[HISTORY: Adopted by the Commissioners of
the Town of Princess Anne as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-11-2006 by Ord. No. 2006-7]
A.
The officials designated herein shall receive the
annual salaries indicated hereafter:
Title
|
Salary
| |
---|---|---|
President
|
$7,500
| |
Commissioner
|
$6,000
|
B.
The President and each Commissioner shall be entitled
to receive such benefits as are afforded Town employees with the exception
of leave and vacation allowances.
C.
The salary of the President shall become effective
on the second Tuesday in June 2008. The salary of each Commissioner
shall become effective on the second Tuesday in June 2008.
All salaries shall be paid in equal semimonthly
installments unless provision is made to the contrary by the Town
Commissioners. Deductions as provided by law shall be made wherever
applicable.
[Adopted 9-8-2015 by Ord.
No. 2016-04]
A.
Purpose.
(1)
The Code of Conduct is designed to describe the manner
in which Commissioners should treat one another, Town staff, constituents,
and others they come into contact with in representing the Town of
Princess Anne.
(2)
The constant and consistent theme through all of the Conduct
Guidelines is "respect." Commissioners experience huge workloads
and tremendous stress in making decisions that could impact hundreds
of lives. Despite these pressures, elected officials are called upon
to exhibit appropriate behavior at all times. Demonstrating respect
for each individual through words and actions is the touchstone that
can help guide Commissioners to do the right thing in even the most
difficult situations.
B.
Rules of procedure. Resources that are helpful in defining
the roles and responsibilities of elected officials can be found in
the Princess Anne Town Charter, Code, and Commissioner Rules of Procedure.
C.
Elected officials' roles.
(1)
President:
(a)
Acts as the official head of the Town for all ceremonial
purposes.
(b)
Chairs Commissioner meetings and sets agenda, based
on recommendations from Commissioners.
(c)
Calls for special meetings.
(d)
Recommends committees as appropriate for Commissioner
approval.
(e)
Recognized as spokesperson for the Town.
(f)
Signs documents on behalf of the Town.
(g)
Makes proclamations.
(h)
Strives to lead the Commissioners into an effective,
cohesive working team.
(3)
All Commissioners. All Town Commissioners have equal votes.
No Commissioner has more power than any other Commissioner, and all
should be treated with equal respect. All Commissioners should strive
to:
(a)
Fully participate in Town Commissioner meetings and
other public forums while demonstrating respect, kindness, consideration,
and courtesy to others.
(b)
Prepare in advance of Commissioner meetings and be
familiar with issues on the agenda.
(c)
Represent the Town at ceremonial functions at the
request of the President.
(d)
Place activities and events on the Commissioner's
weekly activities calendar that invite official participation of all
Commissioners.
(e)
Be respectful of other people's time. Stay focused
and act efficiently during public meetings.
(f)
Serve as a model of leadership and civility to the
community.
(g)
Inspire public confidence in the Princess Anne government.
(h)
Provide contact information with the Commissioners
in case an emergency or urgent situation arises while the Commissioner
is out of town.
(i)
Demonstrate honesty and integrity in every action
and statement.
(j)
Participate in scheduled activities to increase team
effectiveness and review Commissioner procedures, such as this Code
of Conduct.
D.
Policies and protocol.
(1)
Ceremonial events. The President will serve as the designated
Town representative at ceremonial events. If the President is unavailable,
then the Vice President shall serve as a substitute. Invitations received
at Town Hall are presumed to be for official Town representation.
Invitations addressed to Commission members at their homes are presumed
to be for unofficial, personal consideration.
(2)
Correspondence signatures. Commissioners do not need to
acknowledge the receipt of correspondence, or copies of correspondence,
during Commissioner meetings. Town staff will prepare official letters
in response to public inquiries and concerns. These letters will carry
the signature of the President or Vice President or a member of the
Town staff sign them.
(3)
Endorsement of candidates. Commissioners have the right
to support candidates for any office. It is inappropriate to endorse
a candidate by using an official Town title.
(4)
Public meetings. Commissioners will not express opinions
during the public hearing portion of the meeting except to ask pertinent
questions of the speaker or staff. "I think" and "I feel" comments
by Commissioners are not appropriate until after the close of the
public meeting. Commissioners should refrain from debating with the
public during a public hearing and shall always show respect for different
points of view.
