Agenda Packet TC 08/03/2009 - SupplementRTMOS
energy
David J. Park
Vice President
Rates & Reoulatory Affairs
July 23, 2009
City Official
Re: Rider GCR - Rate Filing under Docket No. 9762
Enclosed is Atmos Energy Corp., Mid -Tex Division's Statement of Rider GCR
applicable for the August 2009. billing periods. This Statement details the gas cost
component of the residential, commercial, and industrial sales rates for customers
within your city. This filing is for informative proposes only and no action is required
on your city's part.
Should you have any questions, please let me know.
Sincerely,
Attachment
Atmos Energy Corporation
5420 LBJ Freeway, Suite 1862
Dallas, TX 75240
P 214-206-2568 F 214-206-2126 David.Park@atmosenergy.com
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COUNCIL GOVERNANCF. POLICY
AND RULES OF PROCEDURES
SECTION XI — CODE OF ETIRICS
11.1 Code of Ethics
The office of an elected official is one of trust and service to the citizens of
Carrollton. This position creates a special responsibility for the Carrollton City
Council member. The professional and personal conduct of members must be above
reproach and avoid even the appearance of impropriety. In an effort to further these
objectives, certain ethical principles- shall govern the conduct of every
Councilmember, who shall:
a Be dedicated to the highest ideals of honor and integrity in all public and
personal relationships so that every member may merit the respect and
confidence of the citizens of Carrollton;
o Recognize that the chief, function of local government at all times is to serve
the best interest of all the people. Members shall respect the confidentiality of
information concerning the property, personnel or affairs of the City. They
shall neither disclose confidential information without proper legal
authorizations, nor use such information to advance their personal, financial or
other private interests. Members shall not use public resources not available to
the public in general, such as city staff time, equipment, supplies or facilities,
for private gain or personal purposes;
Be dedicated to public service by being cooperative and constructive, and by
making the best and most clIlcient use of available resources;
Not take any special advantage of service:; or opportunities Ior personal gain,
by virtue of their tnrblic office that is not available to the public in general.
They shall refrain from accepting any gifts, favors or promises of future
benefits, which compromise their independence of jttdg1ne1lt or action or give
the appearance of being compromised;
o Assure their independence and impartiality on behalf of the common good.
Members shall not use their official positions to influence government
positions, which may give the appearance of conflict of interest. Members
shall represent the official policie or positions or the City Council, board or
commission to the best of their ability when designated as delegates for this
purpose. When presenting their individual opinions and positions, members
shall explicitly state they do not represent their body or the City of Ca1TolltOn,
nor will they allow the inference that they do;
In accordance with the state la\v, members shall disclose investments. interests
in real properly, sources of income, and gifts; and they shall abstain from
participating in deliberations and decision -making where conflicts may exist;
Recognize that public and political policy decisions, based on established
values, are ultimately file responsibility of the City Council;
® Respect and adhere to the Council -Manager structure of Carrollton City
government as outlined by the Carrollton City Charter.
m Because of the value of the independent advice of boards and commissions to
the public decision -making proce.s:,j refrain from using their position to unduly
influence the deliberations or outcomes of board of commission proceedings;
Support the maintenance of a positive and constructive work place
environment for city employees and for citizens and businesses dealing with
the City. Member; shrill recognize their special role in dealings with city
employees and in no way create the perception of inappropriate direction to
staff.
/v
ORDINANCE NO. 017112
AN ORDINANCE AMENDING TITLE 2 (ADMINISTRATION AND
PERSONNEL), CHAPTER 2.92 (ETHICS); TO AMEND SECTIONS
2.92.010 THROUGH 2.92.090 AND SECTION 2.92.150; TO ADD NEW
DEFINITIONS AND STANDARDS OF CONDUCT, REVISE THE
DUTIES AND PROCEDURES OF THE ETHICS REVIEW
COMMISSION, REVISE THE PROCESS FOR RECEIVING AND
REPORTING GIFTS, CREATE RESTRICTIONS FOR OFFICERS AND
EMPLOYEES LEAVING CITY SERVICE, REVISE THE COMPLAINT
PROCESS, AND CREATE ADDITIONAL VIOLATIONS; THE
PENALTY BEING AS PROVIDED IN SECTIONS 2.92.150 AND 1.08.010
-1.08.030 OF THE EL PASO CITY CODE.
WHEREAS, in 2007, the voters of the City added provisions in the Charter relating
to the Ethics Review Commission and conferred duties upon the Commission; and
WHEREAS, the City Council requested a complete review of the City's Ethics
Ordinance by the Council Rules Legislative Review Committee and the Ethics Review
Commission; and
WHEREAS, the Ethics Review Commission presented a draft of extensive revisions
to the Council Rules Legislative Review Committee on March 11, 2009, which made a
detailed review of the recommendations.
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NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF EL PASO, TEXAS:
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Section 1. That Section 2.92.010 (Policy) of the El Paso City Code, is amended to
read as follows:
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2.92.010 Policy and Purpose
A. All city officers and employees have a fiduciary duty to the citizens of the city to be
ethical in fulfilling the responsibilities of their positions. At the very least, being ethical
includes being disposed to comply with all laws that apply to one's position.
B. Ethical conduct is motivated by sources inside and outside the law. The Texas local
government, Election and Penal Codes regulate aspects.of the conduct of city officers and
employees. However, as ethical conduct is more than complying with state codes, the city
strongly encourages all of its officers and employees to maintain the highest personal
values and standards. While it is impossible to establish specific and exhaustive standards
for all situations, the standards established in this chapter are minimum standards below
which no city officer or employee's conduct should fall. This chapter has the following
Purposes:
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1. To establish an ethics review commission;
2. To maintain and improve standards of public service;
3. To improve public confidence in the integrity of city government;
4. To provide a process by which officers and employees may identify and resolve ethical
issues;
5. To avoid conflicts between the personal interest and the public responsibilities of city
officers and employees;
6. To establish minimum standards of conduct to be adhered to by city officers and
employees;
7. To require disclosure of private financial interests by certain individuals;
S. To require reporting of certain gifts received by certain individuals;
9. To provide for complaints and resolution of ethical issues and concerns; and
10. To provide penalties for failure to adhere to the minimum standards set forth in this
chapter.
C. This chapter is cumulative of and supplemental to all applicable provisions of the city
charter, other city ordinances, and state and federal laws and regulations. Compliance
with this chapter does not excuse or relieve any person from any obligation imposed by
the city charter, other city ordinances, or state or federal laws or regulations.
D. The city attorney's office shall prepare, maintain and make available a chart that
summarizes the application of the various obligations imposed by this chapter and the
charter on officers and employees.
Section 2. That Section 2.92.020 (Purpose) of the El Paso City Code, is amended to
read as follows;
2.92.020 Definitions.
For the purposes of this chapter, the following definitions shall apply. Terms not
defined in this chapter, but defined in the Texas Election Code, shall have the meanings
assigned to them in the Texas Election Code.
"Affinity" means that two individuals are related to each other by affinity if they are
married to each other, or the spouse of one of the individuals is related by consanguinity
to the other individual. The ending of a marriage by divorce or the death of a spouse
ends relationships by affimity created by that marriage unless a child of that marriage is
living, in which case the marriage is considered to continue as long as a child of that
marriage lives. An individual's relatives within the third degree by affinity are anyone
related by consanguinity to the individual's spouse in one of the ways named in the
definition of consanguinity in this section; and the spouse of anyone related to the
individual by consanguinity in one of the ways named in the definition of consanguinity
in this section.
"Board" means a board, commission or committee:
1. Which is established to participate in some manner in the conduct of city government,
including participation which is merely advisory, whether established by city ordinance
or city charter, Interlocal contract, state law or any other lawful means; and
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2. Any part of whose membership is appointed by the city council, but does not include a
board, commission, or committee, which is the governing body of a separate subdivision
of the state.
3. The city clerk shall maintain one or more lists of the boards whose members are
subject to the various provisions contained in this chapter, and such lists shall be made
available to the public during working hours upon request or be posted on the city's
website.
"Business days" means the weekdays excluding city holidays.
"Candidate" means a candidate for an elected office of the city of El Paso. All references
to candidate shall include the candidate's principal campaign committee, whether or not
the candidate acts as treasurer for reporting purposes.
"City resources" means any city asset, including but not limited to facilities, equipment,
supplies, software, and personnel services.
"Confidential information" means any written information that could be excepted from
disclosure pursuant to the Texas Public Information Act, if such disclosure has not been
authorized; or any non -written information which, if it were written, could be excepted
from disclosure under that Act, unless disclosure has been authorized.
"Consanguinity" means that two individuals are related to each other if one is a
descendant of the other, or they share a common ancestor. An adopted child is
considered to be a child of the adoptive parent for this purpose. An individual's relatives
within the third degree by consanguinity are the individual's parent or child (relatives in
the first degree); brother, sister, grandparent, or grandchild (relatives in the second
degree); and great-grandparent, great-grandchild, aunt who is a sister of a parent of the
individual, uncle who is a brother of a parent of the individual, nephew who is a child of
a brother or sister of the individual, or niece who is a child of a brother or sister of the
individual (relatives in the third degree).
"Contribution" means a direct or indirect transfer of money, goods, services, or any other
thing of value and includes an agreement made or other obligation incurred, whether
legally enforceable or not, to make a transfer. The term includes a loan or extension of
credit, other than those expressly excluded by the Texas Election Code, and a guarantee
of a loan or extension of credit. The term does not include an expenditure required to be
reported under Section 35.006(b), Texas Government Code. In -kind expenses, as defined
in this section, is not a contribution.
"Contributor" means a person making a contribution and the parson's spouse.
"Employee" means a person employed and paid a salary by the city whether under civil
service or not, including those individuals on a part-time basis and including those
officially selected for employment but not yet serving; but does not include an
independent contractor or city council member. For purposes of this ordinance and for no
other purpose, the term employee includes volunteers.
"Ex parte communications" means a communication made at a time other than during a
public meeting of the ethics review commission, a commission panel, or the city council,
excluding documents or information submitted pursuant to the requirements of this
chapter and any correspondence or other communications sent to the city attorney.
"Gi$" means any gift, benefit or other economic gain or economic advantage to an
officer or employee or to a relative of an officer or employee.
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"In -kind expenses" means the value of personal services provided without compensation
by any individual who volunteers on behalf of a candidate or political committee and
incidental vehicular travel expenses incurred in conjunction with the provision of the
personal services.
"Negotiating concerning prospective employment" means a discussion between a city
officer or employee and another employer concerning the possibility of the city officer or
employee considering or accepting employment with the employer, in which discussion
the city officer or employee responds in a positive way.
"Officeholder" means the incumbent holding an elected city office.
"Officer" means a member of the city council and any member of a board appointed by
the city council.. It includes any member of a board that functions only in an advisory or
study capacity.
"Official city business" means a purpose or function related to the duties or activities of
office or employment.
"Person" means an individual, corporation, partnership, labor union or labor organization,
or any unincorporated association, firm, committee, club, or other organization or group
of persons, excluding a political committee organized pursuant to the Texas Election
Code.
"Political committee" means a specific purpose political committee or a general purpose
political committee as those terms are defined in the Texas Election Code.
"Public event, appearances or ceremonies" means those functions, activities and
ceremonies conducted by or for the benefit of any governmental entity; a function,
activity or ceremony conducted by a non-profit corporation or similar organization
formed for educational, scientific, community -betterment or economic development
purposes which relates to the purpose for which the non-profit corporation or
organization was formed; or a function, activity or ceremony which honors or recognizes
the accomplishments of a political, prominent or public figure.
"Quasi-judicial proceeding" means by hearing or proceeding held by a public
administrative officer, to include but not be limited to a hearing officer, arbitrator or
administrative law judge, who is required to hear or investigate facts and to draw
conclusions from them as a basis for his or her official action and to exercise discretion of
a judicial nature.
"Relative" means a person who is related to an officer or employee as spouse or as any of
the following, whether by marriage, blood or adoption: parent, child, brother, sister, aunt,
uncle, niece, nephew, grandparent, grandchild, father-in-law, mother-in-law, son-in-law,
daughter-in-law, stepfather, stepmother, stepson, step son-in-law, stepdaughter, step
daughter-in-law, stepbrother, stepsister, half-brother, half-sister, brother-in-law or sister-
in-law.
"Volunteer" means an individual who provides services to the city without any
expectation of compensation or financial gain and without receiving any compensation or
financial gain.
Section 3. That Section 2.92.030 (Definitions) of the El Paso City Code, is amended
to read as follows:
546797 vl - Ord-09/Ethics ordinance revisions/Chupter2.92
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2.92.030 Ethics review commission.
A. Ethics Review Commission Established. In order to assist the city council, an ethics
review commission of nine members is hereby established.
B. Mission. The ethics review commission shall serve as an advisory body to the mayor
and city council on matters concerning ethics in government of the city.
C. Membership.
1. All members of the ethics review commission shall be residents of the city. No
member shall be a city employee, hold any city elected office or be a candidate for
any city elected office. A member may contribute to a city political campaign, but to
the extent this prohibition is consistent with the charter, no member shall participate
in any city political campaign or in a campaign relating to a city referendum or other
ballot issue.
2. No member of the ethics review commission shall be related within the third
degree of consanguinity or within the third degree of affinity to a member of the city
council or the city manager.
3. Members shall be appointed for a two-year period, except that appointments made
to fill vacancies created during a term shall be for the remainder of the term. The term
of office for each below designated appointee shall commence on February 21 st and
shall terminate on February 20th at the conclusion of the respective term. Terms shall
be staggered in the following manner:
Mayor's appointee ..........terms expire in even numbered years
District 1 appointee terms expire in even -numbered years
District 2 appointee ..........terms expire in odd -numbered years
District 3 appointee ..........terms expire in even -numbered years
District 4 appointee ..........terms expire in odd -numbered years
District 5 appointee ..........terms expire in odd -numbered years
District 6 appointee ..........terms expire in even -numbered years
District 7 appointee ..........terms expire in even -numbered years
District 8 appointee ..........terms expire in odd -numbered years
D. Procedures.
1. The ethics review commnission shall each year at the first meeting held on or after
April 151, select from among its members a chair and a vice -chair, and shall adopt,
subject to the approval of city council, such rules governing its proceedings as it may
deem proper. Such rules and regulations must be consistent with the city charter and
ordinances of the city and shall parallel, to the extent possible, the rules adopted by
city council to govern its own meetings.
2. Upon the adoption of this ordinance and thereafter each year at the time of the
selection of the chair and vice -chair, the chair will make panel assignments. In the
event of vacancies or absences on one or more panels, the chair may make
reassignments as needed so that each panel has no fewer than three members of the
commission. The chair shall designate the order of the rotation of the panels for
hearing matters under this chapter.
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3. The ethics review commission shall be assigned staff by the city manager to assist
in its duties, as the city manager deems necessary. In order to carry out the
responsibilities of the office of the city attorney under section 2.92.080 of this code in
a situation as to when a complaint will be heard by the ethics commission as a whole,
an independent outside attorney shall be retained at the request of the city attorney
when the commission will hear an alleged violation of this chapter by a member of
the city council, and may be retained when otherwise requested by the city attorney.
The city attorney shall review any requests made,by the ethics review commission for
the appointment of independent legal counsel regarding a particular matter before the
commission and when appropriate, seek the retention of such counsel in conformity
with the provisions of this code and the obligations placed on the attorney by the
Texas Disciplinary Rules of Professional Conduct.
B. Duties. The ethics review commission shall meet as necessary to accomplish the
following duties. For the purposes of conducting meetings, a quorum shall consist of five
members of the Commission.
1. Oversee all ethics matters and assist the city council in resolving ethical issues.
2. Review, evaluate and provide recommendations on issues as requested by the city
council.
3. Provide recommendations for the city council regarding orientation programs or
procedures for officers and volunteers focusing on education of the importance of
ethics in city government and on the provisions of this chapter.
4. Provide information to the community on ethics in city government, as may be
necessary for the promotion of the public trust.
5. Issue advisory opinions, as provided by charter in the manner set forth in
subsection F below.
6. Review, evaluate and issue determinations, impose sanctions and provide
recommendations to the city council on complaints.
7. Provide information on the disposition of specific issues by referring to minutes of
commission meetings and ethics review commission reports.
S. Periodically review and propose changes to this chapter and the forms utilized
pursuant thereto.
9. Develop guidelines and procedures to promote compliance with this chapter.
10. Prepare written annual reports for the city council. Submit additional reports as
needed.
F. Advisory opinions.
1. By written request to the city attorney, any officer may request an advisory opinion
regarding whether his own proposed actions or conduct would violate this chapter. The
city manager may also request an advisory opinion regarding the proposed actions or
conduct of one or more employees. Such requests shall be submitted in writing to the
city attorney. Within 30 days of receipt, the city attorney shall call a meeting of a panel
of the ethics review commission in the same manner as provided in section 2.92.080 H
of this code, for the purpose of addressing the request. The panel shall, with all due
diligence, meet and confer to issue an advisory opinion; provided however, the panel
may, for good cause shown, decline to issue an advisory opinion, or the panel may refer
the matter to the commission as a whole.
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2. Reliance. A person who reasonably and in good faith acts in accordance with a
written advisory opinion issued by the ethics review commission or one of its panels
may not be found to have violated this chapter by engaging in conduct approved in the
advisory opinion, if:
a, the person requested the issuance of the opinion; or
b. the city manager disseminated the advisory opinion to city employees with the
intention that employees may rely on the opinion with respect to the identical
conduct or actions addressed in the opinion; and
c. the request for an opinion fairly and accurately disclosed all relevant facts
necessary to render the opinion.
Section 4. That Section 2.92.040 (Ethics review commission) of the E1 Paso City
Code, is amended to read as follows:
2.92.040 Gifts.
A. General Rule. An officer or employee shall not solicit, accept, or agree to accept for
themselves or a relative, the following:
1. any gift, of which the known or readily apparent value for each separate gift,
exceeds seventy-five ($75) dollars in value;
2. any gift that might reasonably tend to influence them to act improperly in the
discharge of official duties, or reasonably tend to improperly reward official
conduct; or
3. any gift from any lobbyist registered under chapter 2.94 of this code, of which the
known or readily apparent value for each separate gift exceeds ten ($10) dollars in
value.
B. Special Applications. Subsection A above does not include:
1. Political contributions made or received and reported in accordance with law;
2. Awards, such as plaques, certificates, trophies or personalized mementos, which are
reasonable in light of the occasion and publicly presented in recognition of public
service;
3. A gift conferred on account of kinship or a personal, professional, or business
relationship independent of the official status of the recipient;
4. Gifts or other tokens of recognition presented by representatives of governmental
bodies or political subdivisions who are acting in their official capacities which are
accepted for the city or in conjunction with the officeholder duties of an elected
official;
5. Commercially reasonable loans made to an officer or employee in the ordinary
course of the lender's business;
6. Complimentary copies of trade publications;
7. Reasonable hosting, including travel and expenses, entertainment, meals or
refreshments furnished in connection with public events, appearances or ceremonies
related to official city business, if furnished by the sponsor of such public event; or
in connection with attending seminars or workshops, speaking engagements,
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teaching, or rendering other public assistance to an organization or another
governmental entity;
8. An honorarium, transportation or lodging, the acceptance of which is not prohibited
under Sections 36.07 and 36.08, Texas Penal Code;
9. A ticket or admission pass, regardless of the actual or fact value of the ticket or
admission pass, to an event that is sponsored or conducted by the City;
10. A ticket or admission pass, regardless of the actual or face value of the ticket or
admission pass, to an event in which the officer or employee is participating in
connection with official duties or in which the officer or employee is participating in
connection with his spouse's or child's position or duties, provided that the receipt
of such ticket is reported as a reportable gift if such reporting is required under
section 2.92.070 B 2 of this code; and
11. Any solicitation for civic or charitable causes, or admission to a charity event
provided by the sponsor of the event, where the offer is unsolicited by the officer or
employee.
Section 5. That Section 2.92.050 (Standards of conduct) of the El Paso City Code, is
amended to read as follows:
2.92.050 Standards of conduct.
Officers or employees:
A. Shall not solicit, accept, or agree to accept any gift contrary to the provisions
contained in section 2.92.040 of this code;
B. Shall not use their official positions improperly to secure unwarranted privileges or
exemptions for themselves, relatives, or others. This provision does not preclude officers
or employees from acting in any manner consistent with their official duties or from
zealously providing public services to anyone who is entitled to them;
C. Shall not participate in making or influencing any city governmental decision or action
in which they know that they have any financial interest distinguishable from that of the
public generally or from that of other city officers or employees generally;
D. Shall not give reasonable basis by their conduct for the impression that any person can
improperly influence, or unduly enjoy their favor in, the performance of their official
duties, or that they are unduly affected by the kinship, rank, position or influence of any
person;
E. Shall not use his or her position to secure official information about any person or
entity for any purpose other than the performance of official responsibilities;
F. Shall not use or disclose, other than in the performance of their official duties or as
may be required by law, confidential information gained in the course of or by reason of
their positions. This provision applies to former officers and employees as well as to
current ones;
G. Shall not knowingly perform or refuse to perform any act in order to deliberately
thwart the execution of the city ordinances, rules or regulations or the achievement of
official city programs;
H. Shall not utilize city resources or by omission allow city resources to be utilized for
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personal benefit or the personal benefit of any other person or entity, except to the extent
that the benefit received is strictly incidental to the performance of official duties, or to
the extent that the person is entitled by law to obtain public services from the city;
I. Shall not transact any business (other than ministerial acts) on behalf of the city with
any business entity of which they are officers, agents or members, or in which they have
a financial interest. In the event such a circumstance arises, then they shall make known
their interest, and:
1. In the case of an officer, abstain from voting on the matter and refrain from
discussion of the matter at any time with the other members of the body of which he
or she is a member and with any other person or body in city government which may
consider the matter; and
2. In the case of an employee, disclose the matter to an appropriate administrative
authority within city government so that reassignment or other suitable action may be
taken to remove the employee from any further involvement in the matter;
J. Shall not personally provide services for compensation, directly or indirectly, to a
person or organization who is requesting an approval, investigation, or determination
from the body or department of which the officer or employee is a member. This
restriction does not apply to outside employment of an officer if the employment is the
officers primary source of income;
K. Shall not accept other employment or engage in outside activities incompatible with
the full and proper discharge of their duties and responsibilities with the city, or which
might impair their independent judgment in the performance of their public duty;
L. Shall not personally participate in a decision in a matter if the officer or employee is
negotiating or has an arrangement concerning prospective employment with a person or
organization that has a financial interest in a matter under consideration by or within the
jurisdiction of the city, and in the,case of an employee if it has been determined by the
city manager that a conflict of interest exists. For purposes of this section, the term
"decision" shall mean a decision, approval, disapproval, recommendation, investigation
or rendering of advice, and the term "matter" shall include but not be limited to a matter,
proceeding, application, request for ruling or determination, contract or claim which
involves the city. In such instance, the officer or employee shall:
1. In the case of an employee, immediately notify the official responsible for
appointment to his or her position of the nature of the negotiation or arrangement and,
if the city manager determines that a conflict of interest exists, follow the instructions
of the city manager with regard to further involvement in the matter; or
2. In the case of a board member, immediately notify the board of which he or she is a
member of the nature of the negotiation or arrangement and:
a. Refrain from discussing the matter at any time with other board members or
members of the city council if the city council will also consider the matter; and
b. Abstain from voting on the matter; or
3. In the case of a member of the city council, file an affidavit with the city clerk
describing the nature of the negotiation or arrangement and:
a. Refrain from discussing the matter at any time with other council members or
members of a board that will consider the matter; and
b. Abstain from voting on the matter;
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M. Shall not receive any fee or compensation for their services as officers or employees
of the city from any source other than the city, except as may be otherwise provided by
law. This shall not prohibit their performing the same or other services for a public or
private organization that they perform for the city if there is no conflict with their city
duties and responsibilities;
N. Shall not, in the case of an employee, recklessly disregard the established practices or
policies of the city relating to the duties assigned to the employee;
0. Shall not, in the case of a member of the city council or an employee, personally
represent or appear in behalf of the private interest of another before the city council, or
any city board or department; or, if the represented person's interest is adverse to that of
the city, represent any person:
1. In any quasi-judicial proceeding involving the city; or
2. In any judicial proceeding to which the city is a party; provided that nothing in this
subsection shall preclude:
a. A city council member from speaking or appearing without compensation
before the city council or any board or department on behalf of constituents in the
course of his or her duties as an elected official;
b. Any employee from performing the duties of his or her employment;
c. Any employee from appearing before the city council or any city board or
department, in a manner consistent with other city policies and rules, to discuss
any general city policies or public issues, including the presentation of viewpoints
or petitions of other employees; or
d. A city council member or an employee from testifying as a witness under
subpoena in a judicial or quasi-judicial proceeding; and
P. Shall not, in the case of a board member, personally represent or appear in behalf of
the private interests of another:
1. Before the board of which he or she is a member;
2. Before the city council unless the board member discloses his or her status as a
board member to the council and the representation or appearance does not relate to a
matter that was heard or decided by the board of which the board member is a
member or a board that has appellate jurisdiction over the board of which the board
member is a member;
3. Before a board which has appellate jurisdiction over the board of which he or she is
a member; or
4. In a judicial or quasi-judicial proceeding to which the city or an employee of the
city is a party, if the interest of the person being represented is adverse to that of the
city or an employee of the city and the subject of the proceeding involves the board
on which the board member is serving or the department providing support services
to that board.
