05.13.2025 Ethics Review Commission Agenda Packet
TOWN OF TROPHY CLUB
MEETING AGENDA
ETHICS REVIEW
COMMISSION
1 Trophy Wood Drive
Trophy Club, Texas 76262
May 13, 2025 6:00 PM Council Chambers
CALL TO ORDER AND ANNOUNCE A QUORUM
PUBLIC COMMENT(S)
This is an opportunity for citizens to address the Board/Commission on any matter pursuant
to Texas Government Code Sec. 551.007. The Board/Commission is not permitted to
discuss or take action on any presentations made concerning matters that are not listed on
the agenda. Presentations are limited to matters over which the Board/Commission has
authority. Speakers have up to three (3) minutes or the time limit determined by the
Presiding Officer. Each speaker must have submitted their request to speak by completing
the Speaker’s Form or may email tdixon@trophyclub.org
REGULAR ITEMS
1. Consider approval of the April 1, 2025, Ethics Review Commission meeting minutes.
(Tammy Dixon, Town Secretary).
2. Consider a recommendation to the Trophy Club Town Council proposed changes to
Article 1.05, Code of Ethics and Conduct, of the Town's Code of Ordinances. (Brandon
Wright, Town Manager)
FUTURE AGENDA ITEMS
ADJOURN
The Board/Commission may convene into executive session to discuss posted items as
allowed by Texas Government Code Sections 551.071 through 551.076 and Section
551.087.
Notice is hereby given that a quorum of the Town of Trophy Club Town Council may be in
attendance at this meeting. The Town Council will not deliberate or take any action.
CERTIFICATION
Page 1 of 36
I do hereby certify that the Notice of Meeting was posted on the bulletin board at the Town Hall
for the Town of Trophy Club, Texas, in a place convenient and readily accessible to the general
public at all times on the following date and time: May 8, 2025, at 11:30 a.m., and said Notice of
Meeting was also posted concurrently on the Town’s website in accordance with Texas
Government Code Ch. 551 at least 72 hours prior to the scheduled time of said meeting.
/s/Tammy Dixon
Tammy Dixon, Town Secretary
Page 2 of 36
ETHICS REVIEW COMMISSION
COMMUNICATION
MEETING DATE: May 13, 2025
FROM: Tammy Dixon, Town Secretary
AGENDA ITEM: Consider approval of the April 1, 2025, Ethics Review Commission meeting
minutes. (Tammy Dixon, Town Secretary).
BACKGROUND/SUMMARY: The Ethics Review Commission held a meeting on April 1, 2025.
BOARD REVIEW/CITIZEN FEEDBACK: N/A
FISCAL IMPACT: N/A
LEGAL REVIEW: N/A
ATTACHMENTS:
1. 04.01.2025 ERC draft minutes
ACTIONS/OPTIONS:
Move to approve the April 1, 2025, Ethics Review Commission meeting minutes.
Page 3 of 36
Town of Trophy Ethics Review Commission Meeting Minutes
April 1, 2025, 6:00 p.m., Regular Meeting
1 Trophy Wood Drive, Trophy Club, Texas 76262
CALL TO ORDER
Chair Ross called the meeting to order at 6:29 p.m.
ETHICS REVIEW COMMISSION MEMBERS PRESENT
Jackie Ross, Chair
Jennifer Olson, Vice Chair
Amy Mancuso
Julie Edwards
ETHICS REVIEW COMMISSION MEMBERS ABSENT
Mindi Bone
Lisa DeLong, Alternate
Victoria Heguy, Alternate
STAFF PRESENT
Brandon Wright, Town Manager
Tammy Dixon, Town Secretary
PUBLIC COMMENTS
There were none.
REGULAR ITEMS
1. Consider approval of the October 29, 2024, Ethics Commission meeting minutes. (Tammy
Dixon, Town Secretary).
Commissioner Edwards moved to approve the October 29, 2025, meeting minutes.
Commissioner Mancuso seconded the motion.
VOTE ON THE MOTION
AYES: Ross, Olson, Mancuso, Edwards
NAYES: None
VOTE: 4-0
2. Discuss and recommend changes regarding Article 1.05, Code of Ethics and Conduct, of
the Town's Code of Ordinances. (Brandon Wright, Town Manager)
Town Manager Brandon Wright presented proposed updates to the ordinance based on
prior discussions and legal review. Key topics discussed included:
Page 4 of 36
ERC Meeting Minutes – April 1, 2025 Page 2
False Complaints
• Concerns were raised about the language allowing for criminal charges for false
complaints.
• Several members expressed discomfort with any provisions that may deter individuals
from filing legitimate complaints.
• A suggestion was made to eliminate the section or revise it using clearer, simplified
language, possibly referencing state law on vexatious litigation.
• Town Manager to revise language in consultation with the Town Attorney.
Complaint Process & Transparency
• A proposed revision adds a “personal knowledge” requirement for complainants,
defined as firsthand experience or direct observation.
• This change aims to prevent reputational harm from baseless complaints while
maintaining access for legitimate concerns.
• General agreement was expressed, and the definition was accepted for further
development.
Timelines and Deadlines
• The current one-year filing deadline was discussed.
• Members suggested allowing exceptions for extenuating circumstances (e.g.,
pending investigations or legal proceedings).
• A process for requesting extensions was supported.
• The Town Manager will include language specifying when the complaint clock starts
(e.g., post-investigation).
• Timeline references throughout the ordinance will be standardized to business days.
• Some deadlines were adjusted to allow more reasonable timeframes (e.g., 10
business days for attorney review, 60 business days for hearings).
Financial Conflicts of Interest
• Discussed scholarship awards from nonprofits to employees’ family members (e.g.,
Rotary Club, Women’s Club).