(5)
Town meetings. Main motions may be followed by amendments,
followed by substitute motions. Any Commissioners can call for a point
of order. Only Commissioners who voted on the prevailing side may
make motions to reconsider.
E.
Commissioners' conduct with other Commissioners.
(1)
Commissioners are composed of individuals with a wide
variety of backgrounds, personalities, values, opinions, and goals.
Despite this diversity, all have chosen to serve in 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
as Commissioners may "agree to disagree" on contentious issues.
(2)
In public meetings:
(a)
Use formal titles. The Commissioners should refer
to one another formally during public meetings as President or Commissioners
followed by the individual's last name.
(b)
Practice civility and decorum in discussions and
debate. Difficult questions, tough challenges to a particular point
of view, and criticism of ideas and information are legitimate elements
of a free democracy in action. This does not allow, however, Commissioners
to make belligerent, personal, impertinent, slanderous, threatening,
abusive, or disparaging comments. No shouting or physical actions
that could be construed as threatening will be tolerated.
(c)
Honor the role of the Chair in maintaining order.
It is the responsibility of the Chair to keep the comments of Commissioners
on track during public meetings. Commissioners should honor efforts
by the Chair to focus discussion on current agenda items. If there
is disagreement about the agenda or the Chair's actions, those
objections should be voiced politely and with reason, following procedures
outlined in Town Rules of Procedure.
(d)
Avoid personal comments that could offend other Commissioners.
If a Commissioner is personally offended by the remarks of another
Commissioner, the offended Commissioner should make notes of the actual
words used and call for a "point of personal privilege" that challenges
the other Commissioner to justify or apologize for the language used.
The Chair will maintain control of this discussion.
(e)
Strive to demonstrate effective problem-solving approaches.
Commissioners have a public stage to show how individuals with disparate
points of view can find common ground and seek a compromise that benefits
the community as a whole.
(3)
In private encounters:
(a)
Policy making. No binding policy decisions shall
be made outside of a public meeting.
(b)
Be aware of the insecurity of written notes, voicemail
messages, and e-mail. Technology allows words written or said without
much forethought to be distributed wide and far. Written notes, voicemail
messages and e-mail should be treated as potentially "public" communication.
Commissioners should be mindful of all recipients.
(c)
Even private conversations can have a public presence.
Elected officials are always on display. People around them, that
they may not know, will monitor their actions, mannerisms, and language.
Lunch table conversations will be eavesdropped upon, parking lot debates
will be watched, and casual comments between individuals before and
after public meetings noted.
(d)
Guiding principles for Commissioners' collaboration
on legislation. Collaboration between two Commissioners to develop
proposed legislation, policy or ideas is acceptable. Bear in mind,
three members constitutes a quorum. It must be understood that no
binding decisions can be made and that the proposal shall come before
the whole Commissioners
for consideration in full, open discussion at a public meeting. Commissioner's
records on the subject could be subject to a public information request
and may possibly be discoverable in litigation.
F.
Commissioners' conduct with Town staff. Governance of a
Town relies on the cooperative efforts of elected officials, who set
policy and adopt legislation, and Town staff, who implement and administer
the policies and legislation. Therefore, every effort should be made
to be cooperative and show mutual respect for the contributions made
by each staff member for the good of the community.
(1)
Treat all staff as professionals. Clear, honest communication
that respects the abilities, experience, and dignity of each individual
is expected. Poor behavior towards staff is not acceptable.
(2)
Limit contact to specific Town staff. Questions of Town
staff and/or requests for additional background information should
be directed to the proper Department Head, the Town Manager or the
President/Vice President. Each should be copied on appropriate questions,
comments, or requests. Requests for follow-up or directions to staff
should be made only through the appropriate chain of command. When
in doubt about what staff contact is appropriate, Commissioners should
ask the President/Vice President or the Town Manager for direction.
Materials supplied to a Commissioner in response to a request will
be made available to all members of the Commissioners so that all
have equal access to information.
(3)
Do not disrupt Town staff from their jobs. Commissioners
should not disrupt Town staff while they are in meetings, on the phone,
or engrossed in performing their job functions in order to have their
individual needs met.