. Section 6. That Section 2.92.060 (Restrictions) of the El Paso City Code, is
amended to read as follows:
2.92.060 Restrictions.
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A. An officer, or an employee in a position which involves significant reporting,
decision -making, advisory, or supervisory responsibility, who leaves the service or
employment of the city shall not, during the twenty-four months after leaving the service
or employment of the city, engage in lobbying activities as a registered lobbyist as
regulated in Chapter 2.94 of this Code, or represent any other person or organization in
any formal or informal appearance before the city council or a city board or department.
Provided however, the prohibition in this subsection pertaining to appearances before the
city council or a city board or department shall not apply to a former board member
except when the former board member represents any other person or organization before
the board of which he had been a member and any subsequent appearance before a board
with appellate jurisdiction or the city -council-on -the same matter.or issue.
B. Former officers and employees shall not use for their personal benefit and shall not
disclose, except as may be required by law, confidential information gained in the course
of or by reason of their positions. This provision shall not prohibit the disclosure of any
such information to incumbent city officers or employees to whose duties such
information may be pertinent.
C. A person shall not, during the twelve (12) months after having served on and left the
Civil Service Commission, represent any classified employee of the City before the Civil
Service Commission or before a Hearing Officer appointed by the Civil Service
Commission on a disciplinary matter or grievance. Further, a person after leaving the
Civil Service Commission, shall not represent an employee on any matter before the Civil
Service. Commission or a Hearing Officer appointed by the Civil Service Commission
that was before the Civil Service Commission during the time that such person served on
the Civil Service Commission.
D. A person shall not, during the twelve (12) months after having served on and left the
Civil Service Commission, be appointed as a Hearing Officer for the Civil Service
Commission.
E. A person appointed as a Hearing Officer for the Civil Service Commission shall not
during the time of service and for twelve (12) months after having so served represent any
classified employee of the City before the Civil Service Commission or before a Hearing
Officer appointed by the Civil Service Commission on a disciplinary matter or grievance. A
former Hearing Officer appointed by the Civil Service Commission shall not represent a
classified employee on any matter before the Civil Service Commission or a Hearing
Officer appointed by the Civil Service Commission that was before such person during the
time he served as a Hearing Officer.
Section 7. That Section 2.92.070 (Reporting requirements) of the El Paso City
Code, is amended to read as follows:
2.92.070 Reporting requirements.
A. Financial Disclosure
1. Each officer, excluding elected officials whose financial disclosure requirements are
governed by city charter, and each designated employee as defined in subsection A 2 of
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this section, shall file with the city clerk, within 10 business days after the date of his or
her appointment, selection or approval by the city council, a statement disclosing:
a. Where, by whom and in what specific capacity that person is employed or
self-employed;
b. Membership on boards of directors of corporations, whether organized for
profit or not;
c. Partnership interests; and
d. The name and address of any business in which the person has a financial
investment, and in the case of mutual funds and other similar pooled
investments, the name of the fund or investment. For purposes of this
subsection; a financial investment shall not include .funds on deposit. with
financial institutions such as checking and savings accounts, investments
in United States savings bonds, and similar investments that earn simple,
compounded or money-market interest rates;
unless the person has previously been appointed to a position that requires the filing
of a financial disclosure form and the person already has a current friancial disclosure
form on file with the city clerk.
2. "Designated employee" for purposes under this section, means the city manager,
deputy city managers, all city department heads or directors, and the executive
assistants to the mayor.
3. Each person submitting a statement of financial disclosure required under this section
shall utilize a form provided by the city cleric, which shall be signed and submitted in
hard copy, or submitted electronically or by facsimile as may be provided by the city
clerk. The form or submission process shall provide a means by which the submitter
affirms his or her identity and the accuracy of the statements made therein.
4. No person submitting such a statement of financial disclosure must indicate therein
the extent of financial involvement in any investments.
5. Each person subject to this section shall thereafter file with the city clerk a financial
disclosure statement, between June lst and June 30th of each year while in office or
employed by the city, or at any other time in which the person changes his or her
primary employment or has made changes in financial investments which cumulatively
total more than thirty five percent of the person's total investments. Those persons who
have no changes to report regarding the information required to be reported, may, in lieu
of filing a complete financial disclosure form, file a short form annual report, provided
that they have filed a complete financial disclosure form within the previous five years.
6. Each candidate for elective office and each candidate for appointment as a designated
employee shall be provided with a notice of financial disclosure requirements at the time
of application for such office or employment.
7. The following types of boards are exempt from the financial disclosure requirements
of this chapter:
a. boards whose regulation is pre-empted by federal or state law;
b. boards expressly exempted by the city council for reasons to be stated by the
city council upon granting such exemption.
8. The city clerk shall, no later than August 15th of each year, prepare a report which
notes whether each person subject to the filing requirement of this section has filed the
required financial disclosure statement as of the date of the report. In the event that a
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person subject to the filing requirement has not filed his or her financial disclosure
statement by the date of the completion of the report or in the event that a person fails to
file his or her financial disclosure form within ten business days after the date of their
appointment and they do not already have a current financial disclosure form on file, the
city clerk shall send a written notice by certified mail, return receipt requested, with a
copy sent by regular mail, to the person to advise the person that the clerk's records
indicate that the person is subject to the requirement of this section, the person has not
filed a financial disclosure statement as required by this section and that the person has
fifteen days from the date of the letter to file his or her financial disclosure statement. If
the person is a board member covered under subsection (A)(9)(e) of this section, the city
clerk will also advise. the board .member that the failure to. timely. file the. financial
disclosure statement will result in the automatic removal of that board member from his
or her office. If the person is a designated employee, the city clerk may hand -deliver the
notice required under this section in lieu of mailing it and shall provide a copy of the
notice to the mayor.
9. In the event that a board member fails to file his or her financial disclosure statement
by the deadlines calculated under subsections (A)(1) or (8) of this section, the following
actions will be taken:
a. In the event that the board member is a member of the civil service commission,
the city clerk shall prepare and send a notice of the failure of the civil service
commission member to file a financial disclosure statement to each member of the
city council for their review and consideration regarding the possible removal of the
civil service commission member from office in accordance with Section 6.1-10 of
the city charter.
b. In the event that the board member is a member of the zoning board of
adjustment, the city clerk shall prepare and send a notice of the failure of the zoning
board of adjustment member to file a financial disclosure statement to each member
of the city council for their review and consideration regarding the possible removal
of the zoning board of adjustment member from office in accordance with Section
211.008, Texas Local Govemment Code.
c. In the event that the board member is a member of the public service board other
than the mayor, the city clerk shall prepare and send a notice of the failure of the
public service board member to file a financial disclosure statement to each member
of the city council for their review and consideration regarding the possible removal
of the public service board member from office in accordance with the applicable
removal provisions contained in any pertinent ordinance adopted by the city for the
issuance of water or sewer revenue bonds.
d. In the event that the board member is a member of the El Paso Housing Finance
Corporation, the industrial development authority, or other similar corporation
organized pursuant to state law, the city cleric shall prepare and send a notice of the
failure of the board member to file a financial disclosure statement to each member
of the city council for their review and consideration regarding the possible removal
of the board member from office in accordance with the applicable removal
provisions contained in any articles of agreement or bylaws of the corporation or
statutory provisions.
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e. In the event that the board member is a member of any other city board subject to
the requirement of this section, that board member shall be deemed removed from
office without action or review by the city council. The city clerk shall prepare and
send a notice of the removal to the board member and to the city council member
who had appointed the board member. The removal shall be effective on the date
that the notice is deposited in the United States mail or if not mailed, upon delivery
to the board member.
10. The removal provision established in subsection (A)(9)(e) of this section for the
failure of a board member to file a financial_ disclosure statement shall be in addition to
and shall be controlling over any other city ordinance or city council resolution that
establishes procedures for the removal of board members.
B. Reporting of Gifts.
1. Each officer and designated employee shall keep a written record of all reportable
gifts received during his or her term of office or employment.
2. Such record shall be made for each calendar month. T7ie record shall include a
description of the reportable gift received; the name of the person and organization
giving the reportable gift; the relationship of the donor to the reporter; the value or
estimated value of the reportable gift; and the immediate or intended disposition of
the reportable gift. A reportable gift consisting of a certificate or admission ticket or
pass to a future event or activity shall be deemed to have been received on the date on
which the certificate or admission ticket or pass was received, and if such certificate
or admission ticket or pass must be reported under subsection B 4 d, a statement as to
the duties performed.
3. Such monthly record shall be submitted to the city clerk on the form she provides
no later than the tenth day of the following month for each month during which a
reportable gift is received.
4. "Reportable gifts" for purposes under this section shall mean the following:
a. Any gift that is not covered by the special applications under section 2.92.040
B of this code, has a value of more than ten ($10) dollars, and was conferred on
account of the official status of the recipient or in connection with official city
business, except as provided below in subsections b, c and d;
b. Any hosting, such as travel and expenses, entertainment, meals or refreshments,
that has a value of more than fifty ($50) dollars, other than hosting provided on
account of kinship or a personal, professional, or business relationship
independent of the official status of the recipient;
c. Any award presented in recognition of public service, or an honorarium, with a
value of more than fifty ($50) dollars; and
d. Any tickets or other admission passes to an event with an actual or face value
of more than ten ($10) dollars for all tickets or admission passes to the same event
received at the same time, except for tickets or admission passes provided by the
City for an event that is sponsored or conducted by the City.
5, Any gift, benefit, hosting, honorarium or other economic gain or economic
advantage that is refused and returned to the sender within seventy-two hours of
receipt shall not constitute a reportable gift under this section.
6. Any gift which exceeds seventy-five ($75) dollars in value, which is not covered
by the special applications under Section 2.92.040 B of this code and which is turned
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over to the city manager within seventy-two hours of receipt for acceptance as a gift
to the city, shall not constitute the acceptance of a gift in violation of section 2.92.050
A of this code, provided that the disposition of such OR is reported on a timely filed
reportable gift form.
7. The city manager, on a monthly basis, shall prepare a report which shall be made
available to the public of all gifts that have been turned over to his office for
acceptance as a gift to the City.
8. For purposes of this section, "honorarium" shall mean a payment, other than
reimbursement for meals, travel or lodging expenses, for services provided in
connection with addressing an audience or engaging in a seminar.
Section 8. That Section 2.92.080 (Complaints —filing —review) of the El Paso City
Code, is amended to read as follows:
2.92.080 Complaints —filing —review.
A. Any person (including a member of the ethics review commission) who believes that
there has been a violation of this chapter may file a sworn complaint with the city cleric to
allege such violations.
B. A person who knowingly makes a false statement in a complaint, or in proceedings
before the ethics review commission, is subject to criminal prosecution for perjury.
C. A complaint filed under this section must be in writing and under oath and must set
forth in simple, concise, and direct statements:
1. The name of the complainant;
2. The street or mailing address and the telephone number of the complainant;
3. The name of each person complained about;
4. The position or title of each person complained about;
5. The nature of the alleged violation, including whenever possible, the specific
provision of this chapter alleged to have been violated;
6. A statement of the facts constituting the alleged violation and the dates on
which or period of time in which the alleged violation occurred; and
7. All documents or other material available to the complainant that are relevant
to the allegation; a list of all documents or other material relevant to the
allegation and available to the complainant but that are not in the possession
of the complainant, including the location of the documents, if known; and a
list of all documents or other material relevant to the allegation but
unavailable to the complainant, including the location of the documents, if
mown.
D. The complaint must be accompanied by an affidavit stating that the information
contained in the complaint is either true and correct or that the complainant has good
reason to believe and does believe that the facts alleged constitute a violation of this
chapter. If the complaint is based on information and belief, the complainant shall state
the source and basis of the information and belief. Each complainant, other than a
member of the ethics review commission, shall swear to the facts by oath before a notary
public or other person authorized by law to administer oaths under penalty of perjury.
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The complaint must state on its face an allegation that, if true, constitutes a violation of
this chapter that is administered and enforced by the commission.
E. A complaint shall be promptly forwarded by the city clerk to the city attorney's office
for review to determine whether the matter described is within the purview of the ethics
review commission; provided however, that a complaint that is not sworn as required by
this section shall not be forwarded by the city clerk to the city attorney's office, but shall
be returned to the complainant.
F. Within fourteen days of the filing of the complaint, the city attorney's office shall
provide a copy of the complaint, this ordinance, and any rules of the ethics review
commission to the respondent and advise the respondent that he may, within seven days
of receipt, respondby sworn writing filed with the city clerk, a copy of which shall be
provided to the respondent and the city attorney's office.
G. Within twenty days of the filing of the complaint, the city attorney's office shall take
one of the following actions:
1. Refer the matter to the ethics review commission if the complaint is filed in
conformity with the requirements of this section and the matter is within the
purview of the ethics review commission;
2. In the event that deficiencies in the complaint are identified that prevent the
city attorney's office from malting a meaningful review of and determination
regarding the appropriate disposition of the complaint, the city attorney's
office may notify the complainant in writing of such deficiencies that could be
capable of correction and request such correction within fifteen days of the
date of the communication to the complainant. The time for action under this
section shall be tolled while the city attorney's office awaits. the complainant's
response, up to a maximum of fifteen days;
3. Dismiss any complaint that does not relate to a person subject to the
jurisdiction of the ethics review commission, or any complaint, that if true as
alleged, would not as a matter of law constitute a violation of this chapter; or
4. Refer complaints that cannot be readily assigned to the ethics review
commission because of deficiencies, complaints that lack specificity in
identifying the alleged violations of this chapter, and complaints that appear to
have been frivolously filed to a panel of the commission.
H. If the matter is referred to a panel under subsection G 4 above, at least three eligible
members of the panel shall meet as soon as practicable to review the complaint. In the
event that at least three eligible members of the panel are unable to schedule and hold a
meeting within thirty days, the city attorney's office shall rotate the panels and schedule
the meeting with the next panel on the list, continuing until such time as the meeting is
scheduled and held. The panel, by majority vote, shall take one of the following actions,
which shall be reported to the ethics review commission at the commission's next
following meeting or at a meeting scheduled pursuant to section 2.92.090 A of this code,
with such report to be reflected in the minutes of the meeting:
1. Review complaints that facially appear to be questionable or deficient for a
determination as to whether just cause exists to proceed with a hearing before
the ethics review commission. "Just cause" means such cause as is found to
exist upon a reasonable inquiry that would induce a reasonably intelligent and
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prudent person to believe that a person has committed an act or acts
constituting an ethical violation under this chapter;
2. Review complaints which do not clearly state alleged violations of this
chapter and make a determination as to the specific identification of the
alleged violations, and if none exist, dismiss the complaint; or
3. Review complaints for a determination as to whether a complaint was
frivolously filed, and if so, dismiss the complaint and refer the matter to the
entire commission, who may issue an appropriate sanction to the complainant
of the type provided for in Section 2.92.090 11, 2 or 3 of this code.
a. For purposes of this subsection, a "frivolous complaint" is a sworn
complaint that is groundless and brought in bad faith or groundless and
brought for the purpose of harassment.
b. In deciding if a complaint is frivolous, the members will determine if
the complaint is groundless, brought in bad faith, or brought for the
purpose of harassment, and may consider:
(1) the nature and type of any publicity surrounding the filing of
the sworn complaint, and the degree of participation by the
complainant in publicizing the fact that a sworn complaint
was filed with the city;
(2) the existence and nature of any relationship between the
respondent and the complainant before the complaint was
filed;
(3) any evidence that the complainant knew or reasonably should
have known that the allegations in the complaint were
groundless; and
(4) any evidence of the complainant's motives in filing the
complaint.
Section 9. That Section 2.92.090 (Complaints —hearing —disposition) of the El
Paso City Code, be added to read as follows:
Section 2.92.090 Complaints —hearing —disposition.
A. If the matter is referred to the ethics review commission as a whole, the commission
will schedule a review of the matter as soon as practicable and shall without delay,
provide copies of the complaint and all relevant documentation to the members of the
commission, the complainant and the respondent. If the matter was referred to the
commission by a panel, the relevant documentation shall include any findings and
determinations of the panel, to include the provisions of this chapter, if any, that were
identified by the panel as having been allegedly violated.
B, For all hearings of either a panel or the entire commission, the person submitting the
complaint and any persons named in the complaint will be sent written notice of the date,
time and place of the meeting by the city attorney's office so that these persons may have
the opportunity to attend the meeting at which the review will take place.
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C. In the event that either the complainant or the respondent, or their attorneys if any, are
unavailable to attend any scheduled hearing of the ethics review commission, they may
request a continuance of the bearing by submitting a written request for a continuance to
the city attorney. The complainant and the respondent (including their attorneys if any)
shall each be entitled to receive one automatic continuance as a matter of right.
Thereafter, any written requests for additional continuances shall be forwarded to the
chair of the commission, who may either make a determination and decision regarding
the request, or submit the request to the commission for the commission's determination
and decision at a scheduled meeting of the commission. The decision to grant a
continuance shall be made upon good cause shown and in the interest of promoting
fairness to all parties; based on the available information.
D. The complainant or respondent or their attorneys, or any witnesses requested to appear
at a hearing, who have questions regarding the conduct of any proceeding before the
ethics review commission or who need to raise any preliminary issue concerning the
conduct of a scheduled hearing, may bring such matters to the attention of the city
attorney. The city attorney or his designee shall resolve such matters to the extent
possible, and if necessary, consult the chair of the commission to detemune the
appropriate resolution, or bring the matter forward to the commission at a scheduled
meeting for a resolution.
E. Only eligible members of the ethics review commission or a panel thereof will hear the
matters presented before them. A member shall not be eligible to hear the issues under
this section or as a member of a panel under section 2.92.080 of this code, and shall
recuse himself in the following situations:
1. Where, because of familial relationship, employment, investments, or
otherwise, his impartiality might reasonably be questioned;
2. When the member initiated the complaint;
3. When the complaint involves the member of the city council who nominated
him for a seat on the ethics review commission;
4. When the complaint involves a member of another city board or commission
on which the ethics review commission member also sits;
5. When the member is not present during one hearing of an investigation or
disposition of a complaint, the member shall recuse himself from further
hearings and matters regarding the complaint and shall cease to be eligible to
participate in the disposition of the complaint.
In the case of a recusal, the ethics review commission member shall abstain from voting
on the matter and refrain from discussion of the matter at any time with the other
members of the ethics review commission.
F. General rules for the conduct of a hearing.
1. The ethics review commission may at the start of a hearing establish time
limits and other rules relating to the participation of any person in the hearing,
subject to the provisions set forth herein. Such time limits and rules shall be
created for the purpose of establishing an orderly and fair hearing process for
all participants, and shall include a determination of the parameters of opening
and closing statements, the roles of the complainant and the respondent,
limitations regarding testimony from non -relevant or cumulative witnesses,
and the presentation and direct questioning of witnesses by the respondent,
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complainant or any attorneys who may be in attendance and representing the
complainant and/or respondent. .
2. The person charged in the complaint (respondent) has the right to attend the "
hearing, the right to make a statement, the right to present witnesses pursuant
to the parameters set by the commission for the hearing, and the right to be
accompanied by legal counsel or another advisor. The legal counsel or other
advisor to the respondent may advise the respondent during the course of the
hearing, but may not speak on behalf of the respondent, except to represent
the respondent while testifying. The respondent, or his legal counsel or other
advisor, may not personally question or cross-examine witnesses, except with
the:permission of the commission. - -
3. The complainant has the right to attend the hearing, the right to make a
statement and offer witnesses, and the right to be accompanied by legal
counsel or another advisor. The legal counsel or other advisor to the
complainant may advise the complainant during the course of the hearing, but
may not speak on behalf of the complainant, except to represent the
complainant while testifying, The complainant, or his legal counsel or other
advisor, may not personally question or cross-examine witnesses, except with
the permission of the commission.
4. As provided by the city charter, the ethics review commission shall have the
authority to request witness testimony and production. The chair or his
designee on behalf of the commission, shall have the authority to request any
and all necessary assistance from the City Council for the purposes of
compelling testimony, including the subpoenaing of witnesses in accordance
with procedures authorized in the city charter and city ordinances, to include
authority to bring such matters forward to the City Council through the
placement of agenda items, as drafted in the proper form by the city attorney
or his designee.
5. The city attorney and his designees shall disclose to the ethics review
commission and provide, to the person charged in the complaint evidence
actually known to the attorneys tending to negate guilt or mitigate the
seriousness of the offense (exculpatory evidence).
6. All witnesses must be swom, and the members of the ethics review
commission or their designees shall conduct questioning of witnesses, or
allow questioning pursuant to the rules created under subsection F 1 above.
7. The ethics review commission is not bound by the rules of evidence, but shall
rely on evidence of which a reasonably prudent person commonly relies in the
conduct of the person's affairs. The commission shall hear evidence relevant
to the allegations and shall not consider hearsay unless it finds the nature of
the information if reliable and useful.
S. A determination that a violation of this chapter has occurred can be made only
upon an affirmative vote of a majority of the ethics review commission
members present and voting; otherwise the complaint must be dismissed. A
finding that a violation occurred must be supported by clear and convincing
evidence. "Clear and convincing evidence" means that measure or degree of
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proof that produces in a person's mind a firm belief or conviction as to the
truth of the allegations sought to be established.
G. After hearing the complaint, the ethics review commission will issue a decision or
recommendation based on the information available to the commission. The ethics review
commission must:
1. Dismiss the complaint or find that no violation of the ordinance occurred, with
the grounds for such dismissal or finding set forth in the report;
2. Find that a violation of this chapter occurred and either find that a sanction is
not appropriate, or take action in accordance with subsections I or J below and
identify the particular provision or provisions determined to have been violated;
3. Recommend to the city council that the city council take up the matter in lieu of
a recommendation for a specific action from the ethics review commission and
identify the reasons for such recommendation in the report. In such case, the city
council may exercise any and all of the duties and responsibilities of the
commission.
H. If after hearing the issues, the ethics review commission dismisses the complaint or
finds that no violation of the ordinance occurred, the commission shall create a written
report of their findings or dismissal, and such report shall be filed with the minutes of the
meeting in the office of the city cleric, and a copy of the report shall be mailed to those
persons who were provided notice of the hearing and be made available on the city's
website for a period of one year.
I. If after hearing the issues, the ethics review commission determines that a violation of
this chapter has occurred, commission may issue any of the sanctions in subsections 1, 2
or 3 below, or recommend the issuance the sanction of removal from office.
1. Letter of Notification. A letter of notification may be issued when the ethics
review commission finds that violation of this chapter was clearly
unintentional or when the action or conduct found to have been a violation of
this chapter was performed by the official in reliance on a written opinion of
the city attorney. A letter of notification may advise the person to whom the
letter is directed of any steps to be taken to avoid future violations.
2. Letter of Admonition. A letter of admonition may be issued when the ethics
review commission finds that the violation of this chapter was minor and/or
may have been unintentional, but where the circumstances call for a more
substantial response than a letter of notification.
3. Letter of Reprimand. A reprimand may be issued when the ethics review
commission finds that a violation of this chapter was committed intentionally
or through disregard of this chapter.
4. Removal from Office. Removal from office may be recommended to the city
council for action when the ethics review commission finds that a serious or
repeated violation of this chapter was committed by an officer intentionally or
through culpable disregard of this chapter.
If the ethics review commission votes to impose a sanction of a letter of
notification, a letter of admonition, or a letter of reprimand, the commission shall prepare
a written report of their findings, which shall be filed with the minutes of the meeting in
the office of the city clerk and be made available'on the city's website for a period of one
046797 vl - Ord-09/Ethics ordinance revisions/Chapter 2.92
Document Author. EHHN
01'7112
20
year. The city attorney shall draft the letter of sanction per the direction of the
commission and mail a copy of the letter to the person receiving the sanction, certified,
return receipt requested.
J. If the ethics review commission recommends the imposition of the sanction of removal
from office, it shall prepare a written report containing its recommendation. The report
will be sent to the city cleric who shall, within fourteen days of receipt, place the matter
on the city council agenda for discussion and action by the city council regarding the
recommendation of the ethics review commission. The final authority to carry out a
recommendation for removal from office shall be with the city council and shall take
place in conformity with any other law or requirements for such removal. The city clerk
shall, within fourteen days of the date of any. city council action taken on a complaint, .
forward a copy of such action to the chair of the ethics review commission.
Section 10. That Section 2.92.150 (Penalty) of the El Paso City Code, is amended to
read as follows:
2.92.150 Penalty.
A. The failure of any officer or employee to comply with this chapter or the violation of
one or more of the standards of conducf set forth in this article, which apply to him or
her, shall constitute grounds for expulsion, reprimand, removal from office or discharge.
In the case of an employee of the city, disciplinary action and appeals therefrom shall be
in conformance with procedures established by the city charter and personnel rules and
regulations. In the case of an officer, the matter shall be decided by the ethics review
commission in accordance with the provisions in Section 2.92.080 or by a vote of the city
council in accordance with the charter or in accordance with applicable state law. The
decision of these bodies shall be final.
B. It shall be unlawful for any person to knowingly violate any provision under Sections
2.92.050(F), 2.92.060 or 2.92.100 of this chapter.
