Ordinance - 2024 - 932 - Code Of Ethics And Civility - 07/09/2024SUMMARY OF ORDINANCE NO. 932
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO TITLE 1, "ADMINISTRATION",
ADDING NEW CHAPTER 12, "CODE OF ETHICS AND CIVILITY", ADDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
A summary of the principal provisions of Ordinance No. 932 of the City of Eagle, Ada County,
Idaho as adopted by Eagle City Council on July 9, 2024.
Section 1: Establishes legal authority of the City and provides a statement of purpose, creating Chapter 12
Code of Ethics and Civility, in Title 1 Administration. Identifies Rules of Civility and Rules of Decorum at
Public Meetings for Board Members, City Staff, Persons Addressing the Board and Members of the Public.
Establishes enforcement procedures, escalating consequences for violation and the right to appeal.
Section 2: Provides for a severability clause.
Section 3 and 4: Direct the City Clerk to codify the adopted ordinance and publish in the official newspaper
in accordance with Idaho State Code in addition to identifying an effective date.
The full text of Ordinance No. 932 is available at City Hall, on the City website, and will be provided to
any citizen upon personal request during normal office hours.
DATED as of the 22"d of July, 2024.
Brad Pike, Mayor Attest: Tracy E. Osborn, City Clerk
CERTIFICATION OF ATTORNEY
I, the undersigned, an attorney at law duly licensed in the State of Idaho and serving as counsel to the City
of Eagle, Idaho, hereby certify that I have read the above Summary of Ordinance No. 932 of the City of
Eagle and that the same is true and complete and provides adequate notice to the public of the contents of
said ordinance.
Dated this 22°d day of July, 2024.
iY�
Victor Villegas
Borton-Lakey Law & Policy
City Attorney, City of Eagle
ORDINANCE NO.932
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO TITLE 1, "ADMINISTRATION",
ADDING NEW CHAPTER 12, "CODE OF ETHICS AND CIVILITY", ADDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Mayor and Council wish to promote a strong community by advocating for
civil engagement for the betterment of the City of Eagle; and
WHEREAS, all interactions between the public, staff and elected officials should be
conducted in a professional and civil manner to foster effective dialogue to identify problems
as well as solutions; and
WHEREAS, it is important to provide a safe atmosphere for the conduct of municipal
business;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF EAGLE, ADA COUNTY, IDAHO:
Section 1: Title 1, Chapter 12 of the Eagle City Code shall read as follows:
CHAPTER 12: CODE OF ETHICS AND CIVILITY
1-12-1: Statement of Purpose
1-12-2: Ethics
1-12-3: Rules Of Civility; Rules of Decorum At Public Meetings
1-12-1: STATEMENT OF PURPOSE:
This section seeks to promote mutual respect, civility and orderly conduct among City of
Eagle elected officials, employees, and members of the public. It is not intended to deprive
any person of his or her right to freedom of expression or free speech, but only to maintain,
to the extent possible and reasonable, a safe, productive, and harassment -free workplace for
City staff and a safe and non -threatening environment for visitors, customers and other
members of the public.
The City discourages hostile, intimidating, or otherwise disruptive actions and encourages
professional, respectful, and courteous communication, seeking to embrace respectful
disagreement and dissent as democratic rights that are inherent components of an inclusive
public process and tools for forging sound decisions.
1-12-2: ETHICS:
All City of Eagle elected officials and employees are subject to the regulations and penalties
set forth in the State of Idaho's Transparent and Ethical Government statute, Title 74 ,
Chapter 4 of Idaho Code.
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1-12-3: RULES OF CIVILITY; RULES OF DECORUM AT PUBLIC MEETINGS:
A. Rules of Civility.
1. All interactions between City staff, City elected officials and members of the public will be
conducted in a respectful manner.
2. Threats, including threats of violence, will not be tolerated.
3. Members of the public will refrain from behavior that disrupts or threatens to disrupt
City of Eagle government operations, including any of the following:
a. Insulting, demeaning, intimidating, or offensive remarks or other communications;
b. Harassment or intimidation of any City of Eagle staff, elected official, or other member
of the public;
c. Willful destruction or damage of property;
d. Conduct that threatens or provokes a violent reaction;
e. Continually disruptive behavior in the lobbies, offices or meeting rooms of Eagle City
Hall or other facilities where official City business is being conducted by City officials
or staff;
f. Repetitive calls, visits or correspondence to City offices or staff with an associated
pattern of disruptive behavior, including verbal or physical aggression and/or threats,
regarding an issue for which City officials or staff have already provided pertinent
information or instructions.
