07.29.2025 Ethics Review Commission Agenda Packet
TOWN OF TROPHY CLUB
ETHICS REVIEW COMMISSION
MEETING
AGENDA
1 Trophy Wood Drive
Trophy Club, Texas 76262
July 29, 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 June 17, 2025, Ethics 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.
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:
July 22, 2025, at 4:15 p.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.
Tammy Dixon, Town Secretary
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ETHICS REVIEW COMMISSION
COMMUNICATION
MEETING DATE: July 29, 2025
FROM: Tammy Dixon, Town Secretary
AGENDA ITEM: Consider approval of the June 17, 2025, Ethics Commission meeting minutes.
(Tammy Dixon, Town Secretary).
BACKGROUND/SUMMARY: The Ethics Commission held a meeting on June 17, 2025.
BOARD REVIEW/CITIZEN FEEDBACK: N/A
FISCAL IMPACT: N/A
LEGAL REVIEW: N/A
ATTACHMENTS:
1. 06.17.2025 Minutes
ACTIONS/OPTIONS:
Move to approve the June 17, 2025, Ethics Commission meeting minutes.
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Town of Trophy Ethics Review Commission Meeting Minutes
June 17, 2025, 6:00 p.m., Regular Meeting
1 Trophy Wood Drive, Trophy Club, Texas 76262
CALL TO ORDER
Vice Chair Olson called the meeting to order at 6:05 p.m.
ETHICS REVIEW COMMISSION MEMBERS PRESENT
Jennifer Olson, Vice Chair
Amy Mancuso
Julie Edwards
Mindi Bone
STAFF PRESENT
Brandon Wright, Town Manager
Dean Roggia, Town Attorney
Tammy Dixon, Town Secretary
PUBLIC COMMENTS
There were none.
REGULAR ITEMS
1. Consider the appointment of the Chair; and if needed, the appointment of the Vice Chair.
Town Manager Brandon Wright explained Jackie Ross resigned from the Commission to
accept an employment position with the Town of Trophy Club.
Commissioner Edwards moved to appoint Jennifer Olson as Chair. Commissioner Bone
seconded the motion.
VOTE ON THE MOTION
AYES: Olson, Mancuso, Edwards, Bone
NAYES: None
VOTE: 4-0
Commissioner Olson moved to appoint Mindi Bone as Vice Chair. Commissioner Mancuso
seconded the motion.
VOTE ON THE MOTION
AYES: Olson, Mancuso, Edwards, Bone
NAYES: None
VOTE: 4-0
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ERC Meeting Minutes – June 17, 2025 Page 2
2. Consider approval of the May 13, 2025, Ethics Commission meeting minutes. (Tammy
Dixon, Town Secretary).
Commissioner Edwards moved to approve the May 13, 2025, meeting minutes. Vice Chair
Bone seconded the motion.
VOTE ON THE MOTION
AYES: Olson, Mancuso, Edwards, Bone
NAYES: None
VOTE: 4-0
3. 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)
The Commission reviewed proposed amendments to the Town’s Ethics Ordinance as
follows:
• Section 1.05.004: Defined “insignificant value” for gifts as less than $50. Expanded
educational/training gift exceptions with specific limitations and disclosure requirements.
• Section 1.05.006: Clarified jurisdiction; ethics complaints regarding employees are
handled administratively by the Town Manager, not the Commission.
• Section 1.05.007: Strengthened complaint screening process and notification procedures;
extended filing deadlines for complaints arising from civil/criminal proceedings (up to
three years maximum); clarified requirements for personal knowledge.
• Section 1.05.009: Removed “knowingly and intentionally” standard for determining
violations in certain contexts.
• Section 1.05.010: Established criteria and consequences for identifying vexatious
complainants, including a three-year ban after repeated frivolous or repetitive complaints.
• Section 1.05.011 (Penalties): The Commission discussed concerns about enforceability,
legal interpretation, and potential effect on valid complaints.
Chair Olson moved to strike Section 1.05.011 entirely from the ordinance. Vice Chair Bone
seconded the motion.
VOTE ON THE MOTION
AYES: Olson, Mancuso, Edwards, Bone
NAYES: None
VOTE: 4-0
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ERC Meeting Minutes – June 17, 2025 Page 3
Commissioner Edwards moved to recommend forwarding all proposed changes, as
amended (including the removal of Section 1.05.011), to the Town Council for consideration. Vice
Chair Bone seconded the motion.
ADOURN
Chair Olson adjourned the meeting at 6:43 p.m.