C. It shall be unlawful to engage in any of the following ex parte communications
regarding a complaint filed pursuant to section 2.92.080 of this code:
1. For the complainant, the respondent, or any person acting on their behalf, to
engage or attempt to engage directly or indirectly about the subject matter or
merits of a complaint in ex parte communication with a member of the ethics
review commission, a member of the city council, or any known witness to
the complaint; or
2. For a member of the ethics review commission, to knowingly entertain an ex
parte communication prohibited by subsection C 1 above, or to communicate
about any issue of fact or law relating to the complaint directly or indirectly
with any person other than a member of the ethics review commission or the
city attorney's office.
D. Any offense for a violation of a criminal provision of this chapter shall be separate
from and in addition to any criminal offense under the Texas Election Code.
#46797 vt - Ord-09/Ethics ordinance revisions/Chapter2.92 21
Document Author. EHEN
Section 11. That, except as herein amended, Chapter 2.92 (Ethics), shall remain in full
force and,effect. .
ADOPTED this oe day of April 2009.
— CITY -OF EL PASO.. . .
G�
Jo F. Cook, Mayor
ATTEST:
Richarda Duffy MonAen
City Clerk
APPROVED AS TO FORM:
Elaine S. Hengen
Senior Assistant City A rney
946797 vl - Ord-09/Ethics ordinance revisions/Choptcr 2.92 22
Document Author: EHEN
017112
CITY OF EL PASO ETHICS REVIEW COMMISSION
COMPLAINT FORM
Please refer to the instructions accompanying this form for assistance in filling out this form.
PLEASE TELL US HOW WE 1v1AY CONTACT YOU:
Name: (First. middle and
I Telephone Number: Dav:
THE FOLLOWING INFORMATION PERTAINS TO A MATTER REGARDING AN ETHICAL
ISSUE PERTAINING TO THE OPERATION OF THE CITY OF EL PASO OR THE ETHICAL
OBLIGATIONS IMPOSED ON OFFICERS BY THE CITY'S ETHICS ORDINANCE.
4. Names of other persons with relevant information and their address or position. if known:
5. Please state the ethical issue or policy you seek to have reviewed or which allegedly has been
violated (attach additional pages or relevant documents. if necessary).
5. Please identify any other sources of evidence that you wish the commission to consider:
Date:
The undersigned represents to the Ethics Review Commission that the information contained in
or attached to this Form is true and correct in all respects and that he/she has not been paid or
otherwise improperly induced to submit this Form by any individual or entity.
Signature
For City use only: Received on , by
Complaint no.
Forwarded to Ethics Review Commission -yes _ (date ) no_ by
"47920 vl — Ethics Review Commission CIIIZen Complaint Form with required Affidavit IMun/Ethics complaiM2009
nacumem Author EVEN
INSTRUCTIONS FOR THE, COMPLAINT FORM
INTRODUCTION. The Ethics Review Commission of the City of El Paso exists pursuant to
Chapter 2.92 of the El Paso City Code, and was established for the purpose of acting as an
advisory body to the Mayor and City Council on matters concerning ethics in the government
of the City of El Paso. The Commission is composed of nine citizens. one each appointed by
the Mayor and each City Council member, who serve staggered two-year terns.
The Ethics Review Commission meets monthly, or as necessary, to review matters
presented to it and formulate recommendations to be forwarded to the Mayor and City
Council. The meetings are open to the public.
II. PROCEDURE. Individuals may refer matters to the Ethics Review Commission by
submitting a Compliant Form to the Office of the City Attorney. The Ethics Review
Commission has no jurisdiction or authority to take any action regarding the specific conduct
or actions of a City employee or to act upon complaints that allege criminal violations. If
you wish to make a complaint regarding the conduct or actions of a City employee, you may
do so by submitting a written, notarized complaint to the Civil Service Commission. located
within the Department of Personnel on the third floor of City Hall.
The Office of the City Attorney reviews all forms to determine whether the matter
described is within the jurisdiction of the Ethics Review Commission. You will be notified
in writing as to the action taken with your Complaint Form. and if the matter is referred to
the Commission, it will be scheduled for a Commission meeting. You and every person
named in the complaint will be advised of the date, time and location of the meeting. if it is
determined that the matter is outside of the jurisdiction or authority of the Commission. no
action can or will be taken by the Commission regarding the matter.
If you submit a Complaint Form you may be asked to appear before the Ethics Review
Commission. Additionally, the Chair of the Commission may notify other persons who may be
able to provide relevant information that the matter will be considered by the Commission.
Individuals with information relevant to a matter before the Commission will be recognized at
the meeting, at the discretion of the Chair of the Commission, and if so recognized, allowed to
present their information within the time constraints established by the Chair.
C97820 vl —Ethics Review Commission Citizen Complaint Farm with required Affidavit form/Ehics complaim/2009
Document Author EFIEN
STATE OF TEXAS )
COUNTY OF EL PASO )
AFFIDAVIT ACCOMPANYING THE FILING OF A COMPLAINT UNDER
CHAPTER 2.92 OF THE CITY CODE (ETHICS ORDINANCE)
BEFORE ME, the undersigned authority, personally appeared the person whose name is
written below, being by me duly sworn, deposed as follows:
"My name is . I am over the age of
eighteen (18) years of age, of sound mind. capable of making this affidavit, and personally
acquainted with the facts herein stated:
"1 am filing a complaint pursuant to Section 2.92.080 of the El Paso City Code (Ethics
Ordinance), and 1 hereby swear or affirm that the information contained in said complaint is
either true and correct or that I have good reason to believe and do believe that the facts alleged
therein constitute a violation of Chapter 2.92 of the El Paso City Code."
Further, Affiant sayeth not.
(SIGNATURE)
(PRINT NAME)
SWORN TO AND SUBSCRIBED BEFORE ME. the undersigned authority, by
on this the day of , 20
NOTARY PUBLIC IN AND FOR THE STATE
OF TEXAS
MY COMMISSION EXPIRES:
t147820 vl — Ethics Review Commission Citizen Compluint romt with required Affidavit form/Ethics complaint/2009
Document Author EI]EN
. "E, , vi ..r_
September 9, 2007
DIVISION 1: DECLARATION OF POLICY
SECTION 2-41. STATEMENT OF PURPOSE
SECTION 2-42_ DEFINITIONS
DIVISION 2: PRESENT CITY OFFICIALS AND EMPLOYEES
SECTION -2-43 CONFLICTS OF INTEREST
SECTION 2-44 UNFAIR ADVANCEMENT OF PRIVATE INTERESTS
SECTION 2-45 GIFTS
SECTION 2-46 CONFIDENTIAL_ INFORMATION
SECTION 2-47 REPRESENTATION OF PRIVATE INTERESTS
SECTION 2-48 CONFLICTING OUTSIDE EMPLOYMENT
SECTION 2-49 PUBLIC PROPERTY AND RESOURCES
SECTION 2-50 _,_POLITICAL ACTIVITY
SECTION 2-51ACTIONS OF OTHERS
SECTION 2-52 PROHIBITED INTERESTS IN CONTRACTS
SECTION 2753 CITY COUNCIL CONTRACT PERSONNEL
SECTION 2-54 PERSONS REQUIRED TO REPORT: TIME TO REPORT
DIVISION 3: FORMER CITY OFFICIALS AND EMPLOYEES
SECTION 2-55 CONTINUING CONFIDENTIALITY
SECTION 2=SEQ 56 SUBUENT REPRESENTATION
SECTION 2-57 PRIOR PARTICIPATION IN NEGOTIATING OR AWARDING OF CONTRACTS
SECTION 2-58 DISCRETIONARY CONTRACTS
DIVISION 4: PERSONS DOING BUSINESS WITH THE CITY
SECTIONN 2N=59 PERSONS SEEKING DISCRETIONARY_CONTRACTS
SECTION 2-60 DISCLOSURE OF ASSOCIATION WITH CITY OFFICIAL OR EMPLOYEE
SECTION 2-61 PROHIBITED_CONTACTS DURING CONTRACT SOLICITATION PERIOD
DIVISION 5: LOBBYISTS
SECTION 2-62 DEFINITIONS
SECTION 22=63_ PERSONS REQUIRED TO REGISTER AS LOBBYISTS
SECTION 2-6-4—EXCEPTIONS
SECTION 2-65REGISTRATION
SECTION 2-66 —QUARTERLY ACTIVITY REPORTS
SECTION 2-67 RESTRICTED ACTIVITIES
SECTION 2-68_ IDENTIFICATION OF CLIENTS
SECTION 2-69_ TIMELINESS OF FILING REGISTRATIONS AND D REPORTS
SECTION 2-70 ADMINISTRATION
SECTION_2-71 CONSTITUTIONAL RIGHTS
DIVISION 6: MEMBERS OF THE PUBLIC AND OTHERS
SECTION 2-72 _ FORMS OF RESPONSIBILITY
..._ _......
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DIVISION 7: FINANCIAL DISCLOSURE
SECTION 2-73
FINANCIAL DISCLOSURE REPORT
SECTION2-74_
CONTENTS OF FINANCIAL DISCLOSURE REPORTS
SECTION 2-7§_
SHORTFORM ANNUAL REPORT
SECTION 2-76
TRAVELREPORTING REQUIREMENTS
SECTION 2-77
ITEMS RECEIVED ON BEHALF OF THE CITY
SECTION 2-79
__OTHER PERSONS REQUIRED TO REPORT GIFTS
SECTION-2_79
_VIOLATION OF REPORTING REQUIREM-E-NTS
DIVISION 8: ETHICS REVIEW BOARD
SECTION 2-80 DEFINITIONS
SECTION 2-8 . STRUCTURE OF THE ETHICS REVIEW BOARD
SECTION 2-82 JURISDICTION AND POWERS
SECTION 2-83 COMPLAINTS
SECTION 2_84_ ETHICS COMPLIANCE OFFICER
SECTION 2-85
ETHICS PANELS
SECTION 2-86
_HEARINGS
SECTION 2-87
DISPOSITION
SECTION 2-88
PETITION FOR DECLARATORY RULING
SECTION 2-89
ADVISORY OPINIONS
SECTION2-90_
,ANNUAL REPORT
SECTION 2-91
_PUBLIC RECORDS AND OPEN MEETINGS
DIV-I_SION 9_. ADMINISTRATIVE PROVISIONS__
SECTION 2-92 OTHER OBLIGATIONS
SECTION 2-93 DISTRIBUTION AND TRAINING
SECTION 2-04 SEVERABILITY
DIVISION 1 .DECLARATION OF POLICY
SECTION 2-41 STATEMENT OF PURPOSE
It is essential in a democratic system that the public have confidence in the integrity, independence, and
impartiality of those who act on their behalf in government. Such confidence depends not only on the conduct of
those who exercise official power, but on the availability of aid or redress to all persons on equal terms and on the
accessibility and dissemination of information relating to the conduct of public affairs. For the purpose of promoting
confidence in the government of the City of San Antonio and thereby enhancing the city's ability to function
effectively, this code of ethics is adopted. The code establishes standards of conduct, disclosure requirements, and
enforcement mechanisms relating to city officials and employees and others whose actions inevitably affect public
faith in city government, such as former city officials and employees, candidates for public office, persons doing
business with the city, and lobbyists. By prohibiting conduct incompatible with the city's best interests and
minimizing the risk of any appearance of impropriety, this code of ethics furthers the legitimate interests of
democracy.
Public service is a public trust. All city officials and employees are stewards of the public trust. They have a
responsibility to the citizens of San Antonio to enforce the City Charter and the associated ordinances and codes.
To ensure and enhance public confidence in City Government, each city official must not only adhere to the
principles of ethical conduct set forth in this code and technical compliance therewith, but they must scrupulously
avoid the appearance of impropriety at all times.
SECTION 2-42 DEFINITIONS
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As used in this code of ethics, the following words and phrases have the meaning ascribed to them in this Section,
unless the context requires otherwise or more specific definitions set forth elsewhere in this code apply
(a) Acceptance. A written or verbal indication that someone agrees; "Acceptance" of an offer of subsequent
employment or business opportunities includes legally binding contracts and all informal understandings that
the parties expect to be carried out. An agreement, either by express act or by implication from conduct, to the
terms of an offer so that a binding contract is formed.
(b) Affiliated. Business entities are "affiliated" if one is the parent or subsidiary of the other or if they are
subsidiaries of the same parent business entity.
(c) Affinity. Relationship by "affinity" (by marriage) is defined in Sections 573.024 and 573.025 of the Texas
Government Code.
(d) Before the City. Representation or appearance "before the city" means before the City Council; before a
board, commission, or other city entity; or before a city official or employee. Representation "before the city"
does not include representation before a board where members of said board are not wholly appointed by the
City Council.
(e) Benefit. "Benefit" means anything reasonably regarded as pecuniary gain or pecuniary advantage, including a
benefit to any other person in whose welfare the beneficiary has a direct and substantial interest.
(f) Business Entity. "Business entity" means a sole proprietorship, partnership, firm, corporation, holding
company, joint-stock company, receivership, trust, unincorporated association, or any other entity recognized
by law.
(g) Candidate. "Candidate" means a person who knowingly and willingly takes affirmative action for the purpose
of gaining nomination or election to public office or for the purpose of satisfying financial obligations incurred
by the person in connection with the campaign for nomination or election. Examples of affirmative action
include:
(1) the filing of a campaign treasurer appointment, except that the filing does not constitute candidacy or
an announcement of candidacy for purposes of automatic resignation provisions of Article XVI, Section
65, or Article XI, Section 11, of the Texas Constitution;
(2) the filing of an application for a place on a ballot;
(3) the making of a public announcement of a definite intent to run for public office in a particular election,
regardless of whether the specific office is mentioned in the announcement;
(4) before a public announcement of intent, the making of a statement of definite intent to run for public
office and the soliciting of support by letter or other mode of communication; and
(5) the soliciting or accepting of a campaign contribution or the making of a campaign expenditure.
(h) City. "City" means the City of San Antonio.
(i) Code of Ethics. "Code of ethics," "ethics code," or "this code" means Divisions 1 through 10 of this Chapter,
its amendment(s) and/or enhanced definitions.
0) "Complainant" means an individual who has filed a sworn complaint with the City Clerk as provided in
Division 8, Section 2-83 (Complaints).
(k) Confidential Government Information. "Confidential government information" includes all information held by
the city that is not available to the public under the Texas Public Information Act and any information from a
meeting closed to the public pursuant to the Texas Open Meetings Act, unless disclosure is permitted under
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the Open Meetings Act.
(1) Consanguinity. Relationship by "consanguinity" (by blood) is defined in Sections 573.022 and 573.023 of the
Texas Government Code.
(m) Discretionary Contract. "Discretionary contract" means any contract other than those which by law must be
awarded on a low or high qualified bid basis. Discretionary contracts do not include those contracts subject to
Section 252.022(a)(7) of the Texas Local Government Code or those contracts not involving an exercise of
judgment or choice.
(n) Economic Interest. "Economic interest" includes, but is not limited to, legal or equitable property interests in
land, chattels, and intangibles, and contractual rights having more than de minimis value. Service by a city
official or employee as an officer, director, advisor, or otherwise active participant in an educational, religious,
charitable, fraternal, or civic organization does not create for that city official or employee an economic interest
in the property of the organization.
Ownership of an interest in a mutual or common investment fund that holds securities or other assets is not an
economic interest in such securities or other assets unless the person in question participates in the
management of the fund. Ownership of stock in a publicly traded corporation does not constitute ownership
for purposes of this code if the employee or official owns less than 10% of the voting stock or shares of the
entity and the value of the stock Is less than $15,000,
(o) Employee. Except as provided in Section 2-52 of Division 2 (Prohibited Interests in Contracts), Section 2-58
(c) of Division 3 (Discretionary Contracts), and Division 7 (Financial Disclosure), the term "employee' or "city
employee' is any person listed on the City of San Antonio payroll as an employee, whether part-time or full-
time.
(p) Former City Official or Employee. A "former city official" or "former city employee" is a person whose city
duties terminate on or after the effective date of this code.
(q) Gift. "Gift" means a voluntary transfer of property (including the payment of money) or the conferral of a
benefit having pecuniary value (such as the rendition of services or the forbearance of collection on a debt),
unless consideration of equal or greater value is received by the donor.
(r) Indirect Ownership. A person "indirectly owns' an equity interest in a business entity where the interest is
held through a series of business entities, some of which own interests in others.
(s) 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.
(t) Knowingly. A person acts knowingly, or with knowledge, with respect to the nature of his or her conduct or to
circumstances surrounding his or her conduct when he or she is aware of the nature of his or her conduct or
that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of his or her
conduct when he or she is aware that his or her conduct is reasonably certain to cause the result.
(u) Official. Except in Division 5 (Lobbyists), the term "official" or "city official" includes the following persons:
The Mayor;
Members of the City Council;
Municipal Court Judges and Magistrates,
The City Manager;
Deputy City Manager;
Assistant City Managers;
Assistants to the City Manager,
City Clerk;
Assistant City Clerk,
All department heads and assistant department heads;
Internal Auditor and all assistant internal auditors,
littp://www.sanantoni0-gov/atty/Etliics/codetext.litm 6/4/2009
ragc -) ur c,�
Market Square Superintendent,
Assistant to City Council;
Assistant to Mayor;
Secretary to City Manager;
Executive Secretaries;
Community Action Manager;
Public Utilities Supervisor; and
Members of all boards, commissions (except the Youth Commission whose members are minors), committees,
and other bodies created by the City Council pursuant to federal or state law or City ordinance, including
entities that may be advisory only in nature, who are appointed by City Council or who are designated in the
by-laws or organization papers of the entity to serve on behalf of the city; and board members of any entity
who are appointed by the City Council to such board membership.
The term "official" has a different meaning in Division 5 (Lobbyists), which is defined in Section 2-62(a) of that
Division. The term "officer" is defined in Section 2-52(e)(2) of Division 2 (Prohibited Interests in Contracts) and
Section 2-58(c)(2) of Division 3 (Discretionary Contracts) and is not synonymous with any use of the term
"official" in this code.
(v) Official Action. "Official action" includes-
(1) any affirmative act (including the making of a recommendation) within the scope of, or in violation of, an
official or employee's duties, and
(2) any failure to act, if the official or employee is under a duty to act and knows that inaction is likely to
affect substantially an economic interest of the official or employee or any person or entity listed in
Subsections 2-43(a)(2) through (9) of Division 2 (Conflicts of Interest).
(w) Official Information. "Official information" includes information gathered pursuant to the power or authority of
city government.
(x) Ownership. Ownership of an interest in a mutual or common investment fund that holds securities or other
assets does not constitute direct or indirect ownership of such securities or other assets unless the person in
question participates in the management of the fund. Ownership of stock in a publicly traded corporation does not
constitute ownership for purposes of this code if the employee or official owns less than 10% of the voting stock or
shares of the entity and the value of the stock is less than $15,000.
(y) Partner. Someone who engages in an activity or undertaking with another; "Partner" includes partners in
general partnerships, limited partnerships, and joint ventures. One who shares or takes part with another
especially in a venture with shared benefits and shared risks.
(z) Personally and Substantially Participated. "Personally and Substantially Participated" means to have taken
action as an official or employee through decision, approval, disapproval, recommendation, giving advice,
investigation or similar action. The fact that the person had responsibility for a matter does not by itself
establish that the person "personally and substantially participated" in the matter.
(aa) Recklessly. A person acts recklessly, or is reckless, with respect to circumstances surrounding his conduct or
the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk
that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its
disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise
under all the circumstances as viewed from the actor's standpoint.
(bb) Representation. "Representation" is a presentation of fact — either by words or by conduct — made to induce
someone to act. Representation does not include appearance as a witness in litigation or other official
proceedings.
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(cc) Respondent means an individual identified in a sworn complaint to have allegedly violated the Ethics Code or
the Code of Municipal Campaign Finance Regulations of the City of San Antonio.
(dd) Solicitation. "Solicitation" of subsequent employment or business opportunities includes all forms of proposals
and negotiations relating thereto.
SECTION 2-43 CONFLICTS OF INTEREST
(a) General Rule. To avoid the appearance and risk of impropriety, a city official or employee shall not take any
official action that he or she knows is likely to affect the economic interests of:
(1) the official or employee;
(2) his or her parent, child, spouse, or other family member within the second degree of consanguinity or
affinity;
(3) his or her outside client,
(4) a member of his or her household;
(5) the outside employer of the official or employee or of his or her parent, child (unless the child is a
minor), spouse, or member of the household (unless member of household is a minor);
(6) a business entity in which the official or employee knows that any of the persons listed in Subsections
(a)(1) or (a)(2) holds an economic interest as that term is defined in Section 2-42;
(7) a business entity which the official or employee knows is an affiliated business or partner of a business
entity in which any of the persons listed in Subsections (a)(1) or (a)(2) holds an economic interest as
defined in Section 2-42;
(8) a business entity or nonprofit entity for which the city official or employee serves as an officer or
director or in any other policy making position; or
(9) a person or business entity with whom, within the past twelve months:
(A) the official or employee, or his or her spouse, directly or indirectly has
(i) solicited an offer of employment for which the application is still pending,
received an offer of employment which has not been rejected, or
(iii) accepted an offer of employment; or
(B) the official or employee, or his or her spouse, directly or indirectly engaged in negotiations
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pertaining to business opportunities, where such negotiations are pending or not terminated.
(b) Recusal and Disclosure. A city official or employee whose conduct would otherwise violate Subsection (a)
must recuse himself or herself. From the time that the conflict is, or should have been recognized, he or she
shall:
(1) immediately refrain from further participation in the matter, including discussions with any persons likely
to consider the matter: and
(2) promptly file with the City Clerk the appropriate form for disclosing the nature and extent of the
prohibited conduct.
In addition-
(3) a supervised employee shall promptly bring the conflict to the attention of his or her supervisorT who will
then, if necessary, reassign responsibility for handling the matter to another person; and
(4) a member of a board shall promptly disclose the conflict to other members of the board and shall not be
present during the board's discussion of, or voting on, the matter.
(c) Definitions. For purposes of this rule:
(1) An action is likely to affect an economic interest if it is likely to have an effect on that interest that is
distinguishable from its effect on members of the public in general or a substantial segment thereof; and
(2) The term client includes business relationships of a highly personalized nature, but not ordinary
business -customer relationships.
SECTION 2-44 UNFAIR ADVANCEMENT OF PRIVATE INTERESTS
(a) General Rule. A city official or employee may not use his or her official position to unfairly advance or impede
private interests, or to grant or secure, or attempt to grant or secure, for any person (including himself or
herself) any form of special consideration, treatment, exemption, or advantage beyond that which is lawfully
available to other persons. A city official who represents to a person that he or she may provide an advantage
to that person based on the official's position on a board or commission violates this rule.
(b) Special Rules. The following special rules apply in addition to the general rule:
(1) Acquisition of Interest in Impending Matters. A city official or employee shall not acquire an interest
in, or affected by, any contract, transaction, zoning decision, or other matter, if the official or employee
knows, or has reason to know, that the interest will be directly or indirectly affected by impending official
action by the city.
(2) Reciprocal Favors. A city official or employee may not enter into an agreement or understanding with
any other person that official action by the official or employee will be rewarded or reciprocated by the
other person, directly or indirectly.
(3) Appointment of Relatives. A city official or employee shall not appoint or employ or vote to appoint or
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employ any relative within the third degree of consanguinity or affinity to any office or position of employment
within the city.
(4) Supervision of Relatives. No official or employee shall be permitted to be in the line of supervision of
a relative within the third degree of consanguinity or second degree of affinity. Department heads are
responsible for enforcing this policy. If an employee, by reason of marriage, promotion, reorganization,
or otherwise, is placed into the line of supervision of a relative, one of the employees will be reassigned
or other appropriate arrangements will be made for supervision.
(c) Recusal and Disclosure. A city official or employee whose conduct would otherwise violate this Section shall
adhere to the recusal and disclosure provisions provided in Section 2-43(b) of Division 2 (Conflicts of Interest).
SECTION 2-45 GIFTS
(a) General Rule.
(1) A city official or employee shall not solicit, accept, or agree to accept any gift or benefit for himself or
herself or his or her business:
(A) that reasonably tends to influence or reward official conduct; or
(B) that the official or employee knows or should know is being offered with the intent to influence or
reward official conduct.
A city official or employee may accept a public award or reward for meritorious service of professional
achievement, provided that the award or reward is reasonable in light of the occasion and it is not
prohibited under the Texas Penal Code Section 36.08.
(2) A city official or employee shall not solicit, accept, or agree to accept any gift or benefit, from:
(A) any individual or entity doing or seeking to do business with the City; or
(B) any registered lobbyist or public relations firm, or
(C) any person or entity seeking action or advocating on zoning or platting matters before a city body,
save and except for
i) items received that are of nominal value; or
ii) meals in an individual expense of $50 or less at any occurrence, and no more than a cumulative
value of $500 in a single calendar year from a single source.
Doing business with the city includes, but is not limited to, individuals and business entities that are parties to
a discretionary contract, individuals and business entities that are subcontractors to a discretionary contract,
and partners and/or parents and/or subsidiary business entities of any individuals and business entities that
are parties to a discretionary contract,
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(b) Special Applications. Subsection (a)(2) does not include:
(1) a gift to a city official or employee relating to a special occasion, such as a wedding, anniversary,
graduation, birth, illness, death, or holiday, provided that the value of the gift is fairly commensurate
with the occasion and the relationship between the donor and recipient;
(2) advancement for or reimbursement of reasonable expenses for travel in connection with official duties
authorized in accordance with city policies; such payments must be disclosed in a travel report as
required in Section 2-76; payment for or reimbursement of expenses for travel in excess of authorized
rates under city policy will be treated as a personal gift to the official or employee for any applicable
reporting requirements under Sections 2-73, 2-74 or 2-78.