4. Enforcement. The rules of civility set forth above shall be enforced in the following
manner:
a. Warning: Any City of Eagle official or employee who is directly affected by or
witnesses behavior that disrupts or threatens to disrupt City of Eagle government
operations may direct the person engaging in such behavior to immediately remove
themselves from the premises or otherwise cease such behavior.
b. Resisting Removal or Failing to Cease Behavior: Any person who resists removal or an
order to leave the premises or to cease such behavior shall be charged with a
violation of Idaho Code § 18-7008(8).
B. Rules of decorum at public meetings.
1. Decorum.
a. City of Eagle public meetings, including meetings of the City Council, Planning and
Zoning Commission, and any other City commission, committee or board (hereinafter
"Board" to describe any of the preceding or like bodies), shall be conducted in an
orderly manner to ensure that the public has an opportunity to be heard and that the
deliberative process of the Board is retained at all times. A City Council meeting or
other like Board meeting is a governmental process with a governmental purpose. The
Council/Board has an agenda to be addressed and dealt with and is not to be prevented
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from accomplishing its business in a reasonably efficient manner; order will be
maintained, and the rules of decorum will be enforced.
b. General public oral communications, such as a public forum (Town Hall, Workshops, et
al.) or other general public comment periods, may be offered to the public at City
Council and other Board meetings. Aside from official public hearings, these public
comment opportunities during the Board's business meeting are not required by law or
regulation and are at the discretion of the presiding officer.
c. The presiding officer of the Board shall be responsible for maintaining the order and
decorum of meetings and shall, at the commencement of the meeting, recite aloud the
rules and procedure for public participation during the meeting, or a summary thereof.
The presiding officer of the meeting shall be responsible for enforcing the rules of
decorum during the meeting.
2. Rules of Decorum. During a public meeting, the following rules of decorum shall be
observed:
a. Board Members. The members of the Board shall preserve order and decorum, and a
member shall not by conversation or other means delay or interrupt the Board's
proceedings or disturb any other member while speaking. Board members shall not
communicate electronically with one another or any member of the public using a
mobile phone, computer or other such device about any City business during the
meeting.
b. City Staff Members. Employees of the City shall observe the same rules of order and
decorum as those which apply to the members of the Board.
c. Persons Addressing the Board. General public oral communications are not a
substitute for any item that can be handled during the normal business hours of the
municipal government. The primary purpose of such oral communication during a
meeting is to allow citizens the opportunity to address the Board as a whole
regarding matters that cannot be handled during the regular business hours of the
City government. Each person who addresses the Board shall exercise self-control,
shall do so in an orderly manner, shall focus on the issues and avoid personalizing
debate, and shall not make personal, impertinent, slanderous or profane remarks to
any member of the Board, staff or general public. General public oral communication
opportunities are not to be used for the purpose of conveying political rhetoric, i.e.
for political campaigning or the venue to convey support or opposition of a political
candidate or another. Any person who conducts themselves in such a manner or
otherwise impedes the orderly conduct of any meeting shall, at the discretion of the
presiding officer or a majority of the Board, be barred from further audience before
the Board during that meeting.
d. Members of the Public. No member of the public shall engage in disorderly or
boisterous conduct, including the utterance of loud, threatening or abusive
language, whistling, speaking out of turn, applause or clapping (when not led by the
presiding officer), the display of signs (cardboard, paper or otherwise), stamping of
feet or other similar acts which disturb, disrupt or otherwise impede the orderly
conduct of any meeting. Any person who conducts themselves in such a manner or
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otherwise impedes the orderly conduct of any meeting shall, at the discretion of the
presiding officer or a majority of the Board, be barred from further audience before
the Board during that meeting.
e. Addressing the Board. A person wishing to address the Board during the meeting
shall submit a request on a public comment form or otherwise follow the process
provided. No person shall address the Board without first being recognized by the
presiding officer . The following procedures shall be observed by persons
addressing the Board:
(1) Each person speaking shall have up to three (3) minutes to address the Board,
which time shall be kept and noted by the presiding officer and/or clerk. The presiding
officer may, at his or her discretion, limit or extend the time for public comment at the
meeting, as time permits. Any extension or limit shall be applied equally and fairly to all
members of the public. During official public hearings only, and only upon prior
approval of the presiding officer, a member of the public in attendance may gift their
time to another member of the public in attendance. This may be allowed one time only
for both the person gifting their time and for the person who receives it. This procedure
is applicable only during official public hearings and shall not be utilized for any other
public comment period.
(2) When called by the presiding officer the individual who wishes to speak shall
introduce themselves, stating their name and address.. If speaking during the general
oral communications or public forum portion of the meeting, the person speaking shall
also state the subject on which they wish to comment.
(3) During general public comment portions of the meeting, any subject which is
deemed irrelevant or repetitious by the presiding officer, or majority of the Board shall
be immediately concluded.
(4) All remarks shall be addressed to the Board as a whole and not to any single
member thereof, unless in response to a question from such member. The person
speaking shall address only the Board and shall not address members of City staff or
other members of the audience.
