff by telephone or other electronic means. III. EVi\LUATION CONSIDERATIONS 1. KNOWLEDGE - GENERAL: does the administrator display a solid understanding of general priIlciples of administration - budgeting and fiscal responsibility, personnel managemellt, accountability, procurement processes, etc.? 2. KNOWLEDGE - COMMUNITY SPECIFIC: does the administrator display sound knowledge of local issues? 3. KNOWLEDGE - COUNTY PROCESS: does the administrator display sound knowledge of Monroe County processes and set aside any predisposition to operate under the practices of other government entities where the administrator may have previously worked? Monroe C()~unty does not have a charter which provides authority for taxes, service fees, or particular methods of operations that are not authorized by state statute for non-charter counties, and may be~ subject to different requirements and authority than charter counties, municipalities and indepe:ndent special districts. 4. KNOWLEDGE - APPLICATION: (a) Analysis - Is the administrator able to analyze complex problems and make feasible suggestions for solutions (and does he/she do so)? (b) Planning - Does he/she anticipate future needs, organize work operations, and set timetables to meet the community needs? (c) Eq"uitable Treatment - Does the administrator ensure that policies of the BOCC, and applicable regulations (whether local, state, or federal) are applied evenly and equitably without favoritism? 5. ISSUE RECOGNITION: is the administrator able to spot or recognize administrative problems b(~fore they are pointed out to him/her? 6. KIt:EPING INFORMED: does the administrator keep up with trends and changes in administrative practices? 7. PROFESSIONAL & CIVIC RESPONSIBILITY: does the administrator participate in professional and civic activities that benefit the community and reflect well upon the administration and the County? 8. DI:CISION-MAKING: a) Does thf~ administrator consult with the BOCC or the County Attorney prior to committing the County to important courses of action, yet have the gumption to act decisively and without such consultation when circumstances warrant it? b) Does th(~ administrator demonstrate the discernment to know when to act and when to consult? c) Does th(~ administrator provide to staff a clear statement of goals and expectations on actions to be taken and provide an opportunity for the person directed to perform the task/program/etc. to seek clarification of what is actually expected? d) Do thosle answers and direction comply with County policy/ordinance and statutory constraints on the County? 9. HONESTY: does the administrator always conduct himself or herself with candor? 10. COMMITMENT: is the administrator willing to sacrifice personal convenience, within reasonable limits according to the situation, when necessary to protect the County's interests? 11. PROFESSIONAL RESPONSIBILITY - CONFIDENTIALITY: does the administrator maintain those confidences of the client made during Closed Sessions? 12. PROFESSIONAL RESPONSIBILITY. CIRCUMSPECTION: is the administrat()r cautious in discussing County business with others, including the press (bearing in mind that nc) one is required by law or office policy to discuss issues with the press)? 13. PROFESSIONAL RESPONSIBILITY. DILIGENCE: does the administrator's work-product reflect: well-reasoned and thoroughly researched analysis of the issue; ascertainme~nt of necessary facts and information needed to formulate an opinion or recommendation; and, does he/she inform the BOCC of all ramifications of the problem and the different co'urses of action available? 14. PROFESSIONAL RESPONSIBILITY · COOPERATION: does the administrator manifest a willingness to work with other people for the best interest of the client, including willingness to share information, know-how, and discernment as to the extent to which the County's interests can or should be compromised to attain a benefit to the entirety of the County, including iIlcorporated areas? 15. PROFESSIONAL RESPONSIBILITY · EMPLOYEE RELATIONS: does the administrator treat other CAD employees with courtesy and respect? Does the administrator avoid sexual and/or ethnic jokes and innuendoes? 16. PROFESSIONAL RESPONSIBILITY · RELATIONSHIPS: does the administrator maintain good relationships with those outside the County Administrator's Office (administrative personnel of municipalities and special districts, County personnel, the general public, and the media)? 17. PROFESSIONAL RESPONSIBILITY - TIMELINESS: does the administrator meet deadlines for completion of work? Is the administrator punctual for attendance at hearings, meetings etc.? 18. PROFESSIONAL RESPONSIBILITY - OBSERVANCE OF POLICIES: (a) Does tIle administrator know and follow office and County policies and encourage others to do the samle? (b) In the e~vent the administrator determines to act contrary to policy, does he/she act first and ask for indulgence later, or does he/she bring forward to the BOCC recommendations for change before acting? ( c) Does tlle administrator address matters in the normal course of business or entertain special interests arid direct staff to do things to accommodate people who are trying to go outside the County processes to accomplish their goals? 19. CClMMUNICATION - TO COUNTY ATTORNEY: Does the administrator keep the County .Attorney informed of significant, controversial or sensitive matters that come to his/her atteIltion? 20. COMMUNICATION - TO CLIENT: does the administrator keep the BOCC and affected division directors or staff well informed about on-going matters or new issues or developmeIlts? 