(3) a public award or reward for meritorious service or professional achievement, provided that the award
or reward is reasonable in light of the occasion and it is not prohibited under the Texas Penal Code
Section 36.08;
(4) a loan from a lending institution made in its regular course of business on the same terms generally
available to the public;
(5) a scholarship or fellowship awarded on the same terms and based on the same criteria that are applied
to other applicants,
(6) any solicitation for civic or charitable causes;
(7) admission to an event in which the city official or employee is participating in connection with his or her
spouse's position;
(8) ceremonial and protocol gifts presented to city officials from a foreign government or international or
multinational organization and accepted for the City of San Antonio;
(9) admission to a widely attended event, such as a convention, conference, symposium, forum, panel
discussion, dinner, viewing, reception or similar event, offered by the sponsor of the event, and
unsolicited by the City official or employee, if attending or participating in an official capacity, including:
(A) the official or employee participates in the event as a speaker or panel participant by presenting
information related to matters before the City, or
A the official or employee performs a ceremonial function appropriate to that individual's position with
the City, or
(C) attendance at the event is appropriate to the performance of the official duties or representative
function of the official or employee;
(10) admission to a charity event provided by the sponsor of the event, where the offer is unsolicited by the
City official or employee;
(11) admission to training or education program, including meals and refreshments furnished to all
attendees, if such training is related to the official or employee's official duties and the training is in the
interest of the City,
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(12) lodging, transportation, or entertainment that the official or employee accepts as a guest and, if the
donee is required by law to report those items, reported by the donee in accordance with that law, up to
$500 from a single source in a calendar year.
(c) Campaign Contribution Exception. The general rule stated in Subsection (a) does not apply to a campaign
contribution made pursuant to the Texas Election Code.
(d) Gifts to Closely Related Persons. A city official or employee shall take reasonable steps to persuade:
(1) a parent, spouse, child, or other relative within the second degree of consanguinity or affinity, or
(2) an outside business associate
not to solicit, accept, or agree to accept any gift or benefit:
(3) that reasonably tends to influence or reward the city official's or employee's official conduct, or
(4) that the official or employee knows or should know is being offered with the intent to influence or
reward the city official's or employee's discharge of official duties.
If a city official or employee required to file a financial disclosure report under Division 7 (Financial Disclosure)
knows that a gift or benefit meeting the requirements of Subsections (d)(3) or (d)(4) of this rule has been
accepted and retained by a person identified in Subsections (d)(1) or (d)(2) of this rule, the official or
employee shall promptly file a report with the City Clerk's office disclosing the donor, the value of the gift or
benefit, the recipient, and the recipient's relationship to the official or employee filing the report.
(e) Definitions.
(1) For purposes of this rule, a person is an "outside business associate" if both that person and the city
official or employee own, with respect to the same business entity:
(A) ten (10) percent or more of the voting stock or shares of the business entity, or
(B) ten (10) percent or more of the fair market value of the business entity.
(2) For purposes of this rule, a "sponsor" of an event is the person or persons primarily responsible for
organizing the event or sponsoring a table or tables. A person who simply contributes money or buys
tickets to an event is not considered a sponsor.
(3) A "source" is the individual or entity that funds an expenditure or series of expenditures. Expenditures
made by multiple agents of the same source will be considered to be expenditures from a single
source.
(4) Any item of "nominal value" is an item with a fair market value of $50 or less.
SECTION 2-46 CONFIDENTIAL INFORMATION
(a) Improper Access. A city official or employee shall not use his or her position to obtain official information
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about any person or entity for any purpose other than the performance of official duties.
(b) Improper Disclosure or Use. A city official or employee shall not intentionally, knowingly, or recklessly
disclose any confidential information gained by reason of said official's or employee's position concerning the
property, operations, policies or affairs of the city. This rule does not prohibit:
(1) any disclosure that is no longer confidential by law, or
(2) the confidential reporting of illegal or unethical conduct to authorities designated by law.
SECTION 2-47 REPRESENTATION OF PRIVATE INTERESTS
(a) Representation Before the City by a Member of the Board. A city official or employee who is a member of
a board or other city body shall not represent any person, group, or entity:
(1) before that board or body;
(2) before city staff having responsibility for making recommendations to, or taking any action on behalf of,
that board or body, unless the board or body is only advisory in nature; or
(3) before a board or other city body which has appellate jurisdiction over the board or body of which the
city official or employee is a member, if any issue relates to the official's or employee's official duties-
(b) Representation Before the City by City Officials and Employees.
(1) General Rule. A city official or employee shall not represent for compensation any person, group, or
entity, other than himself or herself, or his or her spouse or minor children, before the city. For purposes
of this subsection, the term compensation means money or any other thing of value that is received, or
is to be received, in return for or in connection with such representation.
(2) Exception for Board Members. The rule stated in subsection b(1) does not apply to a person who is
classified as a city official only because he or she is an appointed member of a board or other city
body.
(c) Prestige of Office and Improper Influence. In connection with the representation of private interests before
the city, a city official or employee shall not:
(1) assert the prestige of the official's or employee's city position for the purpose of advancing private
interests; or
(2) state or imply that he or she is able to influence city action on any basis other than the merits.
(d) Representation in Litigation Adverse to the City.
(1) Officials and Employees (Other than Board Members). A city official or employee, other than a
person who is classified as an official only because he or she is an appointed member of a board or
other city body, shall not represent any person, group, or entity, other than himself or herself, or his or
her spouse or minor children, in any litigation to which the city is a party, if the interests of that person,
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group, or entity are adverse to the interests of the city.
(2) Board Members. A person who is classified as a city official only because he or she is an appointed
member of a board or other city body shall not represent any person, group, or entity, other than himself
or herself, or his or her spouse or minor children, in any litigation to which the city is a party, if the
interests of that person, group, or entity are adverse to interests of the city and the matter is
substantially related to the official's duties to the city.
SECTION 2-48 CONFLICTING OUTSIDE EMPLOYMENT
(a) General Rule. A city official or employee shall not solicit, accept, or engage in concurrent outside employment
which could reasonably be expected to impair independence of judgment in, or faithful performance of, official
duties.
(b) Special Application. The following special rule applies in addition to the general rule: A city official or
employee shall not provide services to an outside employer related to the official's or employee's city duties.
(c) Other Rules. The general rule stated above applies in addition to all other rules relating to outside
employment of city officials and employees, including requirements for obtaining prior approval of outside
employment as applicable.
SECTION 2-49 PUBLIC PROPERTY AND RESOURCES
A city official or employee shall not use, request, or permit the use of city facilities, personnel, equipment, or
supplies or time while on city duty for private purposes (including political purposes), except:
(a) pursuant to duly adopted city policies, or
(b) to the extent and according to the terms that those resources are lawfully available to the public.
SECTION 2-50 POLITICAL ACTIVITY
Limitations on the political activities of city officials and employees are imposed by state law, the City Charter, and
city personnel rules and are incorporated into this provision by reference. In addition, the following ethical
restrictions apply:
(a) Influencing Subordinates. A city official or employee shall not, directly or indirectly, induce or attempt to
induce any city subordinate of the official or employee:
(1) to participate in an election campaign, contribute to a candidate or political committee, or engage in
any other political activity relating to a particular party, candidate, or issue, or
(2) to refrain from engaging in any lawful political activity.
A general statement merely encouraging another person to vote does not violate this rule.
(b) Paid Campaigning. A city official or employee shall not accept any thing of value, directly or indirectly, for
political activity relating to an item pending on the ballot, if he or she participated in, or provided advice
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relating to, the exercise of discretionary authority by a city body that contributed to the development of the ballot
item. Any thing of value does not include a meal or other item of nominal value the city official or employee
receives in return for providing information on an item pending on the ballot.
(c) Official Vehicles. A city official or employee shall not display or fail to remove campaign materials on any city
vehicle under his or her control.
Limitations on the use of public property and resources for political purposes are imposed by Section 2-49 of
Division 2 (Public Property and Resources).
SECTION 2-51 ACTIONS OF OTHERS
(a) Violations by Other Persons. A city official or employee shall not intentionally or knowingly assist or induce,
or attempt to assist or induce, any person to violate any provision in this code of ethics.
(b) Using Others to Engage in Forbidden Conduct. A city official or employee shall not violate the provisions of
this code of ethics through the acts of another.
SECTION 2-52 PROHIBITED INTERESTS IN CONTRACTS
(a) Charter Provision. The Charter of the City of San Antonio, in Section 141. states "No officer or employee of
the City shall have a financial interest, direct or indirect, in any contract with the City, or shall be financially
interested, directly or indirectly, in the sale to the City of any land, materials, supplies, or service, except on
behalf of the City as an officer or employee. Any willful violation of this Section shall constitute malfeasance in
office, and any officer or employee guilty thereof shall thereby forfeit his office or position. Any violation of this
Section, with the knowledge, expressed or implied, of the person or corporation contracting with the Council
shall render the contract involved voidable by the City Manager or the Council."
(b) Financial Interest. An officer or employee is presumed to have a prohibited "financial interest" in a contract
with the city, or in the sale to the city of land, materials, supplies, or service, if any of the following individuals
or entities is a party to the contract or sale:
(1) the officer or employee;
(2) his or her spouse, sibling, parent, child or other family member within the first degree of consanguinity
or affinity;
(3) a business entity in which the officer or employee, or his or her parent, child or spouse, directly or
indirectly owns:
(A) ten (10) percent or more of the voting stock or shares of the business entity, or
(B) ten (10) percent or more of the fair market value of the business entity; or
(4) a business entity of which any individual or entity listed in Subsection (1), (2) or (3) is:
(A) a subcontractor on a city contract;
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(B) a partner; or
(C) a parent or subsidiary business entity.
(c) If an officer or employee has or may potentially have a presumed prohibited financial interest in a contractwith
the city, or in the sale to the city of land, materials, supplies or service under subsection (b), the officer or
employee may apply to the Ethics Review Board for a determination and decision on whether the officer or
employee has an actual direct or indirect financial interest in that contract or transaction.
The Ethics Review Board will make this assessment using a standard of "clear and convincing" evidence at a
hearing. A request for such a determination cannot be made confidentially. The hearing must be posted two
weeks in advance clearly stating the officer or employee with the presumed prohibited financial interest, the
contract or transaction at issue, and the individual or business entity that is the party to the contract or
transaction at issue.
(d) Any contract or transaction already in place at the time the individual becomes an officer or employee subject
to the prohibitions in Section 141 of the City Charter may remain in place until the contract expires or the
transaction is completed without creating a prohibited financial interest for the officer or employee.
(e) Definitions. For purposes of enforcing Section 141 of the City Charter under the provision of this Section:
(1) a city "employee" is any employee of the city who is required to file a financial disclosure statement
pursuant to Section 2-73(a) of Division 7 (Financial Disclosure Report).
(2) a city "officer" is:
(A) the Mayor or any Council member,
(B) a Municipal Court Judge or Magistrate,
(C) a member of any board or commission which is more than advisory in nature. The term does not
include members of the board of another governmental entity even if some or all of these members
are appointed by the city.
SECTION 2-53 CITY COUNCIL CONTRACT PERSONNEL
(a) A member of the City Council who, in the course of official duties, has direct supervisory authority over
contract personnel shall make reasonable efforts to ensure that the conduct of contract personnel is
compatible with the obligations imposed on city officials and employees by this code of ethics.
(b) Contract personnel employed by a member of the city council shall comply with all obligations imposed by this
code of ethics on city employees, except for restrictions on political activity imposed on city employees by the
City Charter or the City's Personnel Rules under Division 2, Section 2-50 of this Code. Contract personnel,
though, may not engage in political activity using City resources or during duty hours-
(C) All contracts for administrative services between a member of the City Council and independent contractors
shall contain a provision requiring the independent contractor to comply with all requirements imposed by this
code on city employees.
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SECTION 2-54 PERSONS REQUIRED TO
REPORT
REPORT; TIME TO REPORT; PLACE TO
(a) A City official or employee who has knowledge of a violation of any of the provisions of this Ethics Code shall
report this violation as provided below within a reasonable time after the person has knowledge of a violation.
A City official or employee shall not delegate to, or rely on, another person to make the report. Any City official
or employee who has knowledge that a violation of the Ethics Code has been committed and intentionally fails
to report such violation is subject to the penalties herein.
(b) Unless waived in writing by the person making the report, the identity of an individual making a report under
this section is confidential and may be disclosed only to the proper authorities for the purposes of conducting
an investigation of the report.
(c) A report made under this Section shall be made to:
(1) the Ethics Compliance Officer or his or her designee; or
(2) the Ethics Review Board.
(d) A report shall state:
(1) the name of the City official or employee who believes that a violation of a provision of the Ethics Code
has been or may have been committed;
(2) the identity of the person or persons who allegedly committed the violation;
(3) a statement of the facts on which the belief is made; and
(4) any other pertinent information concerning the alleged violation.
DIVISION 3: FORMER CITY OFFICIALS AND EMPLOYEES
SECTION 2-55 CONTINUING CONFIDENTIALITY
A former city official or employee shall not use or disclose confidential government information acquired during
service as a city official or employee. This rule does not prohibit:
(a) any disclosure that is no longer confidential by law, or
(b) the confidential reporting of illegal or unethical conduct to authorities designated by law.
Section 2-56 Subsequent Representation of Private Interests.
(a) Representation of Private Interests Before the City by a Former Board Member. A person who was a
member of a board or other city body shall not represent any person, group, or entity for a period of two (2)
years after the termination of his or her official duties:
(1) before that board or body,
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(2) before city staff having responsibility for making recommendations to, or taking any action on behalf of,
that board or body, unless the board or body is only advisory in nature; or
(3) before a board or other city body which has appellate jurisdiction over the board or body of which the
former city official or employee was a member, if any issue relates to his or her former duties.
(b) Representation of Private Interests Before the City by Former City Officials and Employees. A former
city official or employee shall not represent for compensation any person, private group, or private entity, other
than himself or herself, or his or her spouse or minor children, before the city for a period of two (2) years after
termination of his or her official duties. This subsection does not apply to a person who was classified as a city
official only because he or she was an appointed member of a board or other city body. For purposes of this
subsection, the term compensation means money or any other thing of value that is received, or is to be
received, in return for or in connection with such representation.
(c) Improper Representation of Influence. In connection with the representation of private interests before the
city, a former city official or employee shall not state or imply that he or she is able to influence city action on
any basis other than the merits.
(d) Representation in Litigation Adverse to the City. A former city official or employee shall not, absent
consent from the city, represent any person, group, or entity, other than himself or herself, or his or her
spouse or minor children, in any litigation to which the city is a party, if the interests of that person, group, or
entity are adverse to the interests of the city and the matter is one in which the former city official or employee
personally and substantially participated prior to termination of his or her official duties.
SECTION 2-57 PRIOR PARTICIPATION IN THE NEGOTIATION, AWARD OR
ADMINISTRATION OF CONTRACTS
A former city official or employee shall not, within two (2) years of the termination of official duties for the city,
perform work on a compensated basis relating to a discretionary city contract, if he or she personally and
substantially participated in the negotiation, award or administration of the contract.
A former city official or employee, within two (2) years of termination of official duties, must disclose to the City
Clerk immediately upon knowing that he or she will perform work on a compensated basis relating to a
discretionary city contract for which he or she did not personally and substantially participate in its negotiation,
award or administration. This subsection does not apply to a person who was classified as a city official only
because he or she was an appointed member of a board or other city body.
SECTION 2-58 DISCRETIONARY CONTRACTS
(a) Impermissible Interest in Discretionary Contract or Sale. This Subsection applies only to contracts or
sales made on a discretionary basis, and does not apply to contracts or sales made on a competitive bid
basis. Within one (1) year of the termination of official duties, a former city officer or employee shall neither
have a financial interest, direct or indirect, in any discretionary contract with the City, nor have a financial
interest, direct or indirect, in the sale to the City of any land, materials, supplies, or service. Any violation of
this Section, with the knowledge, expressed or implied, of the individual or business entity contracting with the
Council shall render the contract involved voidable by the City Manager or the Council. A former city officer or
employee has a prohibited "financial interest" in a discretionary contract with the city, or in the sale to the city
of land, materials, supplies, or service, if any of the following individuals or entities is a party to the contract or
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sale:
(1) the former officer or employee;
(2) his or her parent, child, or spouse;
(3) a business entity in which the former officer or employee, or his or her parent, child or spouse, directly
or indirectly owns:
(A) ten (10) percent or more of the voting stock or shares of the business entity, or
(B) ten (10) percent or more of the fair market value of the business entity; or
(4) a business entity of which any individual or entity listed in Subsection (1), (2) or (3) is:
(A) a subcontractor on a city contract;
(B) a partner; or
(C) a parent or subsidiary business entity.
(b) Exception: Prior Employment or Status. Notwithstanding subsection (a) of this Section 2-58 (Discretionary
Contracts) and Section 2-57 (Prior Participation in Negotiation, Award or Administration of Contracts), a
former city official or employee may upon leaving official duties return to employment or other status enjoyed
immediately prior to commencing official city duties.
(c) Definitions. For purposes of this Section:
(1) A "former city employee" is any person who, prior to termination of employee status, was required to file
a financial disclosure statement pursuant to Section 2-73(a) of Division 7 (Financial Disclosure Report).
(2) A "former city officer" is any person who, immediately prior to termination of official duties, was:
(A) the Mayor or a member of City Council;
(6) a Municipal Court Judge or Magistrate; or
(C) a member of any board or commission which is more than advisory in nature. The term does not
include members of the board of another governmental entity even if some or all of these members
are appointed by the city.
(3) The term "contract' means any discretionary contract other than a contract for the personal services of
the former city official or employee.
(4) The term "service" means any services other than the personal services of the former official or
employee.
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SECTION 2-59 PERSONS SEEKING DISCRETIONARY CONTRACTS
(a) Disclosure of Parties, Owners, and Closely Related Persons. For the purpose of assisting the city in the
enforcement of provisions contained in the City Charter and this code of ethics, an individual or business
entity seeking a discretionary contract from the city is required to disclose in connection with a proposal for a
discretionary contract on a form provided by the city:
(1) the identity of any individual who would be a party to the discretionary contract;
(2) the identity of any business entity that would be a party to the discretionary contract and the name of:
(A) any individual or business entity that would be a subcontractor on the discretionary contract; and
(B) any individual or business entity that is known to be a partner or a parent entity of any individual or
business entity who would be a party to the discretionary contract, or any subsidiary business
entity that is anticipated to be involved in the execution of the contract, and
(3) the identity of any lobbyist or public relations firm employed for purposes relating to the discretionary
contract being sought by any individual or business entity who would be a party to the discretionary
contract.
An individual or business entity seeking a discretionary contract is required to supplement this filing on a form
provided by the city in the event there is any change in the information required of the individual or business
entity under this subsection. The individual or business entity seeking a discretionary contract must
supplement this filing before the discretionary contract is the subject of council action, and no later than five
(5) business days after any change about which information is required to be filed.
(b) Political Contributions. Any individual or business entity seeking a discretionary contract from the city must
disclose in connection with a proposal for a discretionary contract, on a form provided by the city, all political
contributions totaling one hundred dollars ($100) or more within the past twenty-four (24) months made
directly or indirectly to any current or former member of City Council, any candidate for City Council, or to any
political action committee that contributes to City Council elections, by any individual or business entity whose
identity must be disclosed under Subsection (a).
Indirect contributions by an individual include, but are not limited to, contributions made by an individual's
spouse, whether statutory or common-law. Indirect contributions by an entity include, but are not limited to,
contributions made by the officers, owners, attorneys, or registered lobbyists of the entity.
Indirect contributions do not include contributions by owners of a business entity who hold less than 5% of the
fair market value or voting stock of the entity.
(c) Briefing Papers and Open Records. Briefing papers prepared for the city council concerning any proposed
discretionary contract to be considered for ordinance action shall reveal the information disclosed in
compliance with Subsections (a) and (b), and that information shall constitute an open record available to the
public.
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SECTION 2-60 DISCLOSURE OF ASSOCIATION WITH CITY OFFICIAL OR EMPLOYEE
(a) Disclosures During Appearances. A person appearing before a city board or other city body shall disclose
to it any known facts which, reasonably understood, raise a question as to whether any member of the board
or body would violate Section 2-43 of Division 2 (Conflicts of Interest) by participating in official action relating
to a matter pending before the board or body.
(b) Disclosures in Proposals. Any individual or business entity seeking a discretionary contract with the city
shall disclose, on a form provided by the city, any known facts which, reasonably understood, raise a question
as to whether any city official would violate 2-43 of Division 2 (Conflicts of Interest) by participating in official
action relating to the discretionary contract.
(c) Disclosure of Benefit. If a person who requests official action on a matter knows that the requested action
will confer an economic benefit on any city official or employee that is distinguishable from the effect that the
action will have on members of the public in general or a substantial segment thereof, he or she shall disclose
that fact in a signed writing to the city official, employee, or body that has been requested to act in the matter,
unless the interest of the city official or employee in the matter is apparent. The disclosure shall also be made
in a signed writing filed with the City Clerk.
(d) Definition. For purposes of this rule, facts are "reasonably understood" to 'raise a question" about the
appropriateness of official action if a disinterested person would conclude that the facts, if true, require recusal
or require careful consideration of whether or not recusal is required.
SECTION 2-61 PROHIBITED CONTACTS DURING CONTRACT SOLICITATION PERIOD
A person or entity who seeks or applies for a city contract or any other person acting on behalf of such person or
entity, is prohibited from contacting city officials and employees regarding such a contract after a Request for
Proposal (RFP), Request for Qualification (RFQ) or other solicitation has been released. This no -contact provision
shall conclude when the contract is posted as a City Council agenda item. If contact is required with city officials
and employees, such contact will be done in accordance with procedures incorporated into the solicitation
document. Violation of this provision by respondents or their agents may lead to disqualification of their offer from
consideration.
DIVISION 5: LOBBYISTS
SECTION 2-62 DEFINITIONS
As used in Division 5 (Lobbyists), the following words and phrases have the meaning ascribed to them in this
Section, unless the context requires otherwise:
(a) City official means the Mayor, members of the City Council, Municipal Court Judges and Magistrates, the City
Manager, Deputy City Manager, City Clerk, Assistant City Clerk, Assistant City Managers, Assistants to the
City Manager, all department heads, assistant department heads, Internal Auditor and assistant internal
auditors; Market Square Superintendent; Assistant to City Council; Assistants to City Council, including
contract personnel, Assistant to Mayor; Assistants to the Mayor, including contract personnel, Secretary to
City Manager; Executive Secretaries; Community Action Manager; Public Utilities Supervisor, members of bid
committees, and members of the following boards and commissions: Board of Adjustment; Board of Appeals;
City Public Service; Fire Fighter's and Police Officer's Civil Service Commission; Electrical Examining and
Supervising Board; Ethics Review Board established pursuant to this Ethics Code; Greater Kelly Development
Authority and any authority later created under Chapter 378, Defense Base Development Authorities, of
Subtitle A, Title 12 of the Texas Local Government Code; Historic and Design Review Commission; Housing
Authority of San Antonio; Municipal Civil Service Commission; Planning Commission; Plumbing Appeals and
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Advisory Board; Public Library Board of Trustees, San Antonio Water System; Urban Renewal Agency (SADA),
Zoning Commission, and any other board or commission that is more than advisory in nature.
(b) Client means any person on whose behalf lobbying is conducted. If a person engages in lobbying on that
person's own behalf, whether directly or through the acts of others, the person is both a client and a lobbyist
(as defined in Subsection (g)). In the case of a coalition or association that employs or retains other persons
to conduct lobbying activities, the client is the coalition or association and not its individual members.
(c) Compensation means money or any other thing of value that is received, or is to be received, in return for or
in connection with lobbying services rendered, or to be rendered, including reimbursement of expenses
incurred in lobbying. "Compensation" for professional services that do not primarily require contact or
advocacy with public officials does not constitute "compensation in connection with lobbying services" for
purposes of this section, if contact with public officials is incidental to the primary purpose of the employment.
Compensation does not include a payment made to any individual regularly employed by a person if
(1) the payment ordinarily would be made regardless of whether the individual engaged in lobbying
activities; and
(2) lobbying activities are not part of the individual's regular responsibilities to the person making the
payment.
Compensation does not include the financial gain that a person may realize as a result of the determination of
a municipal question, unless that gain is in the form of a contingent fee.
If a lobbyist engages in both lobbying activities and other activities on behalf of a person, compensation for
lobbying includes all amounts received from that person, if, for the purpose of evading the obligations imposed
under Division 5 (Lobbyists), the lobbyist has structured the receipt of compensation in a way that
unreasonably minimizes the value of the lobbying activities.
Compensation which has not yet been received is considered to be received on the date that it is earned, if
that date is ascertainable; otherwise, it is received on the date on which the contract or agreement for
compensation is made, or on the date lobbying commences, whichever is first. Compensation does not
include any amounts previously reported under Section 2-66 of Division 5 (Quarterly Activity Reports).
(d) Expenditure means a payment, distribution, loan, advance, reimbursement, deposit, or gift of money or
anything of value, including a contract, promise, or agreement to make an expenditure, regardless of whether
such contract, promise, or agreement is legally enforceable.