• Members supported allowing such awards if criteria are equitable, the process is
transparent, and participation is open to all similarly situated employees.
• The ordinance will include language clarifying eligibility, transparency, and Town
Manager approval requirements.
Intentional Violations & Accountability
• Members questioned the standard requiring that violations be “knowingly or
intentionally” committed.
• The Town Attorney recommended keeping the language, as it protects against
unfair consequences for accidental violations.
• Further clarification may be discussed at the next meeting.
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ERC Meeting Minutes – April 1, 2025 Page 3
Employee Complaint Pathway
• Proposed change to remove employee-related ethics complaints from Commission
jurisdiction.
• Complaints involving employees (or former employees) would be handled
administratively by the Town Manager, per existing HR procedures.
• Members were supportive of the change.
Town Manager Wright will revise the ordinance language based on the Commission’s
feedback, including updates to the sections on false complaints, scholarship eligibility, and
standards related to intent. The Town Attorney will be invited to the next meeting to assist in
reviewing the proposed legal changes.
ADOURN
Chair Ross adjourned the meeting at 7:45 p.m.
_____________________________
Jackie Ross, Chair
ATTEST:
____________________________
Town Secretary
Page 6 of 36
ETHICS REVIEW COMMISSION
COMMUNICATION
MEETING DATE: May 13, 2025
FROM: Brandon Wright, Town Manager
AGENDA ITEM: Consider a recommendation to the Trophy Club Town Council proposed
changes to Article 1.05, Code of Ethics and Conduct, of the Town's Code of
Ordinances. (Brandon Wright, Town Manager)
BACKGROUND/SUMMARY: At the April 1, 2025 meeting of the Ethics Review Commission, the
commission reviewed potential modifications to the Town Code of Ordinances Section 1.05
Code of Ethics and Conduct. During that meeting, the commission reviewed sections related to
filing false complaints, the complaint process and transparency, timelines and deadlines,
financial conflicts of interest, intentional violations and accountability, and a new pathway for
complaints filed against employees.
The purpose of this agenda item is to review pending discussion items from the April 1, 2025
meeting. Staff will review options with the commission and seek input on potential changes to
be recommended to the Town Council. Below is the list of pending discussion items.
1. False Complaints: Removing the commission's responsibility to determine false
complaints. Instead, the commission could take action to prohibit a vexatious
complainant from repeatedly filing frivolous or groundless complaints.
2. Timelines & Deadlines: Including that if a violation results in either a civil or criminal
charge, the timely filing deadline is extended to within one (1) year after the date of
adjudication of the civil or criminal complaint.
3. Financial Conflicts of Interest: Excluding the town manager from this section and
requiring that any award, grant, scholarship, or similar gift under this section be shared
publicly with the Town Council during a Town Council Meeting.
4. Intentional Violations & Accountability: Staff recommends that this section remain as is,
and the town attorney will be present to further discuss the recommendation.
BOARD REVIEW/CITIZEN FEEDBACK: N/A
FISCAL IMPACT: N/A
LEGAL REVIEW: N/A
ATTACHMENTS:
Page 7 of 36
1. Presentation
2. Draft Ordinance Changes
ACTIONS/OPTIONS:
Staff recommends that the Ethics Review Commission review potential changes and provide a
recommendation to the Trophy Club Town Council regarding Article 1.05, Code of Ethics and
Conduct, of the Town's Code of Ordinances.
Page 8 of 36
Ethics Review Commission
Ordinance Review
May 13, 2025
Page 9 of 36
Follow Up Items from April 2025 Meeting
•False Complaints (PENDING)
•Complaint Process &Transparency (TENTATIVE AGREEMENT)
•Attorney review of submissions
•Personal knowledge requirement
•Timelines and Deadlines (PENDING)
•Extension for filing after criminal or civil charges
•Financial Conflicts of Interest (PENDING)
•Requirement for public notice at Town Council Meeting
•Prohibit town manager inclusion in Section 1.05.004(E)
Page 10 of 36
Follow Up Items from October 2024 Meeting
•Intentional Violations &Accountability (PENDING)
•Discussion with town attorney needed
•Employee Complaint Pathway (TENTATIVE AGREEMENT)
•Complaints against employees are forwarded to the town manager to be reviewed
consistent with Administrative Policies.
Page 11 of 36
False Complaints
Section 1.05.010 False complaints.
•Amended to remove commission’s responsibility to determine false
complaints.Instead,the commission could take action to prohibit a
vexatious complainant from repeatedly filing frivolous or groundless
complaints.
•More than three (3)complaints in a seven-year period resulting in no violations
and frivolous or groundless.
•Filing a similar or substantially similar complaint in a three-year period that
resulted in no violations and frivolous and groundless.
Page 12 of 36
False Complaints
Section 1.05.010 False complaints.
•Amended to remove commission’s responsibility to determine false
complaints.Instead,commission could take action to prohibit a
vexatious complainant from repeatedly filing frivolous or groundless
complaints.
•Vexatious complainants prohibited from filing complaints for a period of three
(3)years.
•Pending complaints of a vexatious complainant are dismissed.
Page 13 of 36
Timelines and Deadlines
Section 1.05.007(c)
•Revised to include that if a violation results in either a civil or criminal
charge,the timely filing deadline is extended to within one (1)year
after the date of adjudication of the civil or criminal complaint.
Page 14 of 36
Financial Conflicts of Interest
Section 1.05.004(E)
•Revised to exclude the town manager from this section and to require
that any award,grant,scholarship,or similar gift under this section
be shared publicly with the Town Council during a Town Council
Meeting.
Page 15 of 36
Intentional Violations & Accountability
Section 1.05.009 Culpability
•Recommend leaving language as is.To violate the ethics ordinance,a
person must have acted knowingly or intentionally.
•Town attorney present to further discuss.