_____________________________
Jennifer Olson, Chair
ATTEST:
___________________________
Town Secretary
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ETHICS REVIEW COMMISSION
COMMUNICATION
MEETING DATE: July 29, 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: Article 1.05.006(g) of the Trophy Club Code of Ordinances states
that the Ethics Review Commission shall meet at least once a year to review Article 1.05 Code
of Ethics and Conduct and may make recommendations to the Town Council for amendments
thereto. The Ethcis Review Commission met on October 29, 2024; April 1, 2025; May 13, 2025;
and June 17, 2025 to discuss potential recommended changes to Article 1.05. At the June 17,
2025 meeting, the Ethics Review Commission unanimously voted to recommend various
amendments to the Town Code of Ordinances Article 1.05 Code of Ethics and Conduct. The
subject areas recommended for change included 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 Town employees. At the
July 14, 2025 Town Council Meeting, the Town Council reviewed the recommended changes
and referred the matter back to the Ethics Review Commission for further consideration of
Article 1.05.004(1)(E).
New Article 1.05.004(1)(E) adds an exception for prohibited acts to include an exception for
awards, grants, scholarships, or similar gifts related to training, licensing, or education from
nonprofit organizations limited to Town employees (excluding the Town Manager) and their
families. The Town Council debated the limitation of one award per employee, including that
employee's family members, every four years and a requirement for a blind-selection process.
While no conclusion was reached based on Council discussion, the Council voted unanimously
to refer the item back to the Ethics Review Commission for further discussion and
recommendation.
BOARD REVIEW/CITIZEN FEEDBACK: The Town Council referred changes to Article 1.05 Code
of Ethics and Conduct back to the Ethics Review Commission for further debate and
consideration of Article 1.05.004(1)(E).
FISCAL IMPACT: N/A
LEGAL REVIEW: Town Attorney, Dean Roggia, has reviewed the draft changes to Article 1.05
Code of Ethics and Conduct.
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ATTACHMENTS:
1. Redlined Ordinance
ACTIONS/OPTIONS:
Staff recommends that the Ethics Review Commission discuss changes to Article 1.05 Code of
Ethics and Conduct and provide a recommendation to the Trophy Club Town Council.
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Page 1
ORDINANCE NO. ________________
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING CHAPTER 1 “GENERAL PROVISIONS,” ARTICLE 1.05
“CODE OF ETHICS AND CONDUCT,” OF THE CODE OF ORDINANCES,
TOWN OF TROPHY CLUB, TEXAS, IN ITS ENTIRETY; PROVIDING
THIS ORDINANCE IS CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas (the “Town”) is a home rule municipality
empowered to do all acts and make all regulations which may be necessary or expedient for the
promotion of the public health, safety, and general welfare; and
WHEREAS, Section 11.14 of the Town Charter requires the Town Council to adopt a
Code of Ethics and Conduct and establishes the Ethics Commission; and
WHEREAS, the Town Council previously adopted a Code of Ethics and Conduct, and the
Ethics Commission reviewed the Code of Ethics and Conduct in one or more meetings, which
were open to the general public as required by the Texas Open Meetings Act, and the Ethics
Commission has recommended certain revisions to the Code of Ethics and Conduct; and
WHEREAS, the Town Council has considered the recommendations of the Ethics
Commission and now desires to amend the Code of Ethics and Conduct, as provided herein, in
exercise of its legislative authority and governmental functions, and in the best interest of the
public health, safety, and general welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, THAT:
SECTION 1.
INCORPORATION OF PREMISES
All of the premises and recitals above are true and correct and are hereby incorporated in
the body of this Ordinance as if fully set forth herein.
SECTION 2.
AMENDMENT
Chapter 1 “General Provisions,” Article 1.05 “Code of Ethics and Conduct” of the Code
of Ordinances, Town of Trophy Club, Texas (the “Code”) is hereby amended and replaced in its
entirety to read as follows:
“ARTICLE 1.05 CODE OF ETHICS AND CONDUCT
§ 1.05.001 Policy; applicability.
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(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.
§ 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.
(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:
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(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.
§ 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.
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Employee. A person employed by the town, including those individuals on a part-time basis,
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
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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;
(C) The person receives no remuneration, either directly or indirectly, for his
or her 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.
§ 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
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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 that is
restricted to a group of town 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. A limit of one (1) award, grant, scholarship, or
similar gift related to training, licensing, or education every four (4)
years shall be offered to any individual employee including that
employee’s family members. For example, a scholarship offered and
accepted by an employee’s child shall prohibit that child as well as the
employee and employee’s family members from receiving another
award, grant, scholarship, or similar gift from that same non-profit
organization for a period of four (4) years. The town manager has the
authority to reject any award, grant, scholarship, or similar gift given by
a non-profit organization to a town employee or employee’s family
member.