Expenditure does not include an amount paid to any individual regularly employed by a person if
(1) the amounts paid to the individual are ordinarily paid regardless of whether the individual engages in
lobbying activities; and
(2) lobbying activities are not part of the individual's regular responsibilities to the person making the
payment.
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The date on which an expenditure is incurred is determined according to generally accepted accounting
principles. The term "expenditure" does not include the cost of photocopying city documents, if those costs are
the only expenditures made by the person in question on lobbying activities. The term "expenditure" also
does not include the cost of photocopying documents, or creating other informational material by individuals
who communicate with public officials to express personal opinions on behalf of themselves, their family or
members of their household.
(e) Gift has the same meaning as in Division 1, Section 2-42 (Definitions).
(0 Immediate family means a spouse and dependent children.
(9) Lobbyist means a person who engages in lobbying, whether directly or through the acts of another. If an agent
or employee engages in lobbying for a principal or employer, both the agent and the principal, or the
employee and the employer, are lobbyists.
(h) Lobby or Lobbying, except as provided below, means any oral or written communication (including an
electronic communication) to a city official, made directly or indirectly by any person in an effort to influence or
persuade an official to favor or oppose, recommend or not recommend, vote for or against, or take or refrain
from taking action on any municipal question. The term lobby or lobbying does not include a communication:
(1) merely requesting information or inquiring about the facts or status of any municipal question, matter, or
procedure, and not attempting to influence a city official;
(2) made by a public official or employee (including, but not limited to, an official or employee of the City of
San Antonio) acting in his or her official capacity;
(3) made by a representative of a media organization if the purpose of the communication is gathering and
disseminating news and information to the public;
(4) made in a speech, article, publication, or other material that is distributed and made available to the
public, or through radio, television, cable television, or any other medium of mass communication,
(5) made at a meeting open to the public under the Open Meetings Act;
(6) made in the form of a written comment filed in the course of a public proceeding or any other
communication that is made on the record in a public proceeding,
(7) made in writing as a petition for official action and required to be a public record pursuant to established
city procedures;
(8) made in writing to provide information in response to an oral or written request by a city official for
specific information;
(9) the content of which is compelled by law;
(10) made in response to a public notice soliciting communications from the public and directed to the
official specifically designated in the notice to receive such communications;
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(11) made on behalf of an individual with regard to that individual's employment or benefits;
(12) made by a fact witness or expert witness at an official proceeding; or
(13) made by a person solely on behalf of that individual, his or her spouse, or his or her minor children.
(i) Lobbying firm means:
(1) a self-employed lobbyist, or
(2) a person that has one or more employees who are lobbyists on behalf of a client or clients other than
that person.
(1) Municipal question means a public policy issue of a discretionary nature pending or impending before city
council or any board or commission, including, but not limited to, proposed action, or proposals for action, in
the form of ordinances, resolutions, motions, recommendations, reports, regulations, policies, nominations,
appointments, sanctions, and bids, including the adoption of specifications, awards, grants, or contracts.
The term "municipal question" does not include the day-to-day application, administration, or execution of
existing city programs, policies, ordinances, resolutions, or practices, including matters that may be approved
administratively without consideration by a board, a commission, or the City Council. The term "municipal
question" does include all discretionary matters before the Board of Adjustment, the Planning Commission
and all advisory committees and subcommittees thereof.
(k) Person means an individual, corporation, association, firm, partnership, committee, club, organization, or a
group of persons voluntarily acting in concert_
(1) Registrant means a person required to register under Section 2-63 of Division 5 (Persons Required to
Register as Lobbyists).
(m) Knowingly has the same meaning as in Division 1, Section 2-42 (Definitions).
SECTION 2-63 PERSONS REQUIRED TO REGISTER AS LOBBYISTS
Except as provided by Section 2-64 of Division 5 (Exceptions), a person or entity who engages in lobbying must
register with the City Clark if.
(a) with respect to any client, the person or entity engages in lobbying activities for compensation; or
(b) the person or entity expends monies for lobbying activities.
The terms "compensation" and "expenditure" are defined in Section 2-62 of Division 5 (Definitions).
SECTION 2-64 EXCEPTIONS
The following persons and entities are not required to register under Section 2-65 of Division 5 (Registration) or file
an activity report under Section 2-66 of Division 5 (Quarterly Activity Reports):
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(a) Media Outlets. A person who owns, publishes or is employed by:
(1) a newspaper,
(2) any other regularly published periodical,
(3) a radio station;
(4) a television station,
(5) a wire service, or
(6) any other bona fide news medium that in the ordinary course of business disseminates news, opinions,
or paid advertisements that directly or indirectly oppose or promote municipal questions or seek to
influence official action relating thereto, if the person does not engage in other activities that require
registration under Division 5 (Lobbyists). This Subsection does not exempt the news media or a person
whose relation to the news media is only incidental to a lobbying effort or if a position taken or
advocated by a media outlet directly impacts, affects, or seeks to influence a municipal question in
which the media outlet has a direct or indirect economic interest.
(b) Mobilizing Entity Constituents and Not -for -Profit Organizations. A person whose only lobbying activity is
to encourage or solicit the members, employees, or owners (including shareholders) of an entity by whom the
person is compensated to communicate directly with one or more city officials to influence municipal
questions. This exception is intended to apply to neighborhood associations and not -for -profit organizations.
(c) Governmental Entities. Governmental entities and their officials and employees, provided the
communications relate solely to subjects of governmental interest concerning the respective governmental
bodies and the city.
(d) Unknown Municipal Questions. A person who neither knows nor has reason to know that a municipal
question is pending at the time of contact with a city official. This Subsection does not apply if the existence of
a municipal question is discovered during on -going contacts with a city official and the person then engages in
additional lobbying of the same official or other city officials with respect to that municipal question.
(e) Dispute Resolution. An attorney or other person whose contact with a city official is made solely as part of
resolving a dispute with the city, provided that the contact is solely with city officials who do not vote on or
have final authority over any municipal question involved and so long as such an attorney complies with Rule
4.02 of the Texas Disciplinary Rules of Professional Conduct, as amended.
(f) Compensation of Registrant. A client who would only be required to register under Section 2-63 because of
any expenditure to compensate a registrant, other than an employee, to lobby on a municipal question of
interest to the client, provided that the compensated registrant files a registration statement or activity report
for the period in question.
(g) Agent or employee. An agent or employee of a lobbying firm or other registrant that files a registration
statement or activity report for the period in question fully disclosing all relevant information known to the
agent or employee.
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(h) Individual. An individual who engages in lobbying but who neither receives compensation nor expends
monies for lobbying with respect to any client. The term "expends" does not include the cost of photocopying
documents, or creating other informational material by individuals who communicate with public officials to
express personal opinions on behalf of themselves, their family or members of their household.
(i) Attorneys. A licensed attorney who is performing an act that may be performed only by a licensed attorney.
SECTION 2-65 REGISTRATION
(a) Separate Registrations. A person or entity required to register as a lobbyist under Section 2-63 of Division 5
(Persons Required to Register as Lobbyists) must file a separate registration form for each client. A registrant
who makes more than one lobbying contact for the same client shall file a single registration form covering all
lobbying contacts for that client. Each registration form must be signed under oath. If the registrant is not an
individual, an authorized officer or agent of the registrant shall sign the form.
(b) Initial Registration. An initial registration form relating to a client must be filed by a person required to register
under Section 2-63 of Division 5 (Persons Required to Register as Lobbyists) within 90 days after the start of
lobbying activity for that client. However, in no event shall a registrant knowingly fail to register, or knowingly
fail to disclose such registration to relevant city officials, prior to official city action relating to the subject matter
of the lobbying activity.
(c) Subsequent Annual Registration. Except as provided in Subsection (f) (Termination of Registration)
previously filed, or was required to file, an initial registration form. subsequent registration forms must be filed annually each January for each client for whom a registrant
(d) Consolidated Registration for Firms/Organizations. An individual, firm or organization that registers as a
lobbyist and that employs agents or employees who engage in lobbying activity on behalf of the registrant's
clients may include the agents or employees within the registrant's initial and annual registration, by
identifying the agents or employees and disclosing lobbying activity as required under Subsection (e) by each
agent or employee,
(e) Required Disclosures. Initial or subsequent registration shall be on a form prescribed by the City Clerk and
shall include, to the extent applicable:
(1) the full name, telephone number, permanent address, and nature of the business of.
(A) the registrant;
(B) the client,
(C) any person, other than the client, on whose behalf the registrant has been engaged by the client to
lobby;
(D) any person, other than the client, who is known by the registrant to contribute financially to the
compensation of the registrant, or which, in whole or in major part, plans, supervises, or controls
the registrant's lobbying activities on behalf of the client;
(E) any lobbying firm for which the registrant is an agent or employee with respect to the client; and
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(F) each employee or agent of the registrant who has acted or whom the registrant expects to act as a
lobbyist on behalf of the client,
(2) a statement of all municipal questions on which the registrant or its agents or employees has lobbied
for the client in the year preceding the filing of the registration or foreseeably will lobby;
(3) a list of any positions held by the registrant or its agents or employees as an official or employee of the
City of San Antonio, as those terms are defined in Section 2-42 of Division 1 (Definitions) during the
Past two (2) years.
(4) if the registrant or its agents or employees is a former city official or employee, a statement that the
registrant's lobbying activities have not violated and will not foreseeably violate Section 2-56(a) or (b) or
Section 2-57(b) of Division 3 (Former City Officials and Employees) of this ethics code.
(f) Termination of Registration. A registrant shall file a notice of termination of registration with the City Clerk if
the registrant is no longer required to register by Section 2-63 of Division 5 (Persons Required to Register as
Lobbyists). A filing under this Subsection does not relieve the registrant of reporting requirements imposed by
Section 2-66 of Division 5 (Quarterly Activity Reports) for the reporting period in question.
(g) Fee. At the time of initial or subsequent annual registration with respect to a client, a registrant shall pay to the
city, and the City Clerk shall collect, a fee of $300 for the registrant and $300 for each agent or employee of
the registrant that engages in lobbying activity on behalf of the registrant's clients. All lobbyist registration fees
shall be deposited into a separate account within the general fund, which account shall be used to offset the
costs of administering the city's lobbying ordinance and the costs of handling disclosure filings.
(h) Ethics Code Briefing. During the registration process, the Ethics Compliance Officer shall offer a briefing to
each new registrant on Division 5 Lobbyists of the Ethics Code and each shall be provided with information
regarding the lobbyist provisions of the Ethics Code.
SECTION 2-66 QUARTERLY ACTIVITY REPORTS
(a) Required Disclosures. Except as provided in Section 2-64 of Division 5 (Exceptions), each registrant shall
file with the City Clerk a separate report signed under oath concerning the registrant's lobbying activities for each
client from whom, or with respect to whom, the registrant received compensation of, or expended, monies for
lobbying during the prior calendar quarter.
A firm, entity, or individual that employs agents or employees who lobby on behalf of that organization's or
employer's clients may file quarterly reports regarding lobbying activities on behalf of all the organization's or
employer's clients, so long as all activities by agents and employees that must be disclosed pursuant to
Division 5 are reported on the consolidated quarterly report. When a registrant files a quarterly report
disclosing the lobbying activities of its agents or employees, the registrant's agents and employees are not
required to file separate quarterly reports.
The report for the preceding calendar quarter shall be filed between the first and fifteenth day of April, July,
October, or January, or on the date registration on behalf of the client is required, whichever comes later. If
shall be on the form prescribed by the City Clerk and shall include, with respect to the previous
the registrant is not an individual, an authorized officer or agent of the registrant shall sign the form. The report
calendar
quarter, to the extent applicable:
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(1) the name of the registrant, the name of the client, and any changes or updates in the information
provided in the most recent registration statement fled pursuant to Section 2-65 of Division 5
(Registration);
(2) a list of the specific issues upon which the registrant or its agents or employees engaged in lobbying
activities, including, to the maximum extent practicable, a list of specific legislative proposals and other
proposed, pending, or completed official actions;
(3) a list of the city officials contacted by the registrant or its agents or employees on behalf of the client
with regard to a municipal question;
(4) a list of the employees or agents of the registrant who acted as lobbyists on behalf of the client;
(5) in the case of a registrant engaged in lobbying activities on its own behalf, a good faith estimate of the
total expenditures as defined in Section 2-62 of Division 5 (Definitions) that the registrant and its agents
or employees incurred in connection with lobbying activities,
(6) each gift, benefit, or expenditure greater than fifty dollars ($50);
(7) made to, conferred upon, or incurred on behalf of a city official or his or her immediate family by the
registrant, or by anyone acting on behalf of the registrant, shall be itemized by date, city official, actual
cost, and circumstances of the transaction;
(8) each exchange of money, goods, services, or anything of value by the registrant, or by anyone acting on
behalf of the registrant, with any business entity in which the registrant knows or should know that a city
official has an economic interest, or for which the city official serves as a director or officer, or in any
other policy making position, if:
(A) the total of such exchanges is one thousand dollars ($1000) or more in a calendar quarter; and
(B) the city official:
(i) has been lobbied by the registrant or its agents or employees during the calendar quarter; or
00 serves on a board or other city body that has appellate jurisdiction over the subject matter of
the lobbying.
Each exchange shall be itemized by date, business entity and address, city official, amount, and nature
of transaction. For purposes of this Subsection, the term "exchange' does not include a routine
purchase from a commercial business establishment, if the city official in question is neither aware, nor
likely to become aware, of the transaction; and
(9) the name and position of each city official or member of a city official's immediate family who is
employed by the registrant.
(b) Preservation of Records. Each registrant shall obtain and preserve all accounts, bills, receipts, books,
Papers and documents necessary to substantiate the activity reports required to be made pursuant to this
Section for five (5) years from the date of filing of the report containing such items.
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(c) No Activity or Changes. No quarterly activity report is required if there is no activity during the preceding
quarter calendar year and there are no other changes to items required to be reported.
(d) Estimates of income or expenses. For purposes of Subsections (a)(5), (a)(6), and (a)(7), required estimates
of compensation or expenses shall be made to the nearest one hundred dollars ($100), for amounts totaling
less than five thousand dollars ($5,000), and to the nearest one thousand dollars ($1000), for amounts totaling
more than five thousand dollars ($5000).
(e) Contingent fees. A person shall disclose employment to lobby on a contingent fee basis as well as any
arrangement to engage in lobbying activities on a contingent fee arrangement.
Section 2-67 RESTRICTED ACTIVITIES
(a) False Statements. A person who lobbies or engages another person to lobby, or any other person acting on
behalf of such persons, shall not intentionally or knowingly make any false or misleading statement of fact to
any city official, or, knowing a document to contain a false statement, cause a copy of such document to be
received by a city official without notifying such official in writing of the truth.
(b) Failure to Correct Erroneous Statement. A registrant who learns that a statement contained in a registration
form or activity report filed by the registrant during the past three (3) years is false shall not fail to correct that
statement by written notification to the City Clerk within thirty days of learning of the falsehood.
(c) Personal Obligation of City Officials. A person who lobbies or engages another person to lobby, or any
other person acting on behalf of such person, shall not do any act, or refrain from doing any act, with the
express purpose and intent of placing any city official under personal obligation to such lobbyist or person.
(d) Improper Influence. A registrant shall not cause or influence the introduction of any ordinance, resolution,
appeal, application, petition, nomination, or amendment thereto for the purpose of thereafter being employed
as a lobbyist to secure its granting, denial, confirmation, rejection, passage, or defeat.
(e) Use of False Identification. A person who lobbies or engages another person to lobby, or any other person
acting on behalf of such person, shall not cause any communication to be sent to a city official in the name of
any fictitious person or in the name of any real person, except with the consent of such real person.
(f) Prohibited Representations. A person who lobbies or engages another person to lobby, or any other person
acting on behalf of such person, shall not represent, either directly or indirectly, orally or in writing, that that
person can control or obtain the vote or action of any city official.
(g) Legislator's Exclusion. At any time within sixty (60) days of a date when the Texas Legislature is to be in
session, or at any time the Texas Legislature is in session, or when the Texas Legislature sits as a
Constitutional Convention, members of the Texas Legislature and their agents and employees are prohibited
from lobbying as that term is defined in Section 2-62. subsection (h), of Division 5, (Lobbyists) of this Code.
At any other time, the City of San Antonio strongly discourages members of the Texas Legislature and their
spouses, agents and employees from lobbying before the City of San Antonio.
If a legislator, his or her spouse, agent, or employee does engage in lobbying activity during a time outside a
regular session and outside the sixty (60) days before and after a regular session, and the governor calls a
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special session for which the legislator had no notice at the time of the lobbying activity, this section is not
violated.
(h) Lobbying by Councilmembers. At any time within sixty (60) days of a date when the Texas Legislature is to
be in session, or at any time the Texas Legislature is in session, or when the Texas Legislature sits as a
Constitutional Convention, Members of the City Council of the City of San Antonio are prohibited from
lobbying members of the Texas Legislature on behalf of the Councilmember's private client(s) or employer.
Councilmembers are not prohibited from meeting with members of the Texas Legislature on behalf of the City
of San Antonio concerning legislation, administrative action, or any other action In their official City capacity.
For the purposes of this subsection, lobbying means any oral or written communication (including an
electronic communication) to a member of the legislative branch, made directly or indirectly, by a City
Councilmember in an effort to influence or persuade a member of the legislative branch to favor or oppose,
recommend or not recommend, vote for or against, or take or refrain from taking action on any legislation or
administrative action on behalf of the Councilmember's private client(s) or employer.
At any other time, the City of San Antonio strongly discourages members of the City Council and their
opn behalf of the City of Saand onyees Antonio conce lobbying before legislation, administrative lre. This action, oroes anynot otherply to action in heir
official City capacity.
If a Councilmember, his or her spouse, agent, or employee does engage in lobbying activity during a time
outside a regular legislative session and outside the sixty (60) days before and after a regular session, and
the Governor calls a special session of which the Councilmember had no notice at the time of the lobbying
activity, this section is not violated.
(i) Limitations on Gifts. A person who lobbies or engages another person to lobby, or any other person acting
on behalf of such persons, shall not give gifts to a City official or a City employee or his or her immediate
family, save and except for
(1) items received that are of nominal value; or
(2) meals in an individual expense of $50 or less at any occurrence, and no more than a
cumulative value of $500 in a single calendar year, from a single source, as permitted in section 2-
45, or
(3) other gifts permitted under section 2-45.
0) Prohibited Lobbying. A person who lobbies or engages another person to lobby, or any other person acting
on behalf of such person, is prohibited from lobbying activities with City officials and employees regarding
such contract after a Request for Proposal (RFP), a Request for Qualifications (RFQ) or other solicitation has
been released. This no -contact provision shall conclude when the contract is posted as City Council agenda
item. If contact is required with City officials and employees such contact will be done in accordance with
procedures incorporated into the solicitation document. Violation of this provision by respondents or their
agent(s) may lead to disqualification of their offer from consideration.
SECTION 2-68 IDENTIFICATION OF CLIENTS
(a) Appearances. Each person who lobbies or engages another person to lobby appearing before the City
Council or an official body identified in the definition of "city official" in Section 2-62 of Division 5 (Definitions)
shall orally identify himself or herself and the client(s) he or she represents upon beginning an address. Each
person who lobbies or engages another person to lobby shall also disclose on appropriate sign -in sheets his
or her identity, the identity of the client he or she represents, and whether he or she is registered as a lobbyist
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as required by Section 2-63 of Division 5 (Persons Required to Register as Lobbyists).
(b) Oral Lobbying Contacts. Any person who makes an oral lobbying contact with an official shall, identify the
client or clients on whose behalf the lobbying contact is made and identify himself or herself as a registered
lobbyist.
(c) Written Lobbying Contacts. Any registrant who makes a written lobbying contact (including an electronic
communication) with a city official shall identify the client(s) on whose behalf the lobbying contact is made and
identify himself or herself as a registered lobbyist.
SECTION 2-69 TIMELINESS OF FILING REGISTRATIONS AND REPORTS
A registration or report filed by first-class United States mail or by common or contract carrier is timely if:
(a) it is properly addressed with postage and handling charges prepaid; and
(b) it bears a post office cancellation mark or a receipt mark from a common or contract carrier indicating a time
within the applicable filing period or before the applicable filing deadline, or if the person required to file
furnishes satisfactory proof that it was deposited in the mail or with a common or contract carrier within that
period or before that deadline.
SECTION 2-70 ADMINISTRATION
The City Clerk shall:
(a) provide guidance and assistance on the registration and reporting requirements for lobbyists and develop
common standards, rules, and procedures for compliance with Division 5 (Lobbyists);
(b) review for completeness and timeliness registrations and reports;
(c) maintain filing, coding, and cross-indexing systems to carry out the purposes of Division 5 (Lobbyists),
including:
(1) a publicly available list of all registered lobbyists, lobbying firms, and their clients; and
(2) computerized systems designed to minimize the burden of filing and maximize public access to
materials filed under Division 5 (Lobbyists);
(d) make available for public inspection and copying at reasonable times the registrations and reports filed under
Division 5 (Lobbyists); and
(e) retain registrations and reports in accordance with the Local Government Records Act.
SECTION 2-71 CONSTITUTIONAL RIGHTS
Nothing in Division 5 (Lobbyists) shall be construed to prohibit or interfere with any person's rights guaranteed by
the United States and Texas Constitutions,
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DIVISION 6: MEMBERS OF THE PUBLIC AND OTHERS
Division 6 (Members of the Public and Others) applies to current and former city officials and employees, persons
doing business with the city, and lobbyists, as well as to members of the public and any other person (including
business entities and nonprofit entities).
SECTION 2-72 FORMS OF RESPONSIBILITY
No person shall intentionally or knowingly induce, attempt to induce, conspire with, aid or assist, or attempt to aid
or assist another person to engage in conduct violative of the obligations imposed by Divisions 2 (Present City
Officials and Employees), 3 (Former City Officials and Employees), 4 (Persons Doing Business with the City), and
5 (Lobbyists) of this ethics code.
DIVISION 7: FINANCIAL DISCLOSURE
SECTION 2-73 FINANCIAL DISCLOSURE REPORT
(a) Persons Required to File Disclosure Form.
(1) City Officials and Designated City Employees. No later than thirty (30) days after accepting
appointment or assuming the duties of office, and annually thereafter, the city officials defined in
Section 2-42 of Division 1 (Definitions), Police Department Captains, Assistant Chiefs, and Deputy
Chiefs, all appointed Deputy Fire Chiefs and appointed Assistant Fire Chiefs, and any Assistant Fire
Chief who either works in the Fire Administration Building or any other division and is involved in having
input to any contract, vehicle specification, or who is otherwise involved with the purchasing of any
product, service, or land for the Fire Department, any fire Inspector, Plan Reviewer or Uniformed
Administrator of the Fire Prevention Division, any uniformed employee involved in maintaining
Departmental Personnel Records located at the Fire Administration Building, any uniformed Personnel
utilized in evaluating or purchasing equipment, vehicles or any other purchases who also have contact
with contractor(s) who provide such equipment or vehicles, and any Uniformed Personnel utilized in
providing input to any contract or composing specifications of equipment and vehicles, who also have
contact with contractor(s) who provide such services, equipment or vehicles are required to file with the
City Clerk a complete sworn financial disclosure report.
(2) Exception. Candidates for City Council and City officials required to file financial disclosure
statements pursuant to Local Government Code Chapter 145 shall file financial disclosure statements
in compliance with the Local Government Code in place of filing statements required by this code of
ethics. Such officials shall also complete an addendum to the statement disclosing information
required by this code of ethics, but not required under the Local Government Code. The addendum
shall be prepared by the Office of the City Clerk. Deadlines for filing the financial disclosure documents
shall be governed by Chapter 145 of the Local Government Code.
(b) Open Records. Financial disclosure reports are open records subject to the Texas Open Records Act, and
shall be maintained in accordance with the Local Government Records Act.
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(c) Annual Filing Date. Annual financial disclosure reports filed by City officials who are City employees and by
City employees who are required to report must be received by the City Clerk by 4:30 P.M. on the 31st day of
January. Annual financial disclosure reports filed by City officials who are not City employees and who are
required to report must be received by the City Clerk by 4:30 P.M. on the 31st day of March. When the
deadline falls on a Saturday or Sunday, or on an official city holiday as established by the City Council, the
deadline for receipt by the City Clerk is extended to 4:30 p.m. of the next day which is not a Saturday or
Sunday or official city holiday. The City Clerk shall grant an extension of time in which to file a report upon
written request submitted in advance of the deadline. The extension shall not exceed fifteen (15) days.
Unforeseen Circumstances. In the event of an unforeseen circumstance, including, but not limited to, military
service or acute illness or leave without pay under the Family Medical Leave Act, the deadline for receipt by
the City Clerk is extended until such time as the city official or employee resumes his city duties.
(d) Reporting Periods. Each initial or annual financial disclosure report filed by an individual designated in
Section 2-73(a)(1) of Division 7 (Financial Disclosure Report), and each report filed by a candidate for City
Council, shall disclose information relating to the prior calendar year, as well as any material changes in that
information which occurred between the end of the prior calendar year and the date of filing.
(e) City Clerk. The City Clerk shall:
(1) prior to January 15 of each year, notify city officials who are city employees and employees specified in
Subsection (a)(1) of their obligation to file financial disclosure reports and provide forms to be
completed; and prior to February 15 of each year, notify city officials who are not city employees of their
obligation to file financial disclosure reports and provide the forms to be completed.