Page 16 of 36
Questions/Discussion
Page 17 of 36
Town of Trophy Club, TX
§ 1.05.001 § 1.05.002
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ARTICLE 1.05
CODE OF ETHICS AND CONDUCT
§ 1.05.001. Policy; applicability.
(a) Policy. It is hereby declared to be the policy of the town that the proper operation of
democratic government requires that town officials, candidates, appointees, and employees
be independent, impartial and responsible to the people of the town; that governmental
decisions and policy be made in the proper channels of the governmental structure; that no
town official, candidate, appointee, or employee have any interest, financial or otherwise,
direct or indirect, or engage in any business, transaction or professional activity or incur any
obligation of any nature which is in conflict with the proper discharge of his duties in the
public interest; that public office and public employment are positions of public trust
imposing the duty of a fiduciary upon all employees and officeholders, who are not to use
their public position for personal gain; and that the public should have confidence in the
integrity of its government.
(b) Applicability. To implement this policy, the town council enacts this code of ethics and
conduct for all town officials, candidates, appointees and employees, whether elected or
appointed, paid or unpaid, to serve not only as a guide for official conduct of the town’s
public servants, but also as a basis for discipline for those who refuse to abide by its terms.
The provisions of this article shall not apply to political contributions, loans, expenditures,
reports or regulation of political campaigns, or the conduct of candidates in such campaigns,
except as expressly provided herein.
(Ordinance 2011-03, sec. 2 (17.01), adopted 2/7/11)
§ 1.05.002. Principles of conduct.
(a) Values. The town council further believes that town officials, candidates, appointees
and employees require a public trust and should recognize the importance of high
ethical standards within the organization they lead or support. Essential values and
ethical behaviors that town officials, candidates, appointees and employees should
exemplify include the following:
(1) Commitment beyond self.
(2) Obedience and commitment beyond the law.
(3) Commitment to the public good.
(4) Respect for the value and dignity of all individuals.
(5) Accountability to the public.
(6) Truthfulness.
(7) Fairness.
(8) Responsible application of resources.
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Town of Trophy Club, TX
§ 1.05.002 § 1.05.003
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(b) Conduct. In keeping with the values set forth in subsection (a) of this section and to assist
in the fulfillment of responsibilities to the individuals and communities served, each town
official, candidate, appointee and employee should:
(1) Conduct himself and operate with integrity and in a manner that merits the trust and
support of the public.
(2) Uphold all applicable laws and regulations, going beyond the letter of the law to protect
and/or enhance the town’s ability to accomplish its mission.
(3) Treat others with respect, doing for and to others what the town official, candidate,
appointee or employee would have done for and to himself in similar circumstances.
(4) Be a responsible steward of the taxpayer resources.
(5) Take no actions that could benefit the town official, candidate, appointee or employee
personally at the unwarranted expense of the town, avoiding even the appearance of a
conflict of interest, and exercise prudence and good judgment at all times.
(6) Carefully consider the public perception of personal and professional actions and the
effect such actions could have, positively or negatively, on the town’s reputation both in
the community and elsewhere.
(7) Strive for personal and professional growth to improve effectiveness as an elected or
appointed town official, candidate, appointee or employee.
(c) Interpretation. This section is a statement of principles only. Nothing in this section may
be used to create a cause of action against an elected or appointed town official, candidate,
appointee or employee under this article.
(Ordinance 2011-03, sec. 2 (17.02), adopted 2/7/11)
§ 1.05.003. Definitions.
Appointee. A person appointed or confirmed by the mayor or town council; provided, however,
for the purposes of this definition, the term “appointee” does not include municipal judges.
Business entity. A corporation, partnership, sole proprietorship, firm, enterprise, franchise,
association, organization, self-employed individual, holding company, joint stock company,
receivership, trust, or any other entity recognized by law.
Candidate. A person who declares for or files for any office of the town to be filled by election.
Clear and convincing evidence. Evidence that is legally and factually sufficient such that a fact-
finder could reasonably form a firm belief or conviction that the allegation is true.
Compensation. Any economic benefit received in return for labor, services, property, or
investment.
Economic benefit. Any money, real or personal property, purchase, sale, lease, contract, option,
credit, loan, discount, service, or other tangible or intangible thing of value, whether similar or
dissimilar to those enumerated.
Employee. A person employed by the town, including those individuals on a part-time basis,
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Town of Trophy Club, TX
§ 1.05.003 § 1.05.003
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excluding independent contractors.
Family member. A person related to a town official, candidate, appointee, or employee in the first
degree by consanguinity (blood) or affinity (marriage) as determined under the Texas Government
Code.
Gift. A favor, hospitality, or economic benefit other than compensation but which does not include
campaign contributions reported as required by state law, gifts received from a relative if given on
account of kinship, or any value received by will, intestate succession, or as a distribution from an
inter vivos or testamentary trust established by a spouse or ancestor.
Income. Economic benefit received.
Intentionally. A person acts intentionally, or with intent, with respect to the nature of his conduct
or to a result of his conduct when it is his conscious objective or desire to engage in the conduct
or cause the result.
Knowingly. A person acts knowingly, or with knowledge, with respect to the nature of his conduct
or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that
the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of
his conduct when he is aware that his conduct is reasonably certain to cause the result.
Personal Knowledge. Personal knowledge is knowledge gained by the complainant only through
direct firsthand observation or the complainant’s own direct sensory experience, and does not
include a belief based on what someone else, other than the person who is the subject of the
complaint, has said or done.
Substantial interest.