(2) Grant in the discharge of his official duties any improper favor, service or thing
of value to 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.
(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:
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(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.
§ 1.05.005 Disclosure of interest; abstention from voting.
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(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
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town manager or his designee in writing of the nature of any 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.
§ 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
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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 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 mayshall
annually designate and retain independent counsel, who shall be a duly licensed
attorney in the state.
(k) AuthorityJurisdiction. The commission shall have jurisdiction authority 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 jurisdictionauthority to review and make
findings concerning alleged violations of this article by employees.
§ 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. If a filed complaint fails to
meet these standards, the town secretary shall return the complaint to the complainant
and a copy of the complaint to the person complained against. The town secretary
shall outline which provision(s) of this article have not been satisfied to accept a valid
complaint.
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:
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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 timely 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.
(c) Timely filing required. As a condition precedent to commission consideration of a
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 complaint is based on
information obtained through either a civil proceeding or criminal charge, the timely
filing deadline shall be extended to within one (1) year after the date that thea civil
proceeding or criminal complaintcharge has been filed in court. It shall be the
responsibility of the complainant to furnish evidence of such civil proceeding or
criminal complaint at the time of filing a complaint under this article. However, in no
case shall a complaint be timely filed if the complaint alleging a violation of this article
be considered timely filed if it is filed more than three (3) years after the date of the
alleged violation was committed. 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;
(3) Aor complaint based on information obtained through either a civil proceeding
or criminal charge that is filed more than one (1) year afterbefore the date that
thea civil proceeding or criminal charge complaint has beenwas filed in court
but in no case more than three (3) years before the alleged violation ; and
(2)(4) A complaint filed more than three (3) years after the date the alleged violation
was committed, if the complaint is based on information obtained through either
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a civil proceeding or criminal charge; and
(3)(5) 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. If a complaint is timely filed and satisfies the
requirements of section 1.05.007(a), tThe 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 also, in writing, send a
copy of the written complaint to the person charged in the complaint, and 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 and satisfies the requirements of section
1.05.007(a), the town secretary 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 , and a copy
of the complaint shall be sent to the person complained against.
(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 satisfy the requirements of section 1.05.007(a) and 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 s (al)
through (c) 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 and the person complained against 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
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shall adhere to the town’s administrative procedures and policies for
reviewing complaints against 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 the complainant lacks 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 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,
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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 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
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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 request
in writing witnesses for which it has received a written request from the
complainant or from the 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. The request shall be made by certified mail,
with return receipt requested, at least ten (10) business days before the date of
the final hearing. 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 or refuse to appear and testify before the commission in response
to a written requestsummons 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
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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 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.
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(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. A complaint shall also be dismissed if it was filed by a person
determined to be a vexatious complainant as outlined in Section 1.05.010.
§ 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.
§ 1.05.009 Reserved.Culpability.
To commit a violation under any provision of this article, a person must have acted or failed to act
knowingly or intentionally.
§ 1.05.010 False complaintsVexatious Complainants.
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(a) The commission may find that a complainant is vexatious if the commission finds there
is not reasonable probability that the complaint has merit 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 reputation.
(3) (b) 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 automatically 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.
§ 1.05.011 Reserved.” 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), 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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SECTION 3.
CUMULATIVE
This Ordinance shall be cumulative of all other provisions of ordinances of the Town,
except where the provisions of this Ordinance are in direct conflict with the provisions of such
ordinances, in which event the conflicting provisions of such ordinances are hereby repealed.
SECTION 4.
SEVERABILITY
It is hereby declared to be the intention of the Town Council that the sections, paragraphs,
sentences, clauses, and phrases of this Ordinance are severable, and if any section, paragraph,
sentence, clause, or phrase of this Ordinance shall be declared unconstitutional by a valid judgment
or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of
the remaining sections, paragraphs, sentences, clauses, or phrases of this Ordinance; since the same
would have been enacted by the Town Council without the incorporation in this Ordinance of any
such unconstitutional section, paragraph, sentence, clause, or phrase.
SECTION 5.
EFFECTIVE DATE
This Ordinance shall be in full force and effect from and after its date of passage, and it is
so ordained.
PASSED AND APPROVED by the Town of Trophy Club, Texas, this the 14th day of July,
2025.
Jeannette Tiffany, Mayor
ATTEST:
Tammy Dixon, Town Secretary
APPROVED AS TO FORM:
Dean Roggia, Town Attorney
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