(2) provide forms to all new City Council appointees and those filing for elective office, and advise them of
reporting requirements and deadlines;
(3) provide guidance and assistance on the reporting requirements for persons required to file financial
disclosure reports and develop common standards, rules, and procedures for compliance with Division
7 (Financial Disclosure);
(4) review reports for completeness and timeliness;
(5) maintain filing, coding, and cross-indexing systems to carry out the purpose of Division 7 (Financial
Disclosure), including:
(A) a publicly available list of all persons required to file, and
(B) computerized systems designed to minimize the burden of filing and maximize public access to
materials filed under Division 7 (Financial Disclosure);
(6) make available for public inspection and copying at reasonable times the reports filed under Division 7
(Financial Disclosure);
(7) upon determining that such appointee who is required to file a financial disclosure report has failed to
do so or has filed incomplete or unresponsive information, notify the individual by certified mail that
failure to file or correct the filing within fifteen (15) days after the original deadline constitutes an
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automatic resignation At the same time, the City Clerk shall publicly announce to the City Council the names
of those who have not filed and to whom this notification is being sent. If such an appointee fails to file a
completed report within fifteen (15) days from the original deadline, the position shall be considered
vacant, and a new appointment shall be made by the City Council; and
(8) upon determining that the Mayor, a member of City Council, a candidate for City Council, the City
Manager, or a Municipal Court Judge or Magistrate has failed to timely file a financial disclosure report,
or has filed incomplete or unresponsive information, notify the individual by certified mail that failure to
file or correct the filing within fifteen (15) days after the original deadline will result in the matter being
forwarded to the Ethics Review Board. If the person in question fails to file a completed report within
fifteen days of the original deadline, a report of non-compliance shall be forwarded to the Ethics Review
Board for appropriate action.
(9) upon determining that a person other than as provided in subsections (7) or (8) above, has failed to
timely file a financial disclosure report, or has filed incomplete or unresponsive information, notify the
individual by certified mail that failure to file or correct the filing within fifteen (15) days after the original
deadline will result in the matter being forwarded to the City Manager. If the person in question fails to
file a completed report within fifteen days of the original deadline, a report of non-compliance shall be
forwarded to the City Manager for appropriate action.
The failure of the City Clerk to provide any notification required by this Section does not bar appropriate
remedial action, but may be considered on the issue of culpability.
(f) Exception. A city official who is a member of a board or commission created pursuant to federal or state law,
may only be removed for failing to file a financial disclosure form if allowed under federal or state law.
SECTION 2-74 CONTENTS OF FINANCIAL DISCLOSURE REPORTS
Each initial or annual financial disclosure report shall disclose, on a form provided by the city, the following
information:
(a) the reporting party's name;
(b) the name of any person related as parent, child, (except a child who is a minor), or spouse to the reporting
party,
(c) the name of any member of the reporting party's household not disclosed under Subsection (b) of this rule;
(d) the name of any employer of any person disclosed under Subsections (a) or (b) of this rule;
(e) the name of any business entity (including self employment in the form of a sole proprietorship under a
personal or assumed name) in which the reporting party or his or her spouse holds an economic interest,
(f) the name of any business which the reporting parry knows is a partner, or a parent or subsidiary business
entity, of a business entity owned, operated, or managed by the reporting party or his or her spouse,
(g) the name of any person or business entity from whom the reporting party or his or her spouse, directly or
indirectly:
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(1) has received and not rejected an unsolicited offer of subsequent employment, or
(2) has accepted an offer of subsequent employment which is binding or expected by the parties to be
carried out,
(h) the name of each nonprofit entity or business entity in which the reporting party serves as an officer or
director, or in any other policy making position,
(i) the name of each business entity which has sought city business, has a current city contract or anticipates
seeking city business in which any individual listed in Subsection (a) or (b) is known to directly or indirectly
own:
(1) ten (10) percent or more of the voting stock or shares of the business entity, or
(2) ten (10) percent or more of the fair market value of the business entity;
0) the name of any business entity of which any individual or entity disclosed under Subsection 2(a) or (2)(i) is
known to be:
(1) a subcontractor on a city contract,
(2) a partner; or
(3) a parent or subsidiary business entity.
(k) the name of each source of income, other than dividends or interest, amounting to more than five thousand
dollars ($5000) received during the reporting period by the reporting party or his or her spouse, unless that
source has been disclosed under Subsections (a) through 0) of this rule;
(1) the identification by street address, or legal or lot -and -block description, of all real property located in the State
of Texas in which the reporting party or his or her spouse has a leasehold interest, a contractual right to
purchase, or an interest as: fee simple owner; beneficial owner; partnership owner; joint owner with an
individual or corporation; or owner of more than twenty-five (25) percent of a corporation that has title to real
property. There is no requirement to list any property:
(1) used as a personal residence of a peace officer,
(2) over which the reporting party has no decision power concerning acquisitions or sale, or
(3) held through a real estate investment trust, mutual fund, or similar entity, unless the reporting party or
his or her spouse participates in the management thereof;
(m) the name of persons or entities to whom the reporting party or spouse owes an unsecured debt of more than
five thousand dollars ($5,000.00), other than debts for:
(1) money borrowed from a family member from his or her own resources; and
(2) revolving charge accounts.
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(n) the name of each person, business entity, or other organization from whom the reporting party, or his or her
spouse, received a gift with an estimated fair market value in excess of one hundred dollars ($100) during the
reporting period and the estimated fair market value of each gift. Excluded from this requirement are:
(1) lawful campaign contributions which are reported as required by state statute or local ordinance,
(2) gifts received from family members within the second degree of affinity or consanguinity;
(3) gifts from an individual based on personal friendship who during the preceding three calendar years: a)
has not done or sought to do business with the city, b) has not sought city action on any issue before
the City Council or any city board or commission; c) is not associated with any business or entity that
has done or sought to do business with the city, and d) is not associated with any business or entity that
has sought city action on any issue before the City Council or a city board or commission.
(4) gifts received among and between fellow city employees and city officials; and
(5) admission to events in which the reporting party participated in connection with official duties
(6) payment of or reimbursement of travel and accommodations expenses accepted in connection with
Official duties which have been reported under Section 2-76 (Travel Reporting Requirements); payment
for or reimbursement of expenses for travel in excess of authorized rates under city policy are gifts
subject to the reporting requirements under this section.
SECTION 2-75 SHORT FORM ANNUAL REPORT
A person who is required to file an annual financial disclosure report may fulfill his or her filing obligations by
submitting a short sworn statement on a form provided by the city, if there have been few or no changes in the
information disclosed by that person in a complete financial disclosure report filed within the past five (5) years.
The short statement shall indicate the date of the person's most recently filed complete financial disclosure report
and shall state that there have been no material changes in that information or shall list any material changes that
have occurred.
SECTION 2-76 TRAVEL REPORTING REQUIREMENTS
(a) Any city official or employee who, in connection with his or her official duties, accepts a trip or excursion
involving the gratuitous provision of transportation, accommodations, entertainment, meals, or refreshments
paid for by a person or entity other than a public agency must file with the City Clerk, before embarking on the
travel, a disclosure statement identifying:
(1) the name of the sponsor;
(2) the places to be visited: and
(3) the purpose and dates of the travel;
(4) the estimated amount of the expenses Paid-
(b) Acceptance of a trip or excursion by Municipal Court Judges and Magistrates, City Manager, Deputy City
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Manager, City Clerk, Assistant City Clerk, Assistant City Managers, Assistants to the City Manager, and all
department heads, assistant department heads, and employees in positions listed on the executive pay plan
(Job Class 1000 through 1999) must receive prior written approval of the City Manager. Other personnel must
receive written approval by their department director. Boards and commissions members must receive
approval by a vote of their board or commission.
SECTION 2-77 ITEMS RECEIVED ON BEHALF OF THE CITY
A city official or employee who accepts any item by way of gift valued over $100.00 or loan on behalf of the city
must promptly report that fact to the City Manager, who shall have the item appropriately inventoried as city
property.
SECTION 2-78 OTHER PERSONS REQUIRED TO REPORT GIFTS
In addition to the gift reporting requirements imposed by the financial disclosure rules stated in Section 2-74(n) of
Division 7 (Contents of Financial Disclosure Reports), other city employees specified on a list compiled annually by
the Human Resources Department (or its successor department) and submitted to the City Clerk, and contract
administrative assistants to members of City Council are also required to file an annual report on or before the 3151
day of January of each year showing the source of a gift received during the previous year with a value of over one
hundred dollars ($100.00). Excluded from this requirement are:
(1) lawful campaign contributions which are reported as required by state statute,
(2) gifts received from family members within the second degree of affinity or consanguinity
(3) gifts from an individual based on personal friendship who during the preceding three calendar
years: a) has not done or sought to do business with the city; b) has not sought city action on any
issue before the City Council or any city board or commission; c) is not associated with any
business or entity that has done or sought to do business with the city; and d) is not associated
with any business or entity that has sought city action on any issue before the City Council or a city
board or commission.
(4) gifts received among and between fellow city employees and city officials,
(5) admission to events in which the reporting party participated in connection with official duties;
(6) payment of or reimbursement of travel and accommodations expenses accepted in connection
with official duties which have been reported under Section 2-76 (Travel Reporting Requirements);
payment for or reimbursement of expenses for travel in excess of authorized rates under city policy
are gifts subject to the reporting requirements under this section.
SECTION 2-79 VIOLATION OF REPORTING REQUIREMENTS
Failure to timely file a report required by this ethics code is a violation hereof, as is the knowingly filing of a report
with incorrect, misleading, or incomplete information. If an individual inadvertently files an incorrect or incomplete
report, it is his or her responsibility to file an amended report as soon as possible, though no later than fifteen (15)
days after discovery of the error or after the error should have reasonably been discovered. If an individual
inadvertently files an incorrect or incomplete report, it is his or her responsibility to file an amended report as soon
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as possible.
To file a late or amended report, the person shall use the required report form provided by the City Clerk's Office
and mark in the appropriate box whether the report is late -filed or an amended report.
DIVISION 8 ETHICS REVIEW BOARD
SECTION 2-80 DEFINITIONS
As used in Division 8 (Ethics Review Board), the term "ethics laws" includes this code of ethics, codified as Chapter
2, Article III of the City Code, Section 141 of the City Charter, and Section 171 of the Texas Local Government
Code. The term "ethical violation" includes violations of any of those enactments. Other terms used in Division 8
(Ethics Review Board) are defined in Section 2-42 of Division 1 (Definitions).
The term "municipal campaign finance regulations" refers to the code of municipal campaign finance regulations,
codified as Chapter 2, Article VII of the City Code.
SECTION 2-81 STRUCTURE OF THE ETHICS REVIEW BOARD
(a) In accordance with Article XIII of the City Charter, there is hereby established an independent Ethics Review
Board, which shall have the powers and duties specified in Article XIII of the City Charter, Chapter 2, Article III
of the City Code (Ethics Code), and Chapter 2, Article VII of the City Code (Municipal Campaign Finance
Regulations), and other powers and duties prescribed by ordinance.
Upon appointment and administration of the oath of office of a quorum of this Ethics Review Board pursuant
to Article XIII of the City Charter, the former Ethics Review Board established under Ordinance No. 88874
(1998) shall be dissolved.
(b) Composition. The Ethics Review Board shall consist of eleven (11) members. The Mayor and each member
Of the City Council shall nominate one member of the Board. Each nominee must be confirmed by a majority
Of City Council members. Nomination and confirmation of Board members shall be conducted at separate
open meetings of the City Council.
(c) Terms of Office. Initial board appointments shall be made so that terms are staggered, with six members to
serve an initial term of two years and five members to serve an initial term of three years, determine after
appointment by lottery. Subsequent appointments shall be for a term of two years beginning on the day after
the expiration of the preceding full term. No member of the board shall serve for more than three full terms.
(d) Qualifications. Members of the Board shall have good moral character and shall be residents of the city. No
member of the Board shall be:
(1) a salaried city official or employee,
(2) an elected public official;
(3) a candidate for elected public office,
(4) an officer of a political party,-
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(5) a campaign treasurer, campaign manager, officer or other policy or decision -maker for the campaign of
any candidate for elected public office;
(6) a campaign treasurer, campaign manager, officer or other policy or decision -maker for any political
action committee as defined in the Texas Election Code;
(7) a member of any city board or commission other than the Ethics Review Board;
(8) a member of any board or commission for which the position is appointed by City Council
(`d) a lobbyist required to register under Division 5 (Lobbyists) of this ethics code.
Further, no member of the Ethics Review Board shall have any convictions for a felony or a crime of moral
turpitude, or shall have been found in violation of any provision of the city's Code of Ethics. The San
Antonio Police Department will conduct a criminal background check through the NCIC system for each
applicant to the board.
The City Council shall support the inclusion of at least one attorney and one individual with expertise in
finance or accounting within the membership of the Ethics Review Board.
(e) Removal. Members of the Ethics Review Board may be removed from office for cause by a majority of the
City Council only after a public hearing at which the member was provided with the opportunity to be heard.
Grounds for removal include: failure to satisfy, or to continue to satisfy, the qualifications set forth in
Subsection (d); substantial neglect of duty; gross misconduct in office; inability to discharge the powers or
duties of office; or violation of any provision in this code of ethics or a conviction of a felony or crime of moral
turpitude-
(f) Vacancies. The City Council shall fill any vacancy on the Board by a person who will serve the remainder of
the unexpired term. The nomination to fill a vacancy shall be made by the member of City Council (or his or
her successor) who had nominated the person whose successor is to be selected to fill the vacancy.
(g) Recusal. A member of the Ethics Review Board shall recuse himself or herself from any case in which,
because of familial relationship, employment, investments, or otherwise, his or her impartiality might
reasonably be questioned. A Board member may not participate in official action on any complaint:
(1) that the member initiated;
(2) that involves the member of City Council who nominated him or her for a seat on the Ethics Review
Board; or
(3) during the pendency of an indictment or information charging the member with any felony or
misdemeanor offense, or after a finding of guilt of such an offense.
If the number of Board members who are recused from a case is so large that an Ethics Panel cannot be
constituted, as provided for in Section 2-85 of Division 8 (Ethics Panel), the Mayor shall nominate a sufficient
number of ad hoc members so that the case can be heard. Ad hoc members of the Ethics Review Board must
be confirmed by a majority vote of the City Council and serve only for the case in question-
(h) Chair and Vice -Chair. Each year, the Board shall meet and elect a chair and a vice -chair from among its
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members, who will serve one-year terms and may be re-elected. The chair or a majority of the Board may call a
meeting of the Board. The chair shall preside at meetings of the Ethics Review Board and perform other
administrative duties. The vice -chair shall assume the duties of the chair in the event of a vacancy in that
Position.
(i) Panels. Each year, at the time of the election of a chair and vice -chair, the chair will also make panel
assignments. In the event of vacancies or absences, the chair may make reassignments as needed so that
each panel has no fewer than three members of the Board.
(j) Reimbursement. The members of the Ethics Review Board shall not be compensated but shall be
reimbursed for reasonable expenses incurred in the performance of their official duties.
SECTION 2-82 JURISDICTION AND POWERS
(a) Jurisdiction. The Ethics Review Board shall have jurisdiction to investigate and make findings and
conclusions concerning:
(1) an alleged violation of the ethics code enacted from time to time by ordinance;
(2) an alleged violation of regulations governing lobbying enacted from time to time by ordinance;
(3) an alleged violation of local campaign finance regulations enacted from time to time by ordinance; and
(4) an alleged violation of Section 141 of the City Charter, provided, however, that the Ethics Review Board
has no jurisdiction to find or conclude that a city officer or employee has forfeited his or her office or
position.
The Board shall not consider any alleged violation that occurred more than two (2) years prior to the date of
the filing of the complaint-
(b) Termination of City Official's or Employee's Duties. The termination of a city official's or employee's duties
does not affect the jurisdiction of the Ethics Review Board with respect to alleged violations occurring prior to
the termination of official duties.
(c) Powers. The Ethics Review Board has the power-
(1) to establish, amend, and rescind rules and procedures governing its own internal organization and
operations, consistent with ordinances pertaining to the Code of Ethics, including lobbying regulations,
and the Code of Municipal Campaign Finance;
(2) to meet as often as necessary to fulfill its responsibilities,
(3) to designate panels with the power to render decisions on complaints or issue advisory opinions on
behalf of the Board;
(4) to request from the City Manager the assignment of staff necessary to carry out its duties;
(5) to review, index, maintain on file, and dispose of sworn complaints;
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(6) to make notifications, extend deadlines, and conduct investigations, both on referral or complaint,
(7) to compel the production of sworn testimony, witnesses and evidence;
(8) to recommend cases for prosecution by appropriate authorities and agencies;
(9) to enforce its decisions by assessing civil fines and other sanctions authorized by ordinance,
(10) to request the City Attorney to provide an independent counsel to advise and represent the Board, when
appropriate or necessary to avoid a conflict of interest;
(11) to provide assistance in the training and education of city officials and employees with respect to their
ethical responsibilities,
(12) to prepare an annual report and to recommend to the City Council needed or desirable changes in
ordinances under its jurisdiction;
(13) to exercise such other powers and duties as may be established by ordinance.
SECTION 2-83 COMPLAINTS
(a) Filing. Any person (including a member of the Ethics Review Board or its staff, acting personally or on behalf
of the Board) who believes that there has been a violation of the ethics laws or the code of municipal
campaign finance regulations may file a sworn complaint with the City Clerk to allege such violations.
A complaint filed in good faith is qualifiedly privileged. A person who knowingly makes a false statement in a
complaint, or in proceedings before the Ethics Review Board, is subject to criminal prosecution for perjury
[see Division 8, Section 2-87(g) (Criminal Prosecution)] or civil liability for the tort of abuse of process.
(b) Form. A complaint filed under this section must be in writing and under oath and must set forth in simple,
concise, and direct statements:
(1) the name of the complainant;
(2) the street or mailing address and the telephone number of the complainant;
(3) the name of each person complained about;
(4) the position or title of each person complained about;
(5) the nature of the alleged violation, including, if possible, the specific provision of the code of ethics or
municipal campaign finance regulations alleged to have been violated;
(6) a statement of the facts constituting the alleged violation and the dates on which or period of time in
which the alleged violation occurred; and
(7) all documents or other material available to the complainant that are relevant to the allegation; a list of
all documents or other material relevant to the allegation and available to the complainant but that are
not in the possession of the complainant, including the location of the documents, if known; and a list of
all documents or other material relevant to the allegation but unavailable to the complainant, including
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the location of the documents, if known.
The complaint must be accompanied by an affidavit stating that the information contained in the
complaint is either true and correct or that the complainant has good reason to believe and does
believe that the facts alleged constitute a violation of the Ethics Code or the Code of Municipal
Campaign Finance Regulations. If the complaint is based on information and belief, the complaint shall
state the source and basis of the information and belief. The complainant shall swear to the facts by
oath before a notary public or other person authorized by law to administer oaths under penalty of
perjury.
The complaint must state on its face an allegation that, if true, constitutes a violation of a law
administered and enforced by the Board.
(c) Frivolous Complaint.
(1) For purposes of this section, a "frivolous complaint" is a sworn complaint that is groundless and brought
in bad faith or groundless and brought for the purpose of harassment.
(2) By a vote of at least two-thirds of those present, the Board may order a complainant to show cause why
the Board should not determine that the complaint filed by the complainant against a respondent is a
frivolous complaint.
(3) In deciding if a complaint is frivolous, the Board will be guided by the Texas Rules of Civil Procedure,
Rule 13, and interpretations of that rule, and may also consider:
(A) the timing of the sworn complaint with respect to when the facts supporting the alleged violation
became known or should have become known to the complainant, and with respect to the date of
any pending election in which the respondent is a candidate or is involved with a candidacy, if any;
(B) the nature and type of any publicity surrounding the filing of the sworn complaint, and the degree of
participation by the complainant in publicizing the fact that a sworn complaint was filed with the
Board;
(C) the existence and nature of any relationship between the respondent and the complainant before
the complaint was filed;
(D) if respondent is a candidate for election to office, the existence and nature of any relationship
between the complainant and any candidate or group opposing the respondent,
(E) any evidence that the complainant knew or reasonably should have known that the allegations in
the complaint were groundless; and
(F) any evidence of the complainant's motives in filing the complaint.
(4) Notice of an order to show cause shall be given to the complainant, with a copy to the respondent, and
shall include:
(A) an explanation of why the complaint against a respondent appears to be frivolous; and
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(B) the date, time, and place of the hearing to be held under this section.
(5) Before making a determination that a sworn complaint against a respondent is a frivolous complaint,
the Board shall hold a hearing at which the complainant may be heard, the complainant may be
accompanied by counsel retained by the complainant.
(6) By a record vote of at least two-thirds of those present after the hearing under subsection (5) of this
section, the Board may determine that a complainant filed a frivolous complaint and may recommend
sanctions against that complainant.
(d) Sanctions for Filing Frivolous Complaints.
(1) Before imposing a sanction for filing a frivolous complaint, the Board shall consider the following
factors:
(A) the seriousness of the violation, including the nature, circumstances, consequences, extent, and
gravity of the violation;
(B) the sanction necessary to deter future violations, and
(C) any other matters that justice may require.
(2) The Board may impose the following sanctions:
(A) a civil penalty of not more than $500.
(B) imposition of attorneys' fees incurred by the respondent of the frivolous complaint;
(C) any other sanction permitted by law.
(3) The Board may notify the appropriate regulatory or supervisory agency for their appropriate action.
This may include a referral to a criminal investigation agency or prosecution entity for investigation of
perjury-
(e) Confidentiality. Ex parte communications by members of the Ethics Review Board are prohibited by Section
2-85(d) of Division 8 (Ex Parte Communications).
(1) The Board and its staff shall not communicate any information about a pending sworn complaint,
including whether or not a complaint has been filed, to any person other than the respondent, the
complainant, and a witness or potential witness identified by the respondent, the complainant, or
another witness or potential witness.
(2) Information otherwise confidential under this section may be disclosed by entering it into the record of a
formal hearing or Ethics Review Board proceeding.
(3) Requests for records pertaining to complaints shall be responded to in compliance with the Texas
Public Information Act and the Texas Open Meetings Act-
(f) Notification to the Ethics Review Board. A copy of a complaint shall be promptly forwarded by the City
Clerk to the Ethics Compliance Officer and to the respondent(s), even if the complaint fails to meet the filing
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requirements of Division 8, Section 2-83(b) (Form) above. A complaint that is not sworn as required by Division 8,
Section 2-83(a), shall not be forwarded by the City Clerk to the Ethics Compliance Officer, but shall be
returned to the complainant. The respondent(s) shall also be provided with a copy of the ethics rules and
shall be informed:
(1) that, within fourteen (14) days of receipt of the complaint, he or she may file a sworn response with the
City Clerk;
(2) that failure to file a response does not preclude the Ethics Review Board from adjudicating the
complaint,
(3) that a copy of any response filed by the respondent(s) will be provided by the City Clerk to the
complainant, who may, within seven (7) days of receipt, respond by sworn writing filed with the City
Clerk, a copy of which shall be provided by the City Clerk to the respondent(s),
(4) that the complainant(s) or respondent(s) may request a hearing; and,
(5) that city officials and employees have a duty to cooperate with the Ethics Review Board, pursuant to
Section 2-85(e) of Division 8 (Ethics Panels).
Upon receipt, the City Clerk shall forward the response to the ethics compliance officer and the compliance
officer shall forward to the Ethics Review Board.
(g) Assistance. The City Clerk shall provide information to persons who inquire about the process for filing a
complaint.
SECTION 2-84 ETHICS COMPLIANCE OFFICER
(a) City Attorney's Office. The City Attorney or an Assistant City Attorney designated by the City Attorney shall
serve as the Ethics Compliance Officer for the city. The Ethics Compliance Officer shall:
(1) receive and promptly transmit to the Ethics Review Board complaints and responses filed with the City
Clerk;
(2) investigate, marshal, and present to the Ethics Review Board the evidence bearing upon a complaint,
(3) act as legal counsel to the Ethics Review Board;
(4) issue advisory opinions to city officials and employees about the requirements imposed by the ethics
laws; and
(5) be responsible for the training and education of city officials and employees with respect to their ethical
responsibilities,
(6) review complaints for legal sufficiency;
(7) recommend acceptance or rejection of complaint made to the Ethics Review Board, and
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(8) request additional information from complainant as needed.
{Ethics training information moved to Section 2-93 regarding training}
(b) Outside Independent Counsel. An independent outside attorney, who does not otherwise represent the city,
shall be appointed at the recommendation of the City Attorney, to serve as the Ethics Compliance Officer for a
particular case:
(1) when a complaint is filed relating to an alleged violation of the ethics laws by:
(A) the Mayor or a member of the City Council, or
(B) a city employee who is a department head or of higher rank;
(2) when the Ethics Review Board requests such an appointment; or
(3) when requested by the City Attorney.
An independent outside attorney who is appointed has the same duties and authority as the Ethics
Compliance Officer under Section 2-84(a)(1), (a)(2), (a)(3), (a)(6), (a)(7), and (a)(8) of Division 8 (Ethics
Compliance Officer).
