Commission approves code of conduct standards for board, committee members

The Safety Harbor City Commission unanimously approved an ordinance on first reading Monday night that clarifies and strengthens the city’s code of conduct standards for all board and committee members.

Ordinance 2017-09 adds new language to Chapter 2, Article III, Section 2.09 of the Safety Harbor City Code regarding quasi-judicial and volunteer boards, and includes a Code of Conduct section that future applicants and current board members will be required to sign.

“I like it,” Commissioner Cliff Merz said when the item was read on Feb. 6, noting he approved of staff incorporating elements of existing codes from neighboring municipalities into Safety Harbor’s code.

“I like the fact that the application was revised, as well, with some of the items from some of the standards of conduct,” he added. “I believe the idea of having it signed makes sure that everybody is aware of what the requirements are and what the code of conduct is.”

The commission’s decision came as a result of a nasty public showdown between a downtown resident and code enforcement board member Shelly Schellenberg, who was accused of harassing and intimidating behavior via a Facebook page she administrates.

The recent allegations, coupled with previous complaints lodged against Schellenberg, forced city officials to draft the new language to prevent such issues from occurring in the future.

According to the backup materials provided, new language in Section 2.09 includes the following:

(5) All members of boards or committees which sit in a quasi-judicial capacity and have final decision making authority, including but not limited to the Code Enforcement Board and Board of Appeals, shall remain impartial on matters which may come before the board or committee and avoid the appearance of impropriety on all matters which come before their board or committee. Members should further refrain from participating in any proceeding in which their impartiality may be reasonably questioned. A member whose personal, employment or business relationship with a person or entity that is the subject of a matter which may come before the board or committee should disclose such relationship with the City Commission.

(6) Nothing contained in this section 2.09 shall…change that all members of every board or committee serve at the pleasure of the City Commission, or to require that the City Commission find a violation of this code of conduct to remove any member of any board or committee at any time.

The changes were applauded by other commissioners in addition to Merz.

“I’m glad that you have this part in (section) 6, because I didn’t want there to be any kind of expectation with this Code of Ethics that it’s going to change the fact that they sit at the pleasure of the commission,” Vice-Mayor Andy Zodrow said.

“I didn’t want to have anybody given some kind of entitlement, or the opposite. I want to make sure it’s clear.”

Commissioner Carlos Diaz, who had previously accused Schellenberg of unprofessional conduct and petitioned to have her removed from the CEB, also praised that particular section of the document.

“I also like that portion…where it says any committee member can be dismissed without cause regardless of the code of conduct,” Diaz said.

“To me it just spells out something that should be evident anyway,” he added. “Any time we appoint somebody, they should have these standards for conduct. This is spelling out the obvious.”

In addition to the new language, a Standards of Conduct form will be included with every board and committee application; the form contains criteria such as avoiding the use of abusive, threatening or intimidating language; maintaining an attitude of courtesy and consideration towards colleagues, citizens and staff during all discussions; and not engaging in harassing behavior or unwelcome conduct of sexual nature towards other board members, employees or citizens.

Following the commission’s directive to staff to create the standards in late January, Schellenberg said she would decide what course of action she would take after details of the codes of conduct were revealed.

When contacted for comment by Safety Harbor Connect in the wake of Monday’s vote, Schellenberg responded via email.

“If three commissioners believed that Carlos Diaz’s claims were true; they would have removed me from the board long ago,” she wrote.

With no public comment on the issue, the item passed by a vote of 5-0.

It will come before the commission for a second and final reading at a date to be determined.

Related content:

• Commission to create code of conduct for advisory board members
• Safety Harbor board member again accused of harassing behavior
• Spat between Safety Harbor officials continues to simmer