(1) A person has a substantial interest in a business entity if:
(A) The interest is ownership of ten percent or more of the voting stock or shares of the
business entity or ownership of either ten percent or more or $5,000.00 or more of
the fair market value of the business entity;
(B) Funds received by the person from the business entity exceed ten percent of the
person’s gross income for the previous year;
(C) The person holds a position of member of the board of directors or other governing
board of the business entity;
(D) The person serves as an elected officer of the business entity;
(E) The person is an employee of the business entity;
(F) The person is a creditor, debtor or guarantor of the business entity in the amount of
$5,000.00 or more; or
(G) Property of the person has been pledged to the business entity or is subject to a lien
in favor of the business entity in the amount of $5,000.00 or more.
(2) A person does not have a substantial interest in a business entity if:
(A) The person holds a position as a member of the board of directors or other
governing board of a business entity or governmental body;
(B) The person has been designated by the town council to serve on such board;
Formatted: Underline
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Town of Trophy Club, TX
§ 1.05.003 § 1.05.003
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(C) The person receives no remuneration, either directly or indirectly, for his or her
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Town of Trophy Club, TX
§ 1.05.003 § 1.05.004
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service on such board; and
(D) The primary nature of the business entity is either charitable, nonprofit or
governmental.
(3) A person has a substantial interest in real property if the interest is an equitable or legal
ownership interest with a fair market value of $2,500.00 or more.
(4) A person has a substantial interest under this article if the person’s family member has
a substantial interest under this article.
Town official. The mayor, members of the town council, the town manager, the town attorney, the
town secretary, judges of the municipal court, and individuals acting in the capacity of the
aforementioned persons.
(Ordinance 2011-03, sec. 2 (17.03), adopted 2/7/11)
§ 1.05.004. Standards of conduct; prohibited acts.
No town official, candidate, appointee or employee, or their family member shall knowingly or
intentionally:
(1) Accept or solicit any gift, favor, service or thing of value from any person, group or business
entity, including a promise of future employment, that might reasonably tend to influence him
in the discharge of his official duties or that the town official, candidate, appointee or
employee knows or should know is being offered with the intent to influence the official
conduct of the town official, candidate, appointee or employee. This prohibition shall not
apply to:
(A) An occasional non-pecuniary gift, insignificant in value that is less than fifty dollars
($50.00);;
(B) An award publicly presented in recognition of public service;
(C) Any gift which would have been offered or given to the town official, candidate,
appointee or employee or a family member if he were not a town official, candidate,
appointee, employee, or family member; or
(D) Any travel and related expenses to attend ceremonial functions, provided that such
acceptance and attendance have been approved by the town council prior to the
occurrence of the ceremonial function.
(E) Awards, grants, scholarships, or similar gifts related to training, licensing, or education
offered by non-profit organizations to a group of employees, excluding the Town
Manager, and including employees’ family members where all members of the
employee group have equal opportunity to apply or be nominated for and receive the
award, grant, scholarship, or similar gift. Awards, grants, scholarships, or similar gifts
offered under this exception must be approved by the town manager prior to receipt by
the employee or employee’s family member. Any such award, grant, scholarship, or
similar gift shall be shared publicly with the Town Council during a Town Council
Meeting.
(D)
(2) Grant in the discharge of his official duties any improper favor, service or thing of value to
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Town of Trophy Club, TX
§ 1.05.003 § 1.05.004
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any person, group or business entity.
(3) Disclose any confidential information gained by reason of the position of the town official,
candidate, appointee or employee concerning property, operations, policies or affairs of the
town, or use such confidential information to advance any personal interest, financial or
otherwise, of such town official, candidate, appointee or employee, family members or third
parties. This subsection shall not preclude disclosure of such confidential information in
connection with any investigation or proceeding regarding whether there has been a violation
of the standards of conduct set forth in this article.
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Town of Trophy Club, TX
§ 1.05.004 § 1.05.005
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(4) Use one’s position or office of employment or town facilities, personnel, equipment or
supplies to secure special privileges or exemptions for himself, family members or third
parties or for the private gain of the town official, candidate, appointee, employee, or his
family members or third parties.
(5) Engage in any exchange, purchase or sale of property, goods or services with the town, except:
(A) Rendering services to the town as a town official, candidate, appointee or employee;
(B) Paying taxes, fines, or utility service or filing fees;
(C) Executing and performing any developer’s agreement or plat in compliance with laws
and regulations applicable to any person; provided, however, that if any town ordinance,
rule or regulation allows any discretion by the appropriate town official, appointee or
employee in the interpretation or enforcement of such ordinance, rule or regulation, any
such discretion shall be exercised in favor of the town in connection with any such
developer’s agreement or plat;
(D) Appointees who are not also town officials or employees of the town may engage in any
exchange, purchase or sale of property, goods or services with the town, or enter into a
contract with the town, provided that the board on which they are a member has no
advisory function, involvement, or decision-making authority, either direct or indirect,
present or prospective, with respect to the transaction in which such appointee engages
or proposes to engage.
(6) Hold himself out as representing the town in any capacity other than that for which he was
appointed, elected or hired.
(7) Engage in or accept private employment or render a service when such employment or service
is incompatible with the proper discharge of his official duties or would tend to impair his
independent judgment in the performance of official duties.
(8) Make or permit the unauthorized use of town-owned vehicles, equipment, materials or
property.
(9) Grant any special consideration, treatment or advantage to any citizen beyond that which is
available to every other citizen.
(10) After termination of service or employment with the town, appear before any board or
commission of the town in relation to any case, proceeding or application in which he
personally participated or which was under his active consideration during the period of his
service or employment.
(11) Transact any business in his official capacity with the town with a business entity in which
he has a substantial interest.
(12) Perform or refuse to perform any act in order to deliberately thwart the execution of town
ordinances, rules or regulations or the achievement of official town programs.
(Ordinance 2011-03, sec. 2 (17.04), adopted 2/7/11)
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Town of Trophy Club, TX
§ 1.05.005 § 1.05.005
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§ 1.05.005. Disclosure of interest; abstention from voting.