(4)
Never publicly criticize an individual employee. Commissioners
should never express concerns about the performance of a Town employee
in public, to the employee directly, or to the employee's manager.
Comments about staff performance should only be made to the Department
Head through private correspondence or conversation.
(5)
Do not engage in administrative functions.
(a)
Commissioners should not interfere with staff administrative
functions.
(b)
Commissioners must not attempt to influence Town
staff on the making of appointments, awarding of contracts, selecting
of consultants, processing of development applications, or granting
of Town licenses and permits or code enforcement.
(6)
Check with Town staff on correspondence before taking
action. Before sending correspondence, Commissioners should check
with Town staff to see if an official Town response has already been
sent or is in progress. The Town Manager should see that previous
official correspondence is kept in a binder that is always accessible
to all Commissioners.
(7)
Do not attend meetings with Town staff unless requested
by staff. Even if the Commissioner does not say anything, the Commissioner's
presence implies support, shows partiality, intimidates staff, and
hampers staff's ability to do their job objectively.
(8)
Limit requests for staff support. Routine support will
be provided by the Town Manager to all Commissioners.
(9)
Do not solicit political support from staff. Commissioners
should not solicit any type of political support (financial contributions,
display of posters or lawn signs, name on support list, etc.) from
Town staff. Town staff may, as private citizens with constitutional
rights, support political candidates but all such activities must
be away from the workplace.
G.
Commissioners' conduct with the public.
(1)
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 of individual
Commissioners 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 fair and equitable in allocating public meeting
time to individual speakers. The Chair will determine and announce
limits on speakers at the start of the public meeting process.
(b)
Give the appearance of active listening.
(c)
Ask for clarification, but avoid debate and argument
with the public.
[1]
Only the Chair, not individual Commissioners, can
interrupt a speaker during a presentation. However, a Commissioner
can ask the Chair for a point of order or point of information if
the speaker is off the topic or exhibiting behavior or language the
Commissioner finds disturbing or would like further information from
the speaker.
[2]
If speakers become flustered or defensive by Commissioners'
questions, it is the responsibility of the Chair to calm and focus
the speaker and to maintain the order and decorum of the meeting.
Questions by Commissioners to members of the public testifying should
seek to clarify or expand information. It is never appropriate to
belligerently challenge or belittle the speaker. Commissioners'
personal opinions or inclinations about upcoming votes should not
be revealed until after the public hearing is closed.
(d)
No personal attacks of any kind, under any circumstance.
Commissioners should be aware that their body language and tone of
voice, as well as the words they use, could appear to be intimidating
or aggressive.
(2)
In unofficial settings.
(a)
Make no promises on behalf of the Commissioners.
Commissioners will frequently be asked to explain the Commissioners'
action or to give their opinion about an issue as they meet and talk
with constituents in the community. It is appropriate to give a brief
overview of Town policy and to refer to Town staff for further information.
It is inappropriate to overtly or implicitly promise Commissioners
action, or to promise Town staff will do something specific.
(b)
Make no personal comments about other Commissioners.
It is acceptable to publicly disagree about an issue, but it is unacceptable
to make derogatory comments about other Commissioners, their opinions
and actions.
(c)
Remember that Princess Anne is a small town. The
community is constantly observing Commissioners every day that they
serve in office. Their behaviors and comments serve as models for
proper deportment in the Town of Princess Anne. Honesty and respect
for the dignity of each individual should be reflected in every word
and action taken by Commissioners, 24 hours a day, seven days a week.
H.
Commissioners' conduct with other public agencies.
(1)
Be clear about representing the Town or personal interests.
(a)
If a Commissioner appears before another governmental
agency or organization to give a statement on an issue, the Commissioner
must clearly state if his or her statement reflects personal opinion
or is the official stance of the Town.
(b)
If the Commissioner is representing the Town, the
Commissioner must support and advocate the official Town position
on an issue, not a personal viewpoint.
(c)
If the Commissioner is representing another organization
whose position is different from the Town, the Commissioner should
withdraw from voting on the issue if it significantly impacts or is
detrimental to the Town's interest. Commissioners should be clear
about which organizations they represent and inform the Commissioners
of their involvement.
(2)
Correspondence should be equally clear about representation.
Town letterhead is not be used for correspondence of Commissioners
representing a personal point of view, or a dissenting point of view
from an official Commissioners position.