21. COMMUNICATION - TO FILE: does the administrator memorialize facts, authorities, arguments, and other pertinent information so that his/her files are up to date and can be used by 4)thers in his/her absence? 22. COMMUNICATION - RESPONSIVENESS: does the administrator give prompt answers that are responsive to the client's questions? Do those answers encompass comprehensive information on the subject or are they a mere yes or no to the question? (Example: If asked if there is money in the budget to do a project and there is money which can be diverted from another project, which would have to be postponed, and re-directed to the project in q"uestion, the answer should not be yes; it should be, yes, if we postpone project X & re-direct th(~ appropriation for that to the project in question.) 23. COMMUNICATION - CLARITY: does the administrator communicate in a clear, concise and understandable manner? 24. C'OMMUNICATION - WRITTEN: does the administrator's written work-product display pro:per grammar, punctuation and syntax? Is the appearance of the final product neat and professional? 25. PERSONAL ATTRIBUTES - COURAGE: does the administrator display fortitude, when necessary, to maintain a position that is unpopular but which he/she is of the opinion is right? 26. P:ERSONAL ATTRIBUTES - COMMON SENSE: (a) does tIle administrator exercise common sense in dealing with staff and their issues? (b) with th.e general public and their issues? 27. PERSONAL ATTRIBUTES - ADAPTABILITY: does the administrator display the ability and willingness to cover for others when the need arises? To learn new areas of administration when the need arises? 28. PERSONAL ATTRIBUTES - APPEARANCE: does the administrator maintain professional standards in his/her appearance (i.e., clothing, grooming, etc.) on the job? 29. P}:RSONAL ATTRIBUTES - CONDUCT: does the administrator maintain a professional demeanor on the job and in the community? 30. P}:RSONAL ATTRIBUTES - OFFICE ENVIRONMENT: does the administrator manifest due concern for the appearance of the office, including but not limited to, his/her own office? 31. LEADERSHIP - MEETINGS: (a) In-house: does the administrator exercise appropriate discretion and control in setting, attending, a.nd controlling the course and length of meetings? Or are meetings disrupted by extensive banter and irrelevant matters, personal phone calls, teleconferencing technical problems? (b) External: does the administrator work well with elected officials and community leaders to achieve cornmon goals and objectives for the community? Is his role one of consensus-building or does it iIlclude contributing to the technological or operational effectiveness of the programs to achieve those goals and objectives? 32. L~EADERSHIP - DELEGATION: does the administrator exercise appropriate discretion in delegating work to support staff and others? This deals with the appropriateness of delegating the work at all as well as the person to whom it may be delegated. 33. LEADERSHIP - MORALE: does the administrator motivate staff to maintain high performan(;e standards? Does the administrator seek to elevate morale in the office? Through- out the COl1nty offices? 34. LEADERSHIP - RESPONSIBILITY: does the administrator take charge and assume responsibility for decisions that need to be made in the absence of higher ranking persons? 34. LEADERSmp - EVALUATIONS: does the administrator conduct effective and accurate evaluations for those personnel under his/her authority? 35. LEADERSmp - COMMUNITY RESPONSIVENESS: does the administrator have and exercist~ a strategy for representing and engaging every segment of the community in a manner in k.eeping with the policies set by the BOCC? 36. OVERALL PERFORMANCE: Does the administrator manage the day-to-day operations of the County responsibly, and in keeping with the policies set by the BOCC? - ICMA Code Of Ethics With Guidelines The ICMA Code of Ethics was adopted by the ICMA membership in 1924, and most recently amended by the membership in May 1998. The Guidelines for the Code were adopted by the ICMA Executive Board in 1972, and most recently revised in July 2004. The mission of ICMA is to create excellence in local governance by developing and fostering professional local government management worldwide. To further this mission, certain principles, as enforced by the Rules of Procedure, shall govern the conduct of every member of ICMA, who shall: 1. Be dedicated to the concepts of effective and democratic local government by responsible elected officials and believe that professional general management is essential to the achievement of this objective. 2. Affirm the dignity and worth of the services rendered by government and maintain a constructive, creative, and practical attitude toward local government affairs and a deep sense of social responsibility as a trusted public servant. Guideline Advice to Officials of Other Local Governments. When members advise and respond to inquiries from elected or appointed officials of other local governments, they should inform the administrators of those communities. 