(c) Exculpatory Evidence. The Ethics Compliance Officer shall disclose to the Ethics Panel and provide to the
person charged with violating the ethics or municipal campaign finance laws evidence known to the Ethics
Compliance Officer tending to negate guilt or mitigate the seriousness of the offense.
SECTION 2-85 ETHICS PANELS
(a) Assignment to an Ethics Panel. A complaint received by the Ethics Review Board from the Ethics
Compliance Officer shall be promptly assigned to an Ethics Panel consisting of three (3) or more members of
the Board, who shall have full power to investigate and dispose of the complaint. Each Ethics Panel shall be
constituted according to procedures established by the Board. Any member of an assigned Ethics Panel who
recuses himself or herself shall be replaced by another member of the Board according to established
procedures if that is necessary to ensure that the Panel has at least three (3) members. The identity of the
members of the Ethics Panel shall be revealed to the person charged in the complaint who, for good cause,
may request the recusal of any member of the panel.
(b) Notice of Charges. The Ethics Panel shall consider whether the facts of the case establish a violation of any
provision in the ethics laws, regardless of which provisions, if any, were identified in the complaint as having
been allegedly violated. However, before the Ethics Panel may find that a violation of a particular rule, the
respondent must be on notice that compliance with that rule is in issue and must have an opportunity to
respond. Notice is conclusively established: if the complaint alleged that the rule was violated; if compliance
with the rule is raised by a member of the Board or the Ethics Compliance Officer as a disputed issue at a
hearing before the Ethics Panel; or if the Board or the Ethics Compliance Officer provides the respondent with
written notice of the alleged violation and a fourteen (14) day period within which to respond in writing to the
charge.
(c) Scheduling of a Hearing. Regardless of whether the complainant or the respondent requests a hearing, the
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Ethics Panel has discretion to decide whether to hold a hearing.
(d) Ex Parte Communications. It is a violation of this code:
(1) for the complainant, the respondent, or any person acting on their behalf to engage or attempt to
engage, directly or indirectly, in ex parte communication about the subject matter of a complaint with a
member of the Ethics Panel, any other member of the Ethics Review Board, or any known witness to
the complaint; or
(2) for a member of an Ethics Panel or any other member of the Ethics Review Board to:
(A) knowingly entertain an ex pane communication prohibited by Subsection (1) of this rule; or
(B) communicate directly or indirectly with any person, other than a member of the Ethics Review
Board, its staff, or the Ethics Compliance Officer, about any issue of fact or law relating to the
complaint.
(e) Duty to Cooperate. All city officials and employees shall cooperate with the Ethics Review Board and shall
supply requested testimony or evidence to assist it in carrying out its charge. Failure to abide by the
obligations imposed by this Subsection is a violation of this code of ethics.
(f) Extension of Deadlines. A complainant or respondent who fails to meet a deadline to submit a filing with the
Ethics Review Board may file a Request to Accept Late Filing. The complainant or respondent must include
within the request a statement of good cause for the board to grant the request. The assigned panel may
grant a request to accept a late filing for good cause. Any extension given to a respondent pursuant to his or
her request shall extend the deadline for the board to issue a decision under Section 2-87 by the amount of
time granted.
(g) Timeliness of Notices or Submissions. When the ethics code or code of municipal campaign finance
regulations requires a notice or other document to be submitted or otherwise given to a person or to the Ethics
Review Board, the requirement is met in a timely fashion if the document is sent to the person or the board by
first-class mail or certified mail addressed with postage or handling charges prepaid and it bears a post office
cancellation mark indicating a date within the time required to provide notice or to submit a document, unless
another method of submission is expressly required.
SECTION 2-86 HEARINGS
At any hearing held by an Ethics Panel during the investigation or disposition of a complaint, the following rules
apply:
(a) General Rules. At least three (3) members of the Ethics Panel must be present for the hearing. Any member
of the Ethics Panel who is not present ceases to be a member of the Ethics Panel and may not participate in
the disposition of the case. All witnesses must be sworn and all questioning of witnesses shall be conducted
by the members of the Ethics Panel or the Ethics Compliance Officer. The Ethics Panel may establish time
limits and other rules relating to the participation of any person in the hearing. No person may be held to have
violated the ethics laws or the municipal campaign finance regulations unless a majority of the Ethics Panel so
finds by a preponderance of the evidence. The panel may also elect to bring a complaint to the board in its
entirety to hear the matter as a panel of the whole board.
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(b) Evidence. The Ethics Panel shall rely on evidence of which a reasonably prudent person commonly relies in
the conduct of the person's affairs. The Ethics Panel shall further abide by the following:
(1) The Panel shall hear evidence relevant to the allegations; and
(2) The Panel shall not consider hearsay unless it finds the nature of the information is reliable and useful.
(c) The Person Charged (Respondent). The person charged in the complaint has the right to attend the
hearing, the right to make a statement, the right to present witnesses, and the right to be accompanied by
legal counsel or another advisor. Only legal counsel to the person charged in the complaint may advise that
person during the course of the hearing, but may not speak on his or her behalf, except with the permission of
the Ethics Panel. The time permitted for presentation will be at the discretion of the Board.
(d) The Complainant. The complainant has the right to attend the hearing, the right to make a statement, and the
right to be accompanied by legal counsel or another advisor. Only legal counsel to the complainant may
advise the complainant during the course of the hearing, but may not speak on behalf of the complainant,
except with the permission of the Ethics Panel. Witnesses may not be presented by the complainant, except
with the permission of the Ethics Panel. The time permitted for presentation will be at the discretion of the
Board.
SECTION 2-87 DISPOSITION
(a) Written Opinion. The Ethics Panel shall issue a decision within ninety (90) days after the filing of a complaint.
This deadline shall be extended by any amount of time granted to a respondent pursuant a respondent's
request for additional time to respond or to attend proceedings. The Ethics Panel shall state in a written
opinion its findings of fact and conclusions of law. The written opinion shall either:
(1) dismiss the complaint; or
(2) upon finding that there that there has been a violation of the ethics laws or the municipal campaign
finance laws:
(A) impose sanctions in accordance with these regulations; or
(B) recommend criminal prosecution and/or civil remedies, in accordance with this Rule; or
(C) state why no remedial action is imposed or recommended.
If the Ethics Panel determines that a violation has occurred, the opinion shall identify in writing the particular
rule or rules violated. If the complaint is dismissed, the grounds for the dismissal shall be set forth in the
opinion. The failure of the Ethics Panel to comply within the above time limits may result in the charge being
dismissed for want of prosecution. Prior to such dismissal, the complainant will be given notice and an
opportunity to request continuance of the action.
(b) Notification. Copies of the opinion shall be forwarded to the complainant, the person charged in the
complaint, the Ethics Compliance Officer, and any member of the Ethics Review Board who did not participate
in the disposition of the case. A copy of the opinion shall also be forwarded to the City Clerk, who shall make it
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available as authorized by law.
(c) Recommendations. A recommendation for criminal prosecution shall be forwarded to the appropriate law
enforcement agency. (note: Civil remedies covered in subsection (f) below)
(d) Similar Charges Barred. If the complaint is dismissed because the evidence failed to establish a violation of
the ethics laws or the municipal campaign finance ordinance, the Ethics Review Board shall not entertain any
other similar complaint based on substantially the same evidence.
(a) Factors Relevant to Sanctions.
(1) General Violations (Non -Reporting Violations). In deciding whether to recommend or impose, in the
case of a violation of the ethics law, criminal prosecution and/or civil remedies, the Ethics Panel shall
take into account relevant considerations, including, but not limited to, the following:
(a) the culpability of the person charged in the complaint;
(b) the harm to public or private interests resulting from the violation,
(c) the necessity of preserving public confidence in the conduct of local government;
(d) whether there is evidence of a pattern of disregard for ethical obligations; and
(e) whether remedial action has been taken that will mitigate the adverse effect of the violation.
To impose or recommend sanctions for a first violation of the ethics code or municipal campaign finance code,
other than a letter of notification, a letter of admonition or a referral to training, the board must find by a
preponderance of the evidence that the person acted knowingly, unless otherwise provided by this code.
(2) Reporting Requirement Violations. To impose sanctions, other than a letter of notification, a letter of
admonition or a referral to training, for untimely or incomplete submission of reports required by the
ethics code or the municipal campaign finance regulations, the board must determine by a
preponderance of the evidence that the person knowingly:
(a) failed to file the report on time; or
(b) failed to include in the report information that is required to be included; or
(c) submitted inaccurate or false information.
Failure to submit a required report or an amended report after receipt of notice of non-compliance by the City
Clerk's Office, the City Attorney's Office or the Ethics Review Board may be considered evidence of a
knowing failure to comply with reporting requirements.
Upon finding a second or subsequent untimely, incomplete or inaccurate submission of reports within a two
year period of time, the board may issue a letter of reprimand regardless of whether the second or
subsequent violation was made knowingly by the filer.
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(f) Civil Sanctions for Ethics Code Violations. The following civil remedies may be recommended or imposed
by an Ethics Panel which finds that the ethics laws have been violated:
(1) Disciplinary Action. Civil service employees who violate this code of ethics may be disciplined in
accordance with city personnel rules and procedures. Other city officials and employees who engage in
conduct that violates this code may be notified, warned, reprimanded, suspended, or removed from
office or employment by the appointing authority, or by a person or body authorized by law to impose
such remedies. Disciplinary action under this Section may be imposed in addition to any other penalty
or remedy contained in this code of ethics or any other law. The Ethics Review Board may refer a
violation to the City Manager or his or her designate for disciplinary action in accordance with any
applicable municipal civil service rules,
(2) Suit for Damages or Injunctive Relief. This code of ethics has been enacted not only to further the
policy stated in section 2-41 (Statement of Purpose), but to protect the City and any other person from
any losses or increased costs incurred by the City or other person as a result of the violation of these
provisions. It is the intent of the City that this ethics code can and should be recognized by a court as
a proper basis for a civil cause of action for damages or injunctive relief based upon a violation of its
provisions, and that such forms of redress should be available in addition to any other penalty or
remedy contained in this code of ethics, municipal campaign finance or any other law. The Ethics
Review Board may refer a violation of the ethics code or the municipal campaign finance regulations to
the City Attorney's Office for consideration of a suit by the city for damages or injunctive relief.
(3) Disqualification from Contracting or Lobbying.
(a) If the Ethics Review Board finds that any person (including business entities and non-profit entities)
has intentionally or knowingly violated any provision of the Ethics Code, or has intentionally or
knowingly assisted another person in violating any provision of the Ethics Code, or has violated a
provision or assisted another in a violation that the person should have known was a violation of
the Ethics Code, the Ethics Review Board may recommend to the City Council that the person be
prohibited from entering into any contract with the city or prohibited from lobbying on behalf of
clients before the city for a period not to exceed three (3) years.
An entity or nonprofit entity may also be disqualified from contracting based on the conduct of an
employee or agent in violation of this code.
(b) It is a violation of this code of ethics:
(1) for a person debarred from entering into a contract with the city to enter, or attempt to enter,
into a contract with the city during the period of disqualification from contracting; or
(2) for a city official or employee to knowingly assist a violation of Subsection (b)(1) of this rule.
(c) Nothing in this section shall be construed to prohibit any person from receiving a service or benefit,
or from using a facility, which is generally available to the public, according to the same terms.
(4) Recommendation to Void or Ratify Contract. If the Ethics Review Board finds that there has been
an intentional or knowing violation of any provision of the Ethics Code, or that a person has committed
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a violation that he or she should have known was a violation of the code that is related to the awarding of a
contract, the Ethics Panel must vote on whether to recommend to the City Council that the contract be
ratified or voided. Such action shall not affect the imposition of any penalty or remedy contained in this
code of ethics or any other law,
(5) Civil Fine. The Ethics Review Board may impose upon any person, whether or not an official or
employee of the city, who violates any provision of this code of ethics a fine not exceeding five hundred
dollars ($500). Each day after any filing deadline imposed by division 5 (Lobbyists) and division 7
(Financial Disclosure) or the municipal campaign finance code for which any required statement has not
been filed, or for which a statement on file is incorrect, misleading, or incomplete, constitutes a separate
offense.
(6) Letter of Notification. The Ethics Review Board may issue to any person, whether or not an official
or employee of the city, when the board finds that a violation of the code of ethics was clearly
unintentional or inadvertent. The letter must advise the person to whom it is directed of any steps to be
taken to avoid future violations;
(7) Letter of Admonition. The Ethics Review Board may issue to any person, whether or not an official or
employee of the city, a letter of admonition when the board finds that the violation of the code of ethics
was minor and/or may have been unintentional or inadvertent.
(8) Letter of Reprimand. The Ethics Review Board may issue to any person, whether or not an official or
employee of the city, a letter of reprimand when the board finds that the person has intentionally or
knowingly violated the code of ethics.
(9) Referral to Ethics Training. Upon finding of violation of the ethics code, the Ethics Review Board
may require a city official or employee to attend ethics code training.
(g) Criminal Prosecution. An Ethics Panel may recommend to the appropriate law enforcement agency criminal
prosecution under this section or under Section 171 of the Texas Local Government Law. Prosecution of any
person by the City Attorney for a violation of this ethics code shall not be undertaken until a complaint is
disposed of in accordance with Section 2-87. However, the absence of a recommendation to prosecute from
an Ethics Panel to the City Attorney shall not preclude the City Attorney from exercising his or her
prosecutorial discretion to prosecute a violation of this ethics code. Any person who files a false sworn
statement under division 5 (Lobbyists), division 7 (Financial Disclosure), or division 8 (Ethics Review Board) or
the municipal campaign finance code is subject to criminal prosecution for perjury under the laws of the State
of Texas.
(h) Reconsideration. Within 5 business days of receiving the final opinion of the Ethics Review Board, the
complainant or respondent may request the Ethics Review Board to reconsider its decision. The request must
be filed with the Office of the City Clerk. Within fifteen (15) days after filing with the City Clerk, the originally
assigned panel shall review the the request for reconsideration. If the panel concludes reconsideration is
warranted, it shall bring the request within another fifteen (15) days to the full board for decision on whether to
grant reconsideration. If the full board grants reconsideration, the board may then order further proceedings
in accordance with the provisions of this code.
(i) Council Action. City Council shall dispose of a recommendation from the Ethics Review Board within ninety
(90) days of receiving such recommendation. The recommendation(s) of the Ethics Review Board may be
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accepted, rejected, modified, or recommitted to said Board for further action or clarification. Failure to take action
within specified time limits may result in the charge being dismissed for want of prosecution. Prior to such
dismissal, the complainant will be given notice and an opportunity to request continuance of the action.
0) Appeals. A decision of the Ethics Review Board is final unless the person aggrieved by the decision appeals
to the state district court in Bexar County no later than thirty days after the date the Board renders the
decision. An appeal of a Board decision is initiated by filing a verified petition setting forth the specific points
of error alleged. The District Court shall review an appeal under this section under the substantial evidence
rule and shall base its decision on the court's review of the record of the hearing before the Board. The
District Court will affirm the findings and decision of the Ethics Review Board and may not substitute its
judgment for that of the board unless the Board's decision was arbitrary, capricious, unlawful, or not supported
by substantial evidence.
If the decision of the Ethics Review Board is not supported by substantial evidence, the District Court may
reverse or affirm the Board's decision in whole or in part, or may modify the Board's decision if substantial
rights of the aggrieved person have been prejudiced. The procedures and remedies of said appeals will be
governed by the rules and regulations promulgated by the ordinance. Costs of an appeal may not be
assessed against the Board, individual board members, or the City of San Antonio.
SECTION 2-88 PETITION FOR DECLARATORY RULING
Any city official or employee against whom public allegations of ethics or campaign finance violations have been
made in the media or elsewhere shall have the right to file a sworn statement with the City Clerk affirming his or her
innocence, and to request the Ethics Review Board to investigate and make known its findings, and make any
relevant recommendations concerning the issue.
SECTION 2-89 ADVISORY OPINIONS
(a) Advisory Opinions Issued by the Ethics Review Board
(1) Ethics Code Inquiries by Persons Other Than City Officials and Employees.
(A) By writing filed with the City Clerk, any person other than a city official or employee may request an
advisory opinion with respect to the interpretation of the ethics laws, but only with respect to
whether proposed action by that person would violate the ethics laws. The City Clerk shall
promptly transmit all requests for advisory opinions to the Ethics Compliance Officer and the chair
of the Ethics Review Board. (City officials and employees may request advisory opinions from the
City Attorney pursuant to Subsection (b)).
(B) Within thirty (30) days of receipt by the chair of the Ethics Review Board of a request for an
advisory opinion, the Board, acting en banc or through a designated Ethics Panel, shall issue a
written advisory opinion. During the preparation of the opinion, the Board may consult with the
Ethics Compliance Officer of the city and other appropriate persons. An advisory opinion shall not
reveal the name of the person who made the request, if that person requested anonymity, in which
case the opinion shall be written in the form of a response to an anonymous, hypothetical fact
situation. A copy of the opinion shall be indexed and kept by the Ethics Review Board as part of its
records for a period of not less than five (5) years. In addition, copies of the opinion shall be
forwarded by the chair of the Ethics Review Board, or the Ethics Compliance Officer, to the person
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who requested the opinion, to the members of the Ethics Review Board, and to the City Clerk, The City
Clerk shall make the opinion available as a public record in accordance with the Local Government
Records Act. The Ethics Compliance Officer shall promptly post the opinion for a period of no less
than five years on the Internet via the City of San Antonio homepage.
(2) Opinions Initiated by the Board. On its own initiative, the Ethics Review Board, acting as the full
board or through a designated Ethics Panel, may issue a written advisory opinion with respect to the
interpretation of the ethics laws or the municipal campaign finance regulations as they apply to persons
other than city officials and employees if a majority of the Board determines that an opinion would be in
the public interest or in the interest of such person or persons subject to the provisions of the ethics
laws. Such an opinion may not include the name of any individual who may be affected by the opinion.
A copy of any such opinion shall be indexed and kept by the Ethics Review Board as part of its records
for a period of not less than five (5) years. In addition, copies of the opinion shall be forwarded by the
chair of the Ethics Review Board, or his or her designate, to the Ethics Compliance Officer and to the
City Clerk. The City Clerk shall make the opinion available as a public record in accordance with the
Local Government Records Act. The Ethics Compliance Officer shall promptly post the opinion for a
period of no less than five years on the Internet via the City of San Antonio homepage.
(3) Reliance. If a person reasonably and in good faith acts in reliance on an advisory opinion issued by the
Ethics Review Board, that fact may be considered by an Ethics Panel in adjudicating a complaint fled
against that person, but does not by itself bar the finding of a violation.
(b) Ethics Advisory Opinions Issued by the Ethics Compliance Officer.
(1) Ethics Inquiries by City Officials and Employees.
(A) By writing filed with the Office of the City Attorney, any city official or employee may request an
advisory opinion with respect to whether proposed action by that person would violate the ethics
laws.
(B) Within thirty (30) days of receipt of the request by the Office of the City Attorney, the Ethics
Compliance Officer shall issue a written advisory opinion. The advisory opinion shall not reveal the
name of the person who made the request, if that person requested anonymity, in which case the
opinion shall be written in the form of a response to an anonymous, hypothetical fact situation.
Opinions that address new issues and that are instructive on the application of the ethics
regulations shall be posted on the ethics webpage in a manner that does not reveal the identity of
the individual requesting the opinion.
(2) Reliance.
(A) A person who reasonably and in good faith acts in accordance with an advisory opinion issued by
the Ethics Compliance Officer may not be found to have violated the ethics laws by engaging in
conduct approved in the advisory opinion, provided that:
(i) he or she requested the issuance of the opinion;
the request for an opinion fairly and accurately disclosed all relevant facts; and
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(iii) less than five years elapsed between the date the opinion was issued and the date of the
conduct in question.
SECTION 2-90 ANNUAL REPORT
The Ethics Review Board shall prepare and submit an annual report to the Mayor and City Council detailing the
activities of the Board during the prior year. The format for the report shall be designed to maximize public and
private understanding of the Board's operations, and shall include a summary of the content of ethics opinions
issued by the Board and a listing of current city lobbyists based on information gathered by the Board from records
on file with the City Clerk. The report may recommend changes to the text or administration of this code of ethics.
The Ethics Compliance Officer shall post the report on the city's ethics webpage.
SECTION 2-91 PUBLIC RECORDS AND OPEN MEETINGS
Meetings and other proceedings of the Ethics Review Board will be conducted in compliance with the
Texas Open Meetings Act. Requests for records will be handled in compliance with the Texas Public
Information Act.
Division 9: Administrative Provisions
SECTION 2-92 OTHER OBLIGATIONS
This code of ethics and the municipal campaign finance code are cumulative of and supplemental to applicable
state and federal laws and regulations. Compliance with the provisions of this code shall not excuse or relieve any
person from any obligation imposed by state or federal law regarding ethics, financial reporting, lobbying activities,
or any other issue addressed herein.
Even if a city official or employee is not prohibited from taking official action by this code of ethics, action may be
prohibited by duly promulgated personnel rules, which may be more stringent.
(Effective dates reflected in enabling ordinances)
SECTION 2-93 DISTRIBUTION AND TRAINING
(a) Within thirty (30) days after entering upon the duties of his or her position, every new official or employee shall
be furnished with information about this code of ethics. The failure of any person to receive a copy of this code
shall have no effect on that person's duty to comply with this code or on the enforcement of its provisions.
Upon appointment to a board or commission, such official shall be provided with a copy of the Ethics Code.
The Code of Ethics shall be posted on the city's webpage.
(b) The City Attorney or designated Ethics Compliance Officer, in consultation with the Ethics Review Board, shall
develop educational materials and conduct educational programs for the officials and employees of the city on
the provisions of this code of ethics, Section 141 of the City Charter, and Section 171 of the Texas Local
Government Law. Such materials and programs shall be designed to maximize understanding of the
obligations imposed by these ethics laws.
(c) The Office of the City Manager and Department of Human Resources shall enact an administrative directive
requiring that all departments provide their employees with training on the Ethics Code at least once every
other calendar year. Training shall be provided to all city departments by video or live presentation and will
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include educational materials. Additional presentations shall be offered to any department where necessary to
accommodate large numbers of employees.
(d) The Office of the City Attorney shall notify department directors regarding any significant amendments to the
Ethics Code within 30 days of adoption. Department directors shall disseminate the information to department
employees.
(e) Information shall be provided to employees terminating city service regarding the restrictions on former city
employees in Division 3 of this code.
SECTION 2-94 SEVERABILITY
If any provision of this code is found by a court of competent jurisdiction to be invalid or unconstitutional, or if the
application of this code to any person or circumstances is found to be invalid or unconstitutional, such invalidity or
unconstitutionality shall not affect the other provisions or applications of this code which can be given effect without
the invalid or unconstitutional provision or application.
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ARTICLE VII. CODE OF ETHICS*
*Cross reterences: Offenses and miscellaneous provisions. Ch. 23.
*Editor's note: Ord. No. 10617. § Ill). adopted .tune 26. 1990. amended Dix. I to read
as herein set out in §§ 2-1_36— 2-239. Prior to inclusion of said ordinance. Div. 1. §§ 2-
236--2-240, pertained to similar subject matter and derived from Code 1964. § 43-1(A)--
(E)_ Ord. No. 7552. § 1. adopted July M. 1977; Ord. No. 7704. § 1. adopted Feb. 21.
1975; Ord. No. 7530, § 1, adopted October 17, 1973; Ord. No. 3041. § 1, adopted Feb_ 5,
1950 and Ord. No. 5773, § 1, adopted April 12, 1953.
Sec. 2-236. Declaration of policy.
It is hereby declared to be the policy of the city that the proper operation of democratic
government requires that public officials and employees be independent, impartial and
responsible only to the people of the city: that governmental decisions and policy should
be made in the proper channels of the governmental structure; that no officer, employee
or member of any board, commission or committee should 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. To implement
such a policy, the city council deems it advisable to enact this code of ethics for all
officers, employees and advisory board members, whether elected or appointed, paid or
unpaid, to serve not only as a guide for official conduct of the city's public servants. but
also as a basis for discipline for those who refuse to abide by its terns. This code of
ethics is cumulative of other ordinances, city charter provisions and state statutes
defining and prohibiting conflict of interest.
(Ord. No. 10017. § I(1), 6-26-90)
See.2-237. Definitions.
For the purposes of this code of ethics the following words and phrases shall have the
meanings respectively ascribed to them by this section:
Advisory board shall mean a board_ commission or committee that functions only in an
advisory or study capacity.
Article shall mean Chapter 2, article V11, Code of Ethics of the Code ofthe City ofFort
Worth Texas (1956), as amended.
Benetit shall mean anything reasonably regarded as pecuniary gain or pecuniary
advantage, including benefit to any person in whom the beneficiary has a substantial
interest, but does not include a political contribution as defined by "title 15. Texas
Election Code.
Business entity shall mean a sole proprietorship, partnership, firm, corporation, holding
company. jointstock company. receivership, trust, or any other entity recognized by law.
Direct or indirect financial interest_ An officer or employee of the City has a financial
interest in a contract with the City if he, or a person, group or business entity in x+ Inch he
has a substantial interest, directly or indirectly:
( I) Engages in the exchange, purchase or sale of any land. goods, materials, supplies,
services or other thing of value with the city. except of behalf of the city as an officer or
employee: or
(2) Recciaes any commission, royalty, premium or other payment from the
exchange, purchase or sale of any land. goods, materials. supplies, services or other
thing of value with the city, except on behalf of the city as an officer or employee: or
(3) Enters into any contract with the city. except:
a. Rendering services to the city aS an officer or employee:
b. Paying taxes. fines, utility service or filing fees:
C. Subject to restrictions contained in the city charter. executing and performing any
community facilities contract or plat in compliance with the laws and regulations
applicable to any person.