(a) Vote not allowed. Except as expressly provided in subsection (b) of this section, if a town
official, candidate, appointee or employee has a substantial interest in a business entity or
real property involved in a matter pending before such town official, candidate, appointee or
employee, or the body of which he is a member, such town official, candidate, appointee or
employee shall disclose such interest as provided in subsection (c) of this section and shall
not vote or discuss the substance of the matter at any time with any other member of the
board of which he is a member or any other body which will vote on or otherwise
participate in the consideration of the matter.
(b) Vote allowed. If any of the following interests are involved in any matter pending before
any town official, candidate, appointee or employee, or the body of which he is a member,
such town official, candidate, appointee or employee shall disclose such interest as provided
in subsection (c) of this section, but he shall be permitted to vote on and participate in the
consideration of such matter:
(1) A matter concerning a bank or other financial institution from which the town official,
candidate, appointee or employee has a home mortgage, automobile loan, or other
installment loan, if the loan is not currently in default, was originally for a term of more
than two (2) years and cannot be accelerated except for failure to make payments
according to the terms thereof:
(2) A matter concerning a bank or other financial institution in which the town official,
candidate, appointee or employee holds a savings account, checking account or
certificate of deposit and which is fully insured by the U.S. government or an agency
thereof;
(3) A matter concerning a business entity with which the town official, candidate, appointee
or employee has a retail or credit card account;
(4) A matter concerning the approval of substitution of collateral by a town depository bank;
(5) A matter concerning real property or a business entity in which the town official,
candidate, appointee or employee has a substantial interest if the action on the matter
would not have a special economic effect on the value of the property or business entity,
distinguishable from the effect on the public.
(c) Affidavit and reporting requirement. A town official, appointee or employee shall disclose
the existence of a substantial interest in a business entity or real property involved in any
matter pending before such town official, appointee or employee, or the body of which he is
a member or serves as the staff liaison. To comply with subsection (a) of this section, a
town official, appointee or employee shall, prior to any discussion or determination of the
matter, file an affidavit of disclosure as required by section 171.004 of the Texas Local
Government Code, as amended, with the town secretary. To comply with subsection (b) of
this section, a town official, employee or appointee shall publicly disclose in the official
minutes of the body the nature of his interest. To comply with subsection (b) of this section,
an employee shall notify the town manager or his designee in writing of the nature of any
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Town of Trophy Club, TX
§ 1.05.005 § 1.05.006
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substantial interest that he or a family member has in a business entity or real property
which would be affected by an exercise of discretionary authority by the employee and such
matter shall be regulated in accordance with town policies and procedures.
(Ordinance 2011-03, sec. 2 (17.05), adopted 2/7/11)
§ 1.05.006. Ethics review commission.
(a) Established. An ethics review commission (commission) is hereby established to be
composed of five (5) members and two (2) alternate members, all of whom shall reside in
the town and shall be appointed by majority vote of the town council.
(b) Appointment to positions. Each commission member shall occupy a position on
the commission, such positions being numbered 1 through 5.
(c) Term of office. The commission members shall be appointed to two (2) year staggered
terms. Position 1 shall serve an implementation term that shall expire on September 30th of
2016 and shall expire thereafter in even-numbered years. The term for position 2 shall also
expire in even-numbered years. The term for each alternate member and position 3 shall
expire in odd-numbered years. No member shall serve for more than two (2) consecutive
full terms. Implementation terms shall not be counted as full terms.
(d) Vacancies. All vacancies shall be filled for the unexpired term. A member shall hold office
until his successor has been appointed by the town council and shall continue to hold office
after his successor has been appointed by the town council for the limited purpose of the
disposition of all complaints filed during that member’s term. No new member may
participate in a decision regarding a complaint filed prior to the expiration of the previous
member’s term, but new members shall accomplish the duties of office with respect to all
complaints filed after the previous member’s term.
(e) Chairman and vice-chairman. The commission shall elect a chairman and a vice-chairman
to serve one (1) year terms. The vice-chairman shall act as chairman in the absence of the
chairman.
(f) Quorum. Four (4) members of the commission shall constitute a quorum, and no action of
the commission shall be of any force or effect unless it is adopted by the favorable vote of
three (3) or more members.
(g) Meetings. The commission shall meet at least once a year to review this article and
may make recommendations to the town council for amendments hereto.
(h) Issuance of advisory opinions. The commission shall render advisory opinions on
potential conflicts of interest or violation of this article at the request of a town official,
candidate or, appointee or employee subject to the terms of this article. Such advisory
opinion shall be rendered within a reasonable time, but in no event later than thirty (30)
business days after a request is received by the commission. A copy of an advisory opinion
issued to an employee shall be forwarded to the town manager. A copy of an advisory
opinions issued to an appointee shall be forwarded to the town council.
(i) Advisory opinion as defense. It shall be a defense to an alleged violation of this article that
the person accused previously requested an advisory opinion of the commission and acted
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on such opinion in good faith, unless material facts were omitted or misstated by the person
requesting the opinion. Such advisory opinion shall also be binding on the commission in
any subsequent charges concerning the person requesting the opinion.
(j) Legal counsel. The town attorney or independent legal counsel shall be utilized to advise
the commission and participate in hearings. The town council shall annually designate and
retain independent counsel, who shall be a duly licensed attorney in the state.
(k) Jurisdiction. The commission shall have jurisdiction to review and make findings
concerning an alleged violations of this article by a person subject to its provisionsby town
officials, candidates, and appointees, if a written complaint meeting the requirements set
forth herein is timely filed in accordance with section 1.05.007(c) of this article. The town
manager shall have jurisdiction to review and make findings concerning alleged violations
of this article by employees.