3. Be dedicated to the highest ideals of honor and integrity in all public and personal relationships in order that the member may merit the respect and confidence of the elected officials, of other officials and employees, and of the public. Guidelines Public Confidence. Members should conduct themselves so as to maintain public confidence in their profession, their local government, and in their performance' of the public trust. Impression of Influence. Members should conduct their official and personal affairs in such a manner as to give the clear impression that they cannot be improperly iinfluenced in the performance of their official duties. Appointment Commitment. Members who accept an appointrnent to a position should not fail to report for that position. This does not preclude the possibility of a member considering several offers or seeking several positions at the same time, but once a bona fide offer of a position has been accepted, that commitment: should be honored. Oral acceptance of an employment offer is considered binding unless the employer rnakes fundamental changes in terms of employment. Credentials. An application for employment or for ICMA's Voluntary Credentialing Program should be complete and accurate as to all pertinent details of education, experience, and personal history. Members should recognize that both omissions and inaccuracies must be avoided. Professional Respect. Members seeking a management position should show professional respect for persons formerly holding the position or for others who might be applying for the same position. Professional respect does not preclude honest differences of opinion; it does preclude attacking a person's motives or integrity in order to be appointed to a position. Reporting Ethics Violations. When becoming aware of a possible violation of the ICMA Code of Ethics, members are encouraged to report the matter to ICMA. In reporting the matter, members may choose to go on record as the complainant or report the matter on a confidential basis. Confidentiality. Members should not discuss or divulge information with anyone about pending or completed ethics cases, except as specifically authorized by the Rules of Procedure for Enforcement of the Code of Ethics. Seeking Employment. Members should not seek employment for a position having an incumbent administrator who has not resigned or been officially informed that his or her services are to be terminated. 4. Recognize that the chief function of local government at all times is to serve the best interests of all of the people. Guideline Length of Service. A minimum of two years generally is considered necessary in order to render a professional service to the local government. A short tenure should be the exception rather than a recurring experience. However, under special circumstances, it may be in the best interests of the local government and the member to separate in a shorter time. Examples of such circumstances would include refusal of the appointing authority to honor commitments concerning conditions of employment, a vote of no confidence in the member, or severe personal problems. It is the responsibility of an applicant for a position to ascertain conditions of employment. Inadequately determining terms of employment prior to arrival does not justify premature termination. 5. Submit policy proposals to elected officials; provide them with facts and advice on matters of policy as a basis for making decisions and setting community goals; and uphold and implement local government policies adopted by elected officials. Guideline Conflicting Roles. Members who serve multiple roles--working as both city attorney and city manager for the same community, for example--should avoid participating in matters that create the appearance of a conflict of interest. They should disclose the potential conflict to the governing body so that other opinions may be solicited. 6. Recogni2:e that elected representatives of the people are entitled to the credit for the establishment of local government policies; responsibility for policy execution rests with the members. 7. Refrain from all political activities which undermine public confidence in professional administrators. Refrain from participation in the election of the members ()f the employing legislative body. Guidelines Elections of the Goveming Body. Members should maintain a reputation for serving equally and impartially alii members of the governing body of the local government they serve, regardless of party. To this end, the'y should not engage in active participation in the electi()n campaign on behalf of or in opposition to candidate:s for the governing body. Elections of Elected Executives. Members should not engage in the election campaign of any candidate for mayor or elected county executive. Running for Office. Members shall not run for elected office or become involved in political activities related to running for elected office. They shall not :seek political endorsements, financial contributions or engage in other campaign activities. Elections. Members share with their fellow citizens the right and responsibility to vote and to voice their opinion on public issues. However, in order not to impair their effectiveness on behalf of the local governments they serve, they shall not participate in political ac:tivities to support the candidacy of individuals running for any city, county, special district, school, state or federal offices. Specifically, they shall not endorse candidates, make financial contributions, sign or circulate petitions, or participate in fund-raising activities for individuals seeking or holding elected office. Elections in the Council-Manager Plan. Members may assist in preparing and presenting materials that explain the council-manager form of government to the public prior to an election on the use of the plan. If assistance is required by another community, members may respond. All activities regarding ballot issues should be conducted within local regulations and in a professional manner. Presentation of Issues. Members may assist the governing body in presenting issues involved in referenda such as bond issues, annexations, and similar matters. 