(See Chapter A\VI1. Section 16. Fort Worth City Charter.)
Elected city official shall mean any member of the city council.
Employee shall mean any person employed by the city whether under civil service or not
(except firefighters and police officers who are covered by state civil service laws).
including those individuals on a part-time basis, but such term shall not be extended to
apply to any independent contractor.
Intent or intentionally. A person acts intentionally. or with intent, with respect to the
nature of ]its 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.
Officer shall mean any member of the city council and any appointive member of a
board, commission or committee established by ordinance, charter or state law:
provided, no member of a board, commission or committee that functions only in an
advisory or study capacity shall be deemed an officer of the city.
Substantial interest.
(1) A person has a substantial interest in a business entity if:
a. The interest is ownership of ten ( 10) percent or more of the voting stock or shares
ofthe business entity or ownership of either ten (10) percent or more or five thousand
dollars (55.000.00) or more of the fair market value of the business entity (see Section
171.002. Texas Local Government Code): or
b. Funds received by the person than the business entity exceed ten (10) percent of
the person's gross income for the previous year (see Section 171-002. Texas Local
Government Code): or
C. The person holds a position of member of the board of directors or other
"ovenling board of the business entity: or
d. The person sea=es as an elected officer of the business entity; or
C. The person is an employee of the business entity: or
f. The person is a creditor, debtor or guarantor of any person, group or business
entity in the amount of five thousand dollars (S5.000.00) or more: or
g. Property of the person has been pledged to a person, group or business entity or
is subject to a lien in vor of the person_ g faroup or business entux in the amount of fiv c
thousand dollars (S5.000.00) 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: and
b. The person has been designated by the city council to serve on such board: and
C. The person receives no remuneration, either direct Iv or indirectly, for his service
on such board: and
d. The primary nature of the business entity is either charitable. nonprofit or
.1ovennncntal.
(3) A person has a substantial interest in real property ifthe interest is an equitable or
legal ownership interest with a Fair market value of two thousand five hundred dollars
(S2,500.00) or more (see Section 171.002. Texas Local Government Code).
(=4) A person has a substantial interest under this article if the person's spouse or a
person related to the person in the first degree by consanguinity or affinity has a
substantial interest under this article (see Section 171_002. Texas Local Government
Code). A person is related in the first degree by consanguinity to his or her father.
mother, brother. sister, son or daughter. A person is related in the first degree by affinity
to his or her father-in-law, mother-in-law, brother's spouse, sister's spouse, son-in-law or
daughter-in-law.
(Ord. No. 10617, � 1(1 ). 6-26-90; Ord. No. 12611, § 1(1), 8-8-96)
Sec. 2-238. Standards of conduct.
(a) No city officer, employee or advisory board member, or their spouses, shall
knowingly:
(1) Accept or solicit any benefit from any person, group or business entity that might
reasonably tend to influence him in the discharge of his official duties;
(2) Grant in the discharge of his official duties any improper benefit to any person.
group or business entity;
(3) Accept or solicit any benefit, including a promise of future employment, of
sufficient economic value that it might reasonably tend to influence him, in the discharge
of his official duties, from any person, group or business entity
a. Who is licensed or has a substantial interest in any business entity that is licensed
by any city department. agency, commission or board on which the city officer,
employee or advisory board member serves; or
b. Who has a personal financial interest in any proposed ordinance or decision upon
which the city officer, employee or advisory board member may or must act or make a
recommendation; provided, however, that any city officer, employee or advisory board
member and any spouses, may accept travel and related expenses and attend ceremonial
functions, provided that such acceptance and attendance have been approved by the city
council prior to the occurrence of the ceremonial function.
(d) Disclose any confidential information gained by reason of the position of the
officer. employee or advisory board member concerning the property, operations.
policies or affairs of the city, or use such confidential information to advance any
personal interest. financial or otherwise, of such officer, employee or advisory board
member. or others.
This subparagraph lT) shall not preclude disclosure of such confidential information in
connection with any investigation or proceeding regarding whether there has been a
violation ofthe standards ofconduct set forth in this article.
(5) Use one's position or office of employment, or city facilities, personnel,
equipment or supplies for the private gain of the city officer. employee or advisory board
member, or lix the private gain of his spouse.
(6) Engage in any exchange. purchase or sak of property, goods or services with the
city. except:
a_ Rendering services to the city as an officer, employee or advisory board member:
h. The paying of taxes, tines, utility service or filing fees:
C. Subject to restrictions contained in the charter ofthe city, executing and
performing any comnunitV facilities contract or plat in compliance with laws and
regulations applicable to any person: provided. however, that if any city ordinance, rule
or regulation allows any discretion by the appropriate officers or employees of the city in
the interpretation or enforcement of such ordinance, rule or regulation any such
discretion shall be exercised in favor of the city in connection with any such community
facilities contract or plat:
d. Members of advisory boards set up by ordinance, charter or state law who are not
otherwise officers or employees of the city. may engage in any exchange, purchase or
sale ol'property, goods or services with the city. or enter into a contract with the city.
provided, however, that the board of which they are a member has no advisory function
or cognizance, direct or indirect, present or prospective, with respect to the transaction in
which such advisory board member engages or proposes to engage.
(b) No member of the city council, salaried city officer or city employee shall
knowingly represent, directly or indirectly, any person, group or business entity:
( I ) Before the city council or any department agency, board or commission of the
city:
(2) In any action or proceeding against the interests of the city or in any litigation in
which the city or any department, agency, board or commission thereof is a party; or
(3) In any action or proceeding in the municipal courts of the city which was
instituted by a city officer or employee in the course of official duties. or a criminal
proceeding in which any city officer or employee is a material witness for the
prosecution-
(c) No member of a city board or commission shall knowingly represent, directly or
indirectly. any person, group or business entity:
(1) Before the board of commission of which he or site is a member:
(3) Before a board or commission which has appellate jurisdiction over the board or
commission ofwhich he or she is a member:
(3) Before the city council in a matter over which the board or commission of which
he or she is a member has authority or an advisory function, direct or indirect, present or
prospective:
(4) In any action or proceeding against the interests of the city or in any litigation in
which the city or any department, agency, board or commission thereof is a party: or
(5) In any action or proceeding in the municipal courts of the city which was
instituted by a city officer or employee in the course of official duties, or a criminal
proceeding in which any city officer or employee is a material witness for the
prosecution.
(d) The restrictions in this section do not prohibit the following:
( I ) A city employee or member of a city board or commission (other than city
council), or his or her spouse, appealing before the city council or a city department..
agency. board or commission to represent himself or herself in a matter affecting his or
her property: provided, however. that no such person, or his or her spouse. shall appear
belbre the board or commission of which he or she is a member: or
(2) A city employee or officer of an employee organization appearing before the city
council or a city department, agency, hoard or commission to address employment
matters: or
(3) Othenyise eligible city employees or their spouses from participating in federal-
Orslate-funded programs administered through the City of Fort Worth where the henefits
of -such programs are available to members of the general public and «here the city
employee has no administrative, evaluative or decision -making authority concerning the
program in which he or she wishes to participate-
(4) A partner. associate or relative of a member of the city council. or of a salaried
city officer or emplovee, from representing a person, group or business entity in an
action or proceeding in the municipal courts of the city which was instituted by a city
officer or employee in the course ofoflicial duties, or in a criminal proceeding in which
a city officer or employee is a material witness for the prosecution.
(Ord. No. 10617. § I ( l ), 6-26-90; Ord. No. 10751. § I. 12-18-90: Ord. No. 10739, § 1,
12-6-90: Ord. No. 11428. § I. 10-19-93: Ord. No. 1261 I, § 1(2). 8-8-96: Ord. No. 12612,
§ 1.. 8-8 96; Ord_ No. 12839. § I, 1 28-97)
Sec. 2-239. Disclosure of interest.
(a) if any city officer, employee or advisory board member has a substantial interest
in any person, group or business entity, or real property involved in any decision
pending before such ofticer, employee, or advisory board member, or the body of which
he or she is a member, such ofticer, employee. or advisory board member shall disclose
such interest as provided in paragraph (c) below and shall not, except as provided in
paragraph (b) below, vote or otherwise participate in the consideration of the matter.
(b) if any of the following interests are involved in anv decision pending before any
city officer, employee, or advisory board member, or the body of which he is a member,
such officer, employee. or advisory board member must disclose such interest as
provided in paragraph (c) below, but he shall be pennitted to vote on and participate in
the consideration of such matter:
(1) A decision concerning a bank or other financial institution from which the
officer, employee, or advisory board member has a home mortgage, automobile loan, or
other installment loan, if the loan is not currently in default, was originally for a tern of
more than two (2) years and cannot be accelerated except for failure to make payments
according to the terns thereof;
(2) A decision concerning a bank or other financial institution in which the officer,
employee, or advisory board member 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 decision concerning a business entity with which the officer, employee, or
advisory board member has it retail or credit card account:
(4) A decision concerning the approval of substitution of collateral by a city
depository bank:
(5) A decision concerning real property in which the officer, employee or advisory
board member has a substantial interest if it is not reasonably aforseeable that such
decision would have a special economic effect o❑ the value of the propertv,
distinguishable from the effect on the public (see Section 171.004. Texas Local
Government Code).
(6) A decision concerning the refund of property taxes to a business entity in which
the ofticer, employee or advisory board member has a substantial interest. if such refund
is required because of a double pavmtent of taxes or a judicially or administratively
determined reduction in the valuation of the taxed property;
(7) A decision concerning a business entity with which the officer. employee or
advisory board member has a stock brokerage or securities account: and
(8) A decision concerning whether the city should accept a gift fi-om a business
entity in which the officer, employee or advisory board member has a substantial
interest.
(c) A city officer, employee, or advisory board member shall disclose the existence
of any substantial interest in any person, business entity or real property involved in any
decision pending before such officer_ employee. or advisory board member, or the body
of which he is a member. To comply with this paragraph. a city officer or advisory board
member shall, prior to any discussion or determination of the matter. either file an
affidavit of disclosure as required by Section 171.004 of the Texas Local Government
Code or. if not so required. shall publicly disclose in the otlicial records of the body or
of the city secretary the nature of the interest. To comply with this paragraph, , city
employee shall notify his superior in writing of the nature of any substantial interest he
may have in a person, business entity or real property which would he affected by an
exercise of discretionary authority by the city employee and such superior shall assign
the matter to another employee.
(d) The provisions of paragraphs (a), (b) and (c) shall not apply when a city officer.
employee or advisory board member, or the body of -which he or she is a member, is
involved in a decision concerning the levy of a special improvement district assessment
against real property which is owned by a person. group or business entity in which the
city officer, employee or advisory board member has a substantial interest if:
(1) Assessments are levied at a uniform rate throughout the district: and
(2) Such rate is applied to the value of the real property as shown on current Tarrant
Appraisal District appraisal rolls.
Such city officer, employee or advisory_ board member shall not be required to disclose
such interest as provided in paragraphs (a), (b) or (c) and shall be pennitted to vote on
and participate in consideration of the matter.
(Ord. No. 10617, § 1(1), 6-26-90; Ord. No. 10964. § I, 12-3-91: Ord. No. 12611 § 1(3),
8-8-96)
DIVISION 2. ETHICS REVIEW COMMITTEE*
*Editor's note: Ord. No. 10617, § 1(2). adopted June 26. 1990. renumbered forner Div.
1 §§ 2-256--2-260 as Div. 4, §§ 2-201--2-265. Section 1(3) of said ordinance added
Divs. 2 Lind 3, §§ 2-240--2-260, to read as herein set out.
Sec. 2-240. Required functions.
There is hereby created an ethics review committee. It shall have the duty and power,
unless otherwise provided, to rule upon the appropriate disposition of allegations of
violations of Division I of this article.
(Ord. No. 10617. § 1(3), 6-26-90)
Sec. 2-241. Members.
(a) The ethics review committee shall consist of live (5) members.
(b) The members of the committee shall be appointed by the city council.
(c) All members shall be residents oftire city. No member shall hold any city elected
or appointed office or be a candidate for any such office. One ( I ) member of the
committee shall be an attorney licensed to practice in the State of Texas. As nearly as is
reasonably possible, the membership of the committee shall be fairly representative of
all of the several economic, religious, cultural, ethnic and racial groups that comprise the
population of the city. The city council shall develop a list of cotnnnmity. civic and
professional organizations vPhlch shall be imited to make suggestions for appointments
to the committee.
(d) Committee members shall he appointed to two-year staggered Iernms with the
teens of two 12) members to expire on October 1. 1992, with successive two-year teens.
and the temps of three (1) members to expire on October 1, 1993, mvith successive two-
year terns. No member shall serve for more than six (6) consecutive _years nor be
appointed for more than three (3) full terms.
(e) In addition to the city council's usual powers of removal, members of the
committee may be removed by a majority of the city council for a violation of this
article. In considering a complaint tiled with the city secretary, the council pray follow
the procedures hereinafter set forth regarding the disposition of alleged violations oftlmis
article.
(1) All vacancies shall be filled for the unexpired terms. A member shall hold office
until his successor has been appointed by the city council and shall continue to hold
office after his successor has been appointed by the city council for the limited purpose
of the disposition of all complaints filed during that member's tern_ No member may
participate in a decision regarding a complaint initiated prior to the expiration of the
previous member's tens, but new members shall assume the duties of office with respect
to all complainants initiated after the previous member's term.
(g) Members shall maintain objectivity and be free of conflicts of interest in
discharging their duties. Members of the Committee shall be independent in fact and
appearance when hearing matters brought before the committee. When a member of the
committee has any reason to believe that he or she cannot be impartial, intellectually
honest and free of conflicts of interest in discharging any of time duties of the committee.
such member shall disclose the facts and circumstances which create the conflict and
shall not vote or otherwise participate in consideration of the matter_
(Ord. No. 10617, § 1(3), 6-26-90; Ord. No. 12611, § 1(4), 8-8-96)
See. 2-242. Chairperson; quorum.
The committee shall elect a chairperson and a vice -chairperson to one-year terns. The
vice -chairperson shall act as chairperson in the absence of the chairperson or in the event
of a vacancy in that position. Three (3) or more members of the committee shall
constitute a quorum, but no action of the committee shall be of any force or effect unless
it is adopted by the favorable votes of three (3) or more of the members.
(Ord. No. 10617, § 1(3), 6-26-90)
See.2-243. Meetings.
The committee shall have regular quarterly meetings and such other meetings as may be
necessary to fulfill its responsibilities_ The committee shall receive reports of
orientations of newly appointed, employed, or elected officers, employees and advisory
board members concerning the provisions ofthis article and copies ofopinions related to
this article that have been issued by the city attorney since the last meeting. "file
chairperson or any three (3) members of the committee may call a meeting provided that
notice is given to each member and written notice is posted in accordance with
provisions of the Texas Open Meetings Act.
(Ord. No. 10617, § IOt. 6-26-90)
See.2-244. Duties.
(a) Tine committee shall, in addition to its other duties:
( I ) Prescribe forms For reports, statements, notices, and other documents required by
this article:
(2) Prepare and issue advisory opinions and publish materials explaining the duties
of individuals subject to this article, including city officers, employees and board
mCmberS:
(� I Cause sufficient copies of this ordinance. and other ordinances. city charter
provisions and state statutes defining and prohibiting conflicts of interest. to he prepmed
and published and see that the same are made available to city officers, employees,
advisory board members-, elected officials and the General public:
(4) Review all statements and reports tiled with the committee in order to obtain
compliance with this article:
(5) Preserve statements and reports tiled with the committee for a period of -five (5)
years from the date ofreceipt
(6) Review this article at least annually and make appropriate recommendations to
the city council:
(7) Review all opinions related to this article that are issued by the city attorney: and
(3) Report to the city council at least once each year concerning the activities of the
committee dining the preceding year.
(b) The committee may:
( I ) Request the city council and city manager to provide such assistance as it may
require in the discharge of its duties; and
(2) Provide or assist in providing orientations to city officers, employees and
advisory board members concerning the provisions of this article.
(Ord. No. 10617. § 1(3). 6-26-90)
See.2-245. Staffing.
(a) When complaints are tiled relating to the mayor, city council members, city
manager, city attorney. city auditor, municipal court judges. city secretary. department
heads, and deputies. independent legal counsel shall be selected by the committee to
advise the committee and participate in hearings. The independent legal counsel shall be
selected by the committee on a case -by -case basis. Fee arrangement with such counsel
must be approved by the city council.
(b) Any city officer. employee. advisory board member or candidate for city elective
office may request. and the city attorney shall thereupon promptly issue, an opinion
concerning the meaning or effect of any section. word, or requirement of this article as it
affects such officer, employee, advisory board member or candidate.
If a complaint is subsequently tiled with the ethics review committee about any specific
action. omission. or alleged conflict of interest which has been the subject, in whole or in
part, of a city attorneys opinion, the independent legal counsel shall act as the
committee's attorney on said complaints.
(c) The city secretary shall provide the public with information and forms developed
by the committee regarding this article.
(d) Consistent with the foregoing provisions, the citY attorney shall provide such
assistance to the committee as the committee shall request.
(Ord. No. 10617. ti 1(3), 0-26-90)
Sec.2-246. Rules.
The committee may adopt. amend, and rescind rules of procedure to carry out the
provisions of this article. Such roles shall be consistent with this article and other
applicable laws.
(Ord. No. 10617, $ 1(3). 6-26-90)
DIVISION 3. DISPOSITION OF ALLEGED VIOLATIONS; HEARINGS*
*Note: See the editor's note at Div. 2.
See.2-247. Complaints.
(a) A complaint allceing a violation of Division I of this article shall specify the
section thereof alleged to have been violated. The complaint shall be swum to as true
and correct by the complainant or some other persons) having personal knowledge of
the tscts stated therein. The complainant most he a registered voter, if eligible, in the
jurisdiction where he resides.
(b) Upon the sworn complaint being filed with the city secretary's office, the ethics
review committee shall consider possible violations of Division I of this article by city
officers. employees and advisory board membersmofficers and former city ocers and employees
other than members of the committee.
(c) Not later than seven (7) working days after the city secretary receives a sworn
complaint, the city secretary shall acknowledge the receipt of the complaint to the
complainant and provide a copy ofthe complaint to the city attorney. the committee and
the person complained against. Not later than tificen ( 15) working days after receipt ofa
complaint, the committee shall notifN in writing the person who made the complaint and
the person complained against ofa date for a preliminary healing or final hearing. If the
committee does not hold a preliminary hearing or final hearing within thirty (30)
working days after receipt of the complaint, it shall notify the person who made the
complaint of the reasons for the delay and shall subsequently give him the appropriate
notification when a hearing is set.
(d) A complaint alleging a violation of Division 1 of this article must be tiled with
the city secretary within two (2) years after the commission of the action alleged as a
violation and not afterward; provided, however, that the committee will not consider or
act on any alleged violation which has previously been presented to and considered by
the city council.
(Ord. No. 10617. § 1(3), 6-26-90)
Sec. 2-248. Defense of official, employee or advisory board member by city
attorney-.
When a complaint is filed with the city secretary against any officer, employee or
advisory board member of the city, alleging a violation of Division 1 of this article, if
said officer, employee or advisory board member reasonably believed the conduct
charged was not prohibited by said division and acted in reasonable reliance upon an
opinion rendered by the city attorney, the city attorney shall be authorized to represent
the officer, employee or advisory board member before the ethics review committee, or
the committee may select private counsel to represent the officer. employee or advisory
board member before the committee. Pee arrangements with such counsel must be
approved by the city council.
(Ord. No. 10617, § 1(3), 6-26-90)
Sec. 2-249. Review of complaints by city attorney.
(a) Not later than seven (7) working days after receipt ofa copy ofa complaint from
the city secretary, the city attorney shall, where applicable, notify in writing the
committee, the complainant and the person complained against, that, in the city
attorneys opinion, the complaint is defective as to form or does not allege conduct which
would be a violation of Division I of this article, and the basis for such opinion.
(b) When the complainant is notified by the city attorney that the complaint is
defective or insufficient. the complainant may, prior to the preliminary hearing, file a
sworn amended complaint with the city secretary. Not later than seven (7) working days
after the city secretary receives the amended complaint, the city secretary shall
acknowledge receipt of the amended complaint to the complainant and provide a copy (it'
the amended complaint to the city attornev, the committee and the person complained
against.
(c) The city attomey shall express no opinion concerning whether a complaint is
defective or insufficient when the person complained against acted in reasonable reliance
upon an opinion rendered by the city attorney.
(Ord. No. 10617. § 1(3). 6-26-90)
See. 2-250. Prohibition of ex parte communications.
After a complaint has been tiled and during the pendency of a complaint before the
committee, a member of the committee may not communicate directly or indirectly with
any party or person about any issue of law or fact regarding the complaint except at a
meeting ofthe committee. However, nothing in this section shall prohibit
communications between members of the committee and the committee's attomey, or
between members of the committee concerning whether to call a committee meeting.
(Ord. No. 10617. i 1(1), 6-26-90)
Sec. 2-251. Preliminary hearing.
(a) When the city attorney has rendered an opinion that a complaint or amended
complaint is defective as to form or insufficient because it does not allege the existence
of reasonable grounds to believe that a violation of Division I of this article has
occurred, the committee shall hold a preliminary hearing_ The complainant. the person
complained against and the city attorney shall be notified in writing of the preliminary
hearing.
(b) The issue at the preliminary hearing shall be whether the complaint is defcctive
as to form or whether the complaint alleges the existence ofreasonable grrouncls to
believe that a violation of Division I of this article has Occurred.
(c) if the complaint is alleged to be defective as to form, the committee shall hem- the
arguments of the city attorney and the complainant concerning the sufficiency of the
form of the complaint. The committee shall then either determine that the complaint is
sufficient as to form or dismiss the complaint as defective as to form. The decision of the
committee shall be in writing and state the reasons for such decision. Before a complaint
may be dismissed because it is defective as to form, the complainant shall be permitted
one (1) opportunity, within a period to be specified by the committee, to amend and
resubmit the complaint. If the committee determines that the complaint is sufficient as to
form, it shall schedule a final hearing.
(d) If the complaint is alleged to be insufficient because it does not state sufficient
facts to show that a violation of Division I of this article has occurred, the committee
shall hear the testimony of the complainant who shall state the alleged violation and
describe in narrative form the testimony and other evidence which would be presented to
prove the alleged violation as stated in the complaint. Such testimony shall be under
oath. but there shall be no cross-examination or requests for persons or evidence issued
for the hearing. Members of the committee may question the complainant. The person
complained against shall have the opportunity to respond but is not required to attend or
make any statement. The person complained against may describe in narrative form the
testimony and other evidence which would be presented to disapprove the alleged
violation. If the person complained against agrees that it violation has occurred, he may
so state and the committee may then consider the appropriate sanction.
(1) At the conclusion of the preliminary hearing, the committee shall decide whether
a final hearing should be held. If the committee detennines that there are reasonable
grounds to believe that a violation of Division I of this article has occurred. it shall
schedule a final hearing. if the committee detennines that there are no reasonable
grounds to believe that a violation of Division 1 ofthis article has occured, the
complaint shall be dismissed. Before a complaint is dismissed for failure to a
violation. the complainant shall be permitted one ( I opportunity, within a period to be
specified by the committee. to amend and resubmit (he complaint-
(2) The complainant and the person complained against may ask the committee at a
preliminary hearing to request certain persons and evidence Ibr the final heating, if one
is scheduled.
(3) A decision to conduct a final heating is not a finding that a violation has
occurred.
(Ord. No. 10617. § I(3), 6 26-90)
Sec 2-252. Final hearing.
(a) When no preliminary hearing is required. the final hearing shall be held as
expeditiously as possible following the filing ofthe complaint, but in no event shall it be
held more than thirty (30) days after the filing of the complaint.
(b) When a preliminary hearing is required, the final hearing shall be held as
expeditiously as possible following the determination by the committee that there are
reasonable grounds to believe that a violation of Division I of this article has occurred,
but in no event shall it be held more than thirty (30) days after said determination unless
a postponement is granted upon request of the person complained against. The
committee may grant two (2) postponements, not to exceed fifteen (15) days each, upon
the request of die person complained against.
(c) The issue at a final hearing shall be whether a violation of Division 1 of this
article has occurred. The committee shall make its determination based on the
preponderance of the evidence (die greater weight and degree of the credible evidence
and testimony). All witnesses shall make their statements under oath. If the committee
determines that a violation has occurred. it shall state its findings in writing, shall
identify the section of Division 1 of this article which has been violated, and within five
(5) working days thereafter shall deliver a copy of the findings to the complainant, the
person complained against and the city secretary. If the committee determines that no
violation has occurred, it shall state its determination in writing and within five (5)
working days thereafter shall deliver a copy of the determination to the complainant, the
person complained against, and the city secretary. Such determination of the committee
shall be final unless appealed from within ten (10) days as provided in section 2-256(b).
(Ord. No. 10617, § I (3), 6-26-90)
See. 2-253. Oaths, requests for subpoenas and information.
If a complaint proceeds to a final hearing, the committee may administer oaths and
affirmations, take evidence, request