(Ordinance 2011-03, sec. 2 (17.06), adopted 2/7/11; Ordinance 2015-28 adopted 9/22/15;
Ordinance 2021-23 adopted 10/11/21)
§ 1.05.007. Disposition of alleged violations.
(a) Form and contents of complaint. In order to file a complaint under this article, a
complainant shall submit a written sworn complaint to the town secretary, which shall be
notarized and shall be in the form specified below. A sworn complaint shall be based upon
personal knowledge, shall allege a violation of this article, shall specify the provision(s) of
this article alleged to have been violated, and shall name the town official, candidate,
appointee, or employee being charged.
THE STATE OF TEXAS:
COUNTY OF DENTON:
TO: THE ETHICS REVIEW COMMISSION (OR THE TOWN MANAGER IF A
COMPLAINT AGAINST AN EMPLOYEE) OF THE TOWN OF TROPHY CLUB,
TEXAS:
COMES NOW (complainant), and makes this complaint, UPON HIS/HER PERSONAL
KNOWLEDGE AND UNDER OATH against (name of person complained against), and
would show the Commission that: On or about the day of , ,
(insert date of the action, or omission, complained of) , (name of person complained
against) a/an (insert appropriate designation; Town Official, Candidate, Appointee, or
Employee) of the Town of Trophy Club, Texas, violated the following provision(s) of Code
of Ethics and Conduct Ordinance, Town of Trophy Club, Texas, to wit: (specify by section,
subsection and paragraph number the provision(s) alleged violated) by committing the
following act, or omission, to wit:
By the making and filing of this affidavit, I certify under oath that the statements contained
herein are true and correct.
(Original signature and executed notary block must be included.)
(b) Consideration of complaints. Upon the filing of a written sworn complaint meeting all
requirements of this section, the commission shall consider possible violations of this article
by town officials, candidates, and appointees and employees. The town manager shall
consider possible violations of this article by town employees and former town employees.
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(c) Timely filing required. As a condition precedent to commission consideration of a
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complaint, such complaint shall be timely filed. A complaint alleging a violation of this
article shall be filed with the town secretary within one (1) year after the date of the alleged
violation in order to be considered timely. If a violation results in either a civil or criminal
charge, the timely filing deadline shall be extended to within one (1) year after the date of
adjudication of the civil or criminal complaint. It shall be the responsibility of the
complainant to furnish evidence of such civil or criminal complaint at the time of filing.
Each of the following complaints shall be deemed untimely filed and shall be returned to
the complainant:
(1) A complaint alleging a violation that occurred before the effective date of this article;
(2) A complaint alleging a violation that occurred more than one (1) year before the date
that the complaint is filed; and
(3) A complaint filed within the period beginning on the 60th day prior to the first date of
early voting for a town election and ending on the later of the regular election date or
runoff election date for such election.
(d) False statements notification. The town secretary shall, in writing, advise the person filing
a complaint that falsely accusing someone of a violation of this article may result in
criminal prosecution, under penalty of perjury, of anyone who knowingly makes a false
accusation. The town secretary shall, in writing, advise the person charged in the complaint
that falsely responding to a complaint may result in criminal prosecution, under penalty of
perjury, of anyone who knowingly makes a false response.
(e) Processing of complaint. Complaints shall be processed as follows:
(1) Acknowledgement of receipt; distribution of copies. Not later than three (3) business
days after the town secretary receives a sworn complaint, the town secretary shall
acknowledge the receipt of the complaint to the complainant, and, if the complaint is
timely filed, shall provide a copy of the complaint to the town attorney or independent
counsel and the person complained against. If a complaint is not timely filed, it shall be
returned to the complainant.
(2) Attorney preliminary review. Within seven ten (710) business days of receipt by the
town attorney or independent counsel of a complaint determined by the town
secretary to have been timely filed, the town attorney or independent counsel shall
review the complaint to determine whether the complaint is sufficient as to form,
including, but not limited to, determining whether the complainant has Personal
Knowledge, and whether the complaint alleges sufficient facts which if accepted as
true would constitute a prima facie violation of this article. Further, the complaint
shall be reviewed for compliance with subsection (l) of this section.
(A) Sufficient complaint. If the town attorney or independent counsel finds that the
complaint is both sufficient as to form, that the complainant has Personal
Knowledge, and accepting the facts alleged as true for the limited purpose of a
threshold review, finds that the allegations would constitute a prima facie
violation of this article, the complaint shall be forwarded to the commission if
the complaint is against a town official, candidate, or appointee. The complaint
shall be forwarded to the town manager if the complaint is against a town
employee or former town employee. The town manager shall adhere to the
town’s administrative procedures and policies for reviewing complaints against
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town employees or former employees and any resulting disciplinary or criminal
actions.
(B) Insufficient or ineligible complaint. If the town attorney or independent
counsel finds that the complaint is either insufficient as to form, or Personal
Knowledge, or, accepting the facts alleged as true for the limited purpose of a
threshold review, finds that the allegations would not constitute a prima facie
violation of this article, the town attorney or independent counsel shall notify
the town council, the commission, the town manager, the complainant and the
person complained against of this determination, and
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shall return the complaint to the complainant. Further, if the town attorney or
independent counsel determines that the commission is prohibited from
entertaining a complaint under the conditions set forth in subsection (l) of this
section, the town attorney or independent counsel shall notify the town council,
the commission, the town manager, the complainant and the person complained
against of this determination, and shall immediately return the complaint to the
complainant.
(3) Notification of hearing date. Not later than ten fifteen (1015) business days after the
commission receives a complaint forwarded by the town attorney or independent
counsel, the commission shall notify in writing both the person who made the
complaint and the person complained against of a date for a preliminary hearing. If
the commission does not hold a preliminary hearing within twenty thirty (2030)
business days of its receipt of the complaint, it shall notify the person who made the
complaint and the person complained against of the reasons for the delay and shall
subsequently give the appropriate notifications to all parties.