8. Make it a duty continually to improve the member's professional ability and to develop the competence of associates in the use of management techniques. Guidelines Self-Assessment. Each member should assess his or her professional skills and abilities on a periodic basis. Professional Development. Each member should commit at least 40 hours per year to professional development activities that are based on the practices identified by the members of leMA. 9. Keep the community informed on local government affairs; encourage communication between the citizens and all local government officers; emphasize friendly and courteous service to the public; and seek to improve the quality and image of public service. 10.Resist any encroachment on professional responsibilities, believing the member should be free to carry out official policies without interference, and handle each problem without discrimination on the basis of principle and justice. Guideline Information Sharing. The member should openly share information with the governing body while diligently carrying out the member's responsibilities as set forth in the charter or enabling legislation. 11. Handle all matters of personnel on the basis of merit so that fairness and impartiality govern a member's decisions, pertaining to appointments, pay adjustments, promotions, and discipline. Guideline Equal Opportunity. All decisions pertaining to appointments, pay adjustments, promotions, and discipline should prohibit discrimination because of race, color, religion, sex, national origin, sexual orientation, political affiliation, disability, age, or marital status. It should be the membersl personal and professional responsibility to actively recruit and hire a diverse staff throughout their organizations. 12. Seek no favor; believe that personal aggrandizement or profit secured by confidential information or by misuse of public time is dishonest. Guidelines Gifts. Members should not directly or indirectly solicit any gift or accept or receive any gift--whether it be money, services, loan, travel, entertainment, hospitality, promise, or any other form--under the following circumstances: (1) it could be reasonably inferred or expected that the gift was intended to influence them in the performance of their official duties; or (2) the gift was intended to serve as a reward for any official action on their part. It is important that the prohibition of unsolicited gifts be limited to circumstances related to improper influence. In de minimus situations, such as meal checks, some modest maximum dollar value should be determined by the member as a guideline. The guideline is not intended to isolate members from normal social practices where gifts among friends, associates, and relatives are appropriate for certain occasions. Investments in Conflict with Official Duties. Member should not invest or hold any investment, directly or indirectly, in any financial business, commercial, or other private transaction that creates a conflict with their official duties. In the case of real estate, the potential use of confidential information and knowledge to further a member1s personal interest requires special consideration. This guideline recognizes that membersl official actions and decisions can be influenced if there is a conflict with personal investments. Purchases and sales which might be interpreted as speculation for quick profit ought to be avoided (see the guideline on "Confidential Information ") . Because personal investments may prejudice or may appear to influence official actions and decisions, members rnay, in concert with their governing body, provide for disclosure of such investments prior to accepting their position as local government administrator or prior to any official action by the governing body that may affect such investments. Personal Relationships. Member should disclose any personal relationship to the governing body in any instance where there could be the appearance of a conflict of interest. For example, if the manager1s spouse works for a developer doing business with the local government, that fact should be disclosed. Confidential Information. Members should not disclose to others, or use to further their personal interest, confidential information acquired by them in the course of their official duties. Private Employment. Members should not engage in, solicit, negotiate for, or promise to accept private employment, nor should they render services for private interests or conduct a private business when such employment, service, or business creates a conflict with or impairs the proper discharge of their official duties. Teaching, lecturing, writing, or consulting are typical activities that may not involve conflict of interest, or impair the proper discharge of their official duties. Prior notification of the appointing authority is appropriate in all cases of outside employment. Representation. Members should not represent any outside interest before any agency, whether public or private, except with the authorization of or at the direction of the appointing authority they serve. Endorsements. Members should not endorse commercial products or services by agreeing to use their photograph, endorsement, or quotation in paid or other commercial advertisements, whether or not for compensation. Members may, however, agree to endorse the following, provided they do not receive any compensation: (1) books or other publications; (2) professional development or educational services provided by nonprofit membership organizations or recognized educational institutions; (3) products and/or services in which the local government has a direct economic interest. Membersl observations, opinions, and analyses of commercial products used or tested by their local governments are appropriate and useful to the profession when included as part of professional articles and reports.