I.
Commissioners' conduct with boards, clubs, committees
and commissions and organizations.
(1)
The Town has established several boards, committees, and
commissions as a means of gathering more community input and decision-making
members who serve on these bodies become more involved in government
and serve as advisors to the Town Commissioners. They are a valuable
resource to the Town's leadership and should be treated with
appreciation and respect.
(a)
If attending a board, committee or commission meeting,
be careful to only express personal opinions. Commissioners 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 if it is on behalf of an individual,
business or developer, could be viewed as unfairly affecting the process.
Any public comments by a Commissioner at a Board, Committee or Commission
meeting should be clearly made as individual opinion and not a representation
of the view of the Town Commissioners.
(b)
Limit contact with board, committee and commission
members to questions of clarification. It is inappropriate for a Commissioner
to contact a Board, Committee or Commission member to lobby on behalf
of an individual, business, or developer. It is acceptable for Commissioners
to contact Board, Committee or Commission members in order to clarify
a position taken by the Board, Committee or Commission.
(c)
Remember that boards, committees and commissions
serve the community, not individual Commissioners. The Commissioners
appoint individuals to serve on Boards, Committees and Commissions,
etc., and it is the responsibility of Boards, Committees and Commissions
to follow policy established by the Commissioners. But Board, Committee
and Commission members do not report to individual Commissioners,
nor should Commissioners feel they have the power or right to threaten
Board, Committee and Commission members with removal if they disagree
about an issue. Appointment and reappointment 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 "reward."
(d)
Be respectful of diverse opinions. A primary role
of Boards, Committees and Commissions is to represent many points
of view in the community and to provide the Commissioners with advice
based on a full spectrum of concerns and perspectives. Commissioners
may have a closer working relationship with some individuals serving
on Boards, Committees and Commissions, but must be fair and respectful
of all citizens 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
Commissioner, but not in a public forum while conducting official
duties. Conversely, Commissioners may support Board, Committee and
Commission members who are running for office, but not in an official
forum in their capacity as Commissioners.
J.
Commissioners' conduct with the media.
(1)
Commissioners are frequently contacted by the media for
background and quotes.
(2)
The best advice for dealing with the media is to never
go "off the record."
(3)
Words that are not said cannot be quoted.
(4)
The President is the official spokesperson for the representative
on Town position.
(5)
The President is the designated representative of the
Commissioners to present and speak on the official Town position.
If the media contacts an individual Commissioner, the Commissioners
should be clear about whether their comments represent the official
Town position or a personal viewpoint.
(6)
Choose words carefully and cautiously.
(7)
Comments taken out of context can cause problems. Be especially
cautious about humor, sardonic asides, sarcasm, or word play. It is
never appropriate to use personal slurs or swear words when talking
with the media.
K.
Sanctions. Although the Commissioners should seldom have
occasion to discipline its members, the Commissioners have the right
to make and enforce its own rules and to require that Commissioners,
Town staff, and the public refrain from conduct injurious to the accomplishment
of Commissioners' business. Town Commissioners who intentionally and
repeatedly do not follow proper conduct may be reprimanded or formally
censured by the Commissioners. Serious infractions of the Code of
Conduct could lead to other sanctions as deemed appropriate by the
Commissioners.
(1)
Commissioners' behavior and conduct in public meetings.
All those present at the Commissioners' meetings have an obligation
to obey the legitimate orders of Robert's Rules of Order, the Charter,
and Commissioners Rules, as well as the authority of the presiding
officer of the meeting. It is the responsibility of the meeting Chair
to initiate action if a Commissioner's behavior may warrant sanction.
If the Chair takes no action, the alleged violation(s) can be brought
up with the full Commissioners at a public meeting, including a Town
meeting. When a Commissioner breaches this code of conduct during
a public meeting, the following progressive actions are appropriate.
(Note: The nature of the offense may warrant any level of sanction.)
(a)
Request for order. If the breach is slight, the Chair
of the meeting shall rap the gavel and ask the offending member to
follow the rules of order and good conduct. If the President is the
individual whose actions are being challenged, then the matter should
be referred to the Vice President.
(b)
Call to order.