(f) Complaint filed by commissioner. A complaint filed by an individual member of the
commission shall be deemed to have been filed in the commission member’s capacity as a
private citizen and, in such event, the member of the commission filing the complaint shall
not thereafter participate in any commission meeting at which such complaint is considered
except as the complainant.
(g) Communications of commission members. After a complaint has been filed and during the
pendency of a complaint before the commission, a member of the commission may not
communicate directly or indirectly with any party or person about any issue of fact or law
regarding the complaint, except at a meeting of the commission; provided that a member
may consult with the attorney or the town manager or his designee for the commission as to
process, procedure and legal issues. Ex parte communications by or to members of the
commission are prohibited.
(h) Disclosure of information prohibited. No town official, candidate, appointee, or employee
shall reveal information relating to the filing or processing of a complaint, except as
required for the performance of official duties or as required by law. All papers and
communications relating to a complaint shall be treated as confidential unless required to be
made public under the Public Information Act, court order, or other applicable law.
(i) Preliminary hearing. A preliminary hearing shall be conducted in accordance with
the following:
(1) As soon as reasonably possible, but in no event more than sixty (60) business days after
receiving a complaint, the commission shall conduct a preliminary hearing. The issue at
a preliminary hearing shall be the existence of reasonable grounds to believe that a
violation of this article has occurred. The person filing a complaint shall state the alleged
violation and shall describe in narrative form the testimony and other evidence which
would be presented to prove the alleged violation as stated in the written complaint.
Statements at a preliminary hearing shall be under oath, but there shall be no cross-
examination or requests for persons or evidence issued for the hearing. Members of the
commission may question the complainant, the independent counsel for the commission,
or the town official, candidate, or appointee or employee named in the
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complaint. The town official, candidate, or appointee or employee named in the
complaint may not be compelled to give evidence or testimony that violates his right
against self- incrimination under the United States or the state constitution.
(2) The town official, candidate, or appointee or employee named in the complaint shall
have the opportunity to respond, but is not required to attend or make any statement. The
town official, candidate, or appointee or employee may describe in narrative form the
testimony and other evidence which would be presented to disprove the alleged violation.
(3) The complainant and the town official, candidate, or appointee or employee named in
the complaint shall have the right of representation by counsel paid for at his own
expense.
(4) At the conclusion of the preliminary hearing, the commission shall decide whether a
final hearing should be held. If the commission determines that there are reasonable
grounds to believe that a violation of this article has occurred, it shall schedule a final
hearing. If the commission does not determine that there are reasonable grounds to
believe that a violation of this article has occurred, the complaint shall be automatically
dismissed. A decision to conduct a final hearing is not a finding that a violation has
occurred. Notwithstanding the foregoing, the commission may proceed to determine the
appropriate sanction if the charged town official, candidate or, appointee, or employee
does not object and admits the charged violation, and the commission determines that
there are no fact issues to be resolved.
(5) At the preliminary hearing or at least fifteen (15) business days prior to the final hearing,
the complainant, the town official, candidate, or appointee or employee named in the
complaint may request that the commission summon certain persons and evidence for a
final hearing, if one is scheduled.
(j) Final hearing. A final hearing shall be conducted in accordance with the following:
(1) The final hearing shall be held as expeditiously as possible following the preliminary
hearing at which a determination was made by the commission that there are reasonable
grounds to believe that a violation of this article occurred, but in no event shall it be held
scheduled more than thirty (30) business days after such determination. The commission
may grant two (2) postponements of the final hearing, not to exceed fifteen (15) business
days each, upon the request of the town official, candidate, or appointee or employee
named in the complaint.
(2) The issue at a final hearing shall be whether a violation of this article has occurred. The
commission shall make its determination based on a clear and convincing evidence
standard of proof. Parties to the proceeding may present testimony and evidence at the
final hearing. All witnesses shall make their statements under oath. If the commission
determines that a violation has occurred, it shall state its findings in writing, shall identify
the particular provision(s) of this article which have been violated, and within five (5)
business days shall deliver a copy of its findings to the complainant, if any, the person
named in the complaint and the town secretary.
(3) If a complaint proceeds to a final hearing, the commission shall summon in writing
witnesses for which it has received a written request from the complainant or from the
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town official, candidate, or appointee or employee named in the complaint, provided
that the requesting party shows good cause for the request and the request is timely
submitted in accordance with subsection (i)(5) of this section. Such written summons
shall be served by a constable at least ten (10) business days before the date of the final
hearing. Additionally, the commission may administer oaths and affirmations and
receive testimony and evidence presented at the final hearing. It shall be a violation of
this article for a person to fail to appear and testify before the commission in response
to a written summons served ten (10) business days or more prior to the scheduled time
and date of final hearing. Notwithstanding the foregoing, no town official, candidate,
or appointee or employee named in a complaint or witness may be compelled to give
evidence or testimony that violates his/her right against self-incrimination under the
United States or the state constitution.
(k) Sanctions. The following sanctions are available:
(1) If the commission determines that a violation of this article has occurred, it shall proceed
directly to determination of the appropriate sanction(s). A violation of this article shall
not be subject to criminal penalties under the town Code of Ordinances, except for those
instances specifically provided for in section 1.05.011 of this article. The commission
may receive additional testimony or statements before determining sanctions, but is not
required to do so. If the town official, candidate, or appointee or employee named in the
complaint acted in reliance upon a written opinion of the town attorney, the commission
shall consider that fact.
(2) If the commission determines that a violation of this article has occurred, it shall take
the following actions:
(A) If the person who committed the violation is a current employee under the
jurisdiction of the town manager, the matter shall be referred to the town manager.
