AGENDA ITEM REPORT
TITLE:
title
AN ORDINANCE PROPOSING AN AMENDMENT TO THE CITY'S CODE OF ORDINANCES TO ENACT A NEW SECTION ENTITLED "PROHIBITION ON CAMPAIGN ACTIVITIES" TO PROHIBIT CAMPAIGN ACTIVITIES BY KEY CITY EMPLOYEES FOR CITY ELECTIONS. (SECOND READING) (PUBLIC HEARING)
body
BACKGROUND:
This ordinance was approved on First Reading at the July 23, 2015, City Commission meeting with no changes or conditions.
The City Commission is desirous of avoiding any impropriety or appearance of impropriety on behalf of key City employees in the conduct of municipal elections. In the recent case of McCutcheon v. Federal Election Commission, 134 S.Ct. 1434 (2014), the United States Supreme Court held that "the right to participate in democracy through political contributions is protected by the First Amendment, but that right is not absolute." The Court further stated that, "Congress may regulate campaign contributions to protect against corruption or the appearance of corruption." That sentiment is echoed by the International City/County Management Association (ICMA), which is comprised of county and city managers as its members. The ICMA follows a Code of Ethics including a tenet that requires its members to refrain from all political activities that undermine public confidence in professional administrators and refrain from participation in the election of the members of the employing legislative body. Furthermore, Section 104.31, Florida Statutes, prohibits officers and employees of the City from using their official authority or influence for the purpose of interfering with an election.
DISCUSSION:
The City is committed to ensuring fair and transparent municipal elections. Through this Ordinance, the City will prohibit certain political activities of key City employees when there are elections for City Commissioners of the City of Coconut Creek to prevent actual, or even the appearance of partiality, bias, conflicts of interest, or corruption. Speci...
Click here for full text