(5) No question may be asked of a member of the City Council or of City staff. Public
hearings and other opportunities afforded for public comment are for comments only.
(6) Once the meeting is underway, members of the public are not to approach the
dais, the clerk or any other staff member situated at the front of the room near the dais,
as this disrupts the meeting and the work that is being undertaken by these staff
members.
3. Enforcement. The rules of decorum set forth above shall be enforced in the following
manner:
a. Warning. The presiding officer shall request that a person who is breaching the rules
of decorum cease such conduct. If, after receiving a warning from the presiding
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officer, a person persists in such conduct, the presiding officer shall order that
person to leave the meeting.
b. Removal. The presiding officer may request law enforcement who are in attendance,
or direct City Staff to initiate contact with law enforcement to carry out all orders
and instructions of the presiding officer for the purpose of maintaining order and
decorum during the meeting, including removal of any such person from the
proceedings.
c. Resisting Removal. Any person who resists removal by the presiding officer shall be
charged with a violation of Idaho Code § 18-7008(8).
4. Adjournment. If a meeting is disturbed or disrupted in such a manner as to make it
infeasible or improbable to restore order, the meeting may be adjourned or continued
by the presiding officer or a majority of the Board, and any remaining business may be
considered at the next meeting.
C. Trespass and Penalty.
1.Notice of Trespass. Any person who violates the provisions of the Rules of Civility in the
lobbies, offices or meeting rooms of Eagle City Hall or other City owned or operated
facilities or property where official City business is being conducted by City officials, or
violates the Rules of Decorum during a public meeting, may be trespassed from City
facilities and/or from City meetings for a period not to exceed 12-months from the date of
the incident. In all such cases, such person shall receive a written notice, signed by the
Mayor, identifying the conduct giving rise to the trespass, and further providing that such
person may enter City property for emergency purposes only, r to access emergency
personnel, or to access polling locations and may only contact City employees by U.S.
Mail, email or other means acceptable to the City.
2. Right to Appeal.
a. Any person trespassed from City property or facilities has the right to appeal said
trespass order by submitting a statement to the City Clerk's office by email, U.S. Mail or
other means acceptable to the City within ten (10) calendar days of the date of the
trespass order, which statement shall be forwarded to and considered by the Mayor
and City Council. The Mayor and City Council will consider and make a decision based
on information presented by City staff and the statement submitted by the appellant. If
no statement is received by the City Clerk's office within 10 calendar days of the date of
the trespass order, no appeal will be considered.
b. Any person trespassed from a_City public meeting has the right to appeal said trespass
order by submitting a statement to the City Clerk's office by email, U.S. Mail or other
means acceptable to the City within ten (10) calendar days of the date of the trespass
order, which statement shall be forwarded to City Council and considered during their
next available regular meeting or at a special meeting of the Council. No oral/verbal
testimony will be allowed; Council will consider and make its decision based on
information presented by City staff and/or members of the applicable City
commission, committee or board and the statement submitted by the appellant. If no
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statement is received by the City Clerk's office within 10 calendar days of the date of
the trespass order, no appeal will be considered.
c. The right to appeal under subsections a and b, above, is not applicable to any citations
for trespass under Title 18, Idaho Code.
3.Access to Meetings. Any person trespassed from City property or from attendance at City
meetings shall have the right to attend such meetings by electronic means if offered by
the City; provided that the same Rules of Civility and Rules of Decorum shall apply to
attendance at such meetings.
4.Criminal Trespass/Penalty. Any person who resists removal or an order to leave the
premises or to cease disruptive behavior may be guilty of a misdemeanor under Idaho
Code § 18-7008(8), punishable as provided by Idaho law. This penalty provision is not
intended to supplant any provision of Idaho law which may render additional or more
serious punishment for threats against public officials or public servants as proscribed by
Title 18, Idaho Code. Nothing contained herein shall preclude a person trespassed from
entering upon City property in case of an emergency purposes only or to access
emergency personnel.
Section 2: The provisions of this ordinance are hereby declared to be severable and if any
provision of this act or the application of such provision to any person or circumstance is declared
invalid for any reason, such declaration shall not affect the validity of remaining portions of this
ordinance.
Section 3: The City Clerk is instructed to immediately forward this ordinance to the codifier of
the official municipal code for proper revision of the code.
Section 4: This ordinance, or a summary thereof in compliance with Idaho Code §50-901A, shall
be published once in the official newspaper of the City, and shall be in full force and take effect
immediately upon its passage, approval, and publication.
Approved and adopted this
CITY OF EAGLE
Ada County, Idaho
BPIKE
MAYOR
ATT T:
TC E. 1. ORN
CITY CLE
of July, 2024.
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