(B)(A) If the person who committed the violation is the town manager, town
attorney, town secretary, or a judge of the municipal court, the matter will be
referred to the town council.
(C)(B) If the person who committed the violation is a town council member, a
candidate, an appointee, or a former town official, or a former town employee, the
the matter will be referred to the town council.
(3) When referring a matter under subsection (k)(2) of this section, the commission may
impose or recommend the following sanctions:
(A) Letter of notification. A letter of notification may be recommended when the
commission finds that a violation of this article was clearly unintentional or when
the action or conduct found to have been a violation of this article was performed
by the town official, candidate, or appointee, or employee in reliance on a public
written opinion of the town attorney. A letter of notification must advise the town
official, candidate, or appointee, or employee to whom the letter is directed of
any steps to be taken to avoid future violations.
(B) Letter of admonition. A letter of admonition may be recommended when the
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commission finds that the violation of this article was minor and/or may have
been unintentional, but where the circumstances call for a more substantial
response than a letter of notification.
(C) Reprimand. A reprimand may be recommended when the commission finds that a
violation of this article was committed intentionally or through disregard of this
article. A recommended reprimand directed to an employee shall be forwarded to
the town manager. The town manager may also elect to discipline the employee in
accordance with town personnel rules and procedures. A letter of reprimand
directed to an elected town official shall also be transmitted to the town secretary
and published in the official newspaper of the town.
(D) Removal or suspension from employment.A recommendation of removal from
employment or a recommendation of suspension from employment, as well as a
recommendation for length of suspension, shall be the appropriate sanction when
the commission finds that a serious or repeated violation(s) of this article has been
committed intentionally or through culpable disregard of this article by town
employees. The final discretion to carry out such recommendations to remove or
suspend from employment and the length of suspension shall be with the town
manager. The town manager may also elect to discipline the employee in
accordance with town policies and procedures.
(E)(D) Censure, recall or removal from office or appointment. A letter of
censure, a recommendation of recall, or a recommendation to institute
proceedings for removal from office or appointment shall be the appropriate
sanction when the commission finds that a serious or repeated violation(s) of this
article has been committed intentionally or through culpable disregard of this
article by an elected town official or appointed member. A letter of censure, a
recommendation of recall, or a recommendation to institute proceedings for
removal from office directed to an elected town official or appointed member
shall also be transmitted to the town secretary and published in the official
newspaper of the town. The town council and citizens of the town may take
actions in accordance with the town charter. Any proceedings for removal from
office shall be in compliance with provisions of the town charter and state law.
(l) Dismissal of complaint. If the complaint is dismissed because the evidence failed to
establish a violation of this article, the commission shall issue a letter of dismissal or
finding, and shall not entertain any other similar complaint based on substantially the same
evidence.
(Ordinance 2011-03, sec. 2 (17.07), adopted 2/7/11)
§ 1.05.008. Request for review of allegations.
Any town official, candidate, or appointee or employee against whom public allegations of ethics
violations have been made in the media or elsewhere has the right to file a sworn statement
with the town secretary affirming their innocence, and to request the commission to review the
allegations and make known its findings.
(Ordinance 2011-03, sec. 2 (17.08), adopted 2/7/11)
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§ 1.05.009. Culpability.
To commit a violation under any provision of this article, a person must have acted or failed to act
knowingly or intentionally.
(Ordinance 2011-03, sec. 2 (17.09), adopted 2/7/11)
§ 1.05.010. False complaintsVexatious Complainants.
The commission may find that a complainant is vexatious if the commission finds there is not
reasonable probability that the complainant will prevail against the town official, candidate, or
appointee and that: In the event a complaint is received by the commission that is subsequently
found to be baseless, and the commission deems that the complaint was filed with the intent to:
(1) Harass the person named in the complaintThe complainant, in the seven-year period
immediately preceding the date of filing a complaint with the commission, has filed at least
three (3) complaints resulting in no violations being found by the commission and found to be
frivolous or groundless under the conditions of this article; or
(2) Damage a person’s reputationThe complainant, in the three-year period immediately preceding
the date of filing a complaint with the commission, has filed a similar or substantially similar
complaint resulting in no violations being found by the commission and found to be frivolous
or groundless under the conditions of this article.;
(3) Benefit the person filing the complaint, or a third party, either personally, professionally or
politically; or
(4) Damage a related third party;
The commission may take action to determine a person who has filed a complaint as outlined
herein is a vexatious complainant. A person who has been determined by the commission to be
a vexatious complainant shall be prohibited from submitting a complaint under this article for a
period of three (3) years as of the date of the commission’s decision. Any pending complaint(s)
filed by the vexatious complainant as of the date of the commission’s decision shall be
dismissed by the commission. the commission may recommend the town attorney cause a
complaint to be filed against such person in the municipal court. The town council or town
manager, as appropriate, may take disciplinary action(s) against the individual who filed the
complaint, including but not limited to disciplinary action if such complainant is an employee,
appointee, or town official as allowed by personnel policies, ordinance, state law or the town
charter. The commission may also recommend other action(s) be taken.
(Ordinance 2011-03, sec. 2 (17.10), adopted 2/7/11)
§ 1.05.011. Penalties.
(a) It shall be unlawful and shall be a class C misdemeanor for any person to knowingly or
intentionally violate section 1.05.007(d),or 1.05.007(j)(3), or 1.05.010 of this article, and any
person found guilty of such violation shall be fined, upon conviction, not less than one dollar
($1.00) nor more than two thousand dollars ($2,000.00) for each offense. Such penalty shall
be in addition to all the other remedies provided herein.
(b) A person who knowingly files a false sworn statement under this article may be subject to
criminal prosecution for perjury under the laws of the state.
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(Ordinance 2011-03, sec. 2 (17.11), adopted 2/7/11)
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