[1]
If the offense is more serious, such as when
a Commissioner:
[a]
Repeatedly interrupts or disrupts the meeting, whether
verbally or otherwise;
[b]
Questions the motives of or attacks with accusatory
comments other Commissioners;
[c]
Persists in speaking out of turn or on an irrelevant
matter during discussion on an agenda item;
[d]
Makes comments to or converses with another Commissioner
while not having the floor; or
[e]
Uses disrespectful, coarse, or profane language,
tone or gestures unbecoming to a Commissioner, Town employee, or any
other meeting participant;
Then in any such instance, the meeting Chair will normally first
warn the offender that such conduct is in breach of order; but with
or without such warning, the meeting Chair, or any other Commissioner,
may call the Commissioner to order by stating at any time, "Point
of Order" and explaining how the offender's behavior breaches
the rules.
|
[2]
If the Chair finds the point well-taken, the Chair
shall declare the offender to be out of order and request that the
offender cease such unacceptable behavior immediately with a reminder
of further consequences if the offending Commissioner's behavior
continues.
[3]
If the Chair declares out of order a Commissioner
who has the floor at the time of the offense, the meeting Chair, after
clearly stating the breach of conduct, may rule that the offending
member has forfeited the floor at that time.
(c)
Recording the offense in the minutes. If the disruptive
conduct continues, despite the ruling of the Chair that such behavior
is out of order and this is be discontinued,
the fact and the specific offensive conduct should be recorded in
the official minutes by order of the Chair. If the member discontinues
the offending behavior, the Chair may drop the matter.
(d)
Censure.
[1]
If the disruption continues, any member may move
to censure the offending member for disrupting a lawful meeting of
the Commissioners. Such censure motion shall be adopted upon the affirmative
vote of a majority of the remaining Commissioners, excluding the offending
member.
[2]
The censure may be put forth to encompass only the
discussion at hand, or, if the offending behavior is more serious,
the Commissioner may be censured for the remainder of that meeting
or all subsequent future meetings. The offending Commissioners shall
remain silent throughout the remainder of the discussion or meeting,
and shall not disrupt the meeting verbally or with other physical
distractions, such as gestures or facial expressions.
(e)
Expulsion. If the member continues such offending
behavior, the Chair or any Commissioners may move that the offending
member be expelled from the meeting for disorderly conduct. Such expulsion
motion shall be adopted upon the affirmative vote of a majority of
those remaining Commissioners, excluding the offending member. If
the offending member refuses to leave after a motion for expulsion
has passed, police employed by the Town can carry out the expulsion
order at the direction of the Chair.
(f)
Recess to another time. When disruptive conduct by
a Commissioner continues, the Chair may at his/her discretion at any
stage call for a motion to immediately recess the meeting to reconvene
at a fixed time and place, which shall be publicly posted.
(2)
Commissioners' behavior and conduct outside public
meetings. If a violation of this document occurs outside of a public
meeting, the alleged violation should be referred to the President.
If the President perpetrated the alleged breach, the Vice President
will be contacted. The President/Vice President should ask the Town
Manager and Town Attorney when appropriate to investigate the allegation
and report the findings to the Commissioners. It is the responsibility
of the President/Vice President to take the next appropriate action
according to the sanctions above.
L.
ATTITUDE
BEHAVIOR
CENSURE
CIVILITY
CONDUCT
COURTESY
DECORUM
MANNERS
POINT OF ORDER
POINT OF PERSONAL PRIVILEGE
PROPRIETY
PROTOCOL
RESPECT
Glossary of terms. As used in this article, the following
terms shall have the meanings indicated:
The manner in which one shows one's dispositions, opinions,
and feelings.
External appearance or action; manner of behaving; carriage
of oneself.
To disapprove of conduct.
Politeness, consideration, courtesy.
The way one acts; personal behavior.
Politeness connected with kindness.
Suitable; proper; good taste in behavior.
A way of acting; a style, method, or form; the way in which
things are done.
An interruption of a meeting to question whether rules or
bylaws are being broken, such as the speaker has strayed from the
motion currently under consideration.
A challenge to a speaker to defend or apologize for comments
that a fellow Commission member considers offensive.
Conforming to acceptable standards of behavior.
The courtesies that are established as proper and correct.
The act of noticing with attention; holding in esteem; courteous
regard.