Town of Princess Anne, MD President and Commissioners

	Title	Salary
	President	$7,500
	Commissioner	$6,000

Purpose.

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.

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.

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.

(2)

Vice President:

(a)

Performs the duties of the President if the President is unable to perform his/her duties.

(b)

Chairs Commissioners meetings at the request of the President.

(c)

Represents the Town at ceremonial functions in the absence of the President.

(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.

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.

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.

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.

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.

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.

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.

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.

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.

Glossary of terms. As used in this article, the following terms shall have the meanings indicated:

ATTITUDE

The manner in which one shows one's dispositions, opinions, and feelings.

BEHAVIOR

External appearance or action; manner of behaving; carriage of oneself.

CENSURE

To disapprove of conduct.

CIVILITY

Politeness, consideration, courtesy.

CONDUCT

The way one acts; personal behavior.

COURTESY

Politeness connected with kindness.

DECORUM

Suitable; proper; good taste in behavior.

MANNERS

A way of acting; a style, method, or form; the way in which things are done.

POINT OF ORDER

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.

POINT OF PERSONAL PRIVILEGE

A challenge to a speaker to defend or apologize for comments that a fellow Commission member considers offensive.

PROPRIETY

Conforming to acceptable standards of behavior.

PROTOCOL

The courtesies that are established as proper and correct.

RESPECT

The act of noticing with attention; holding in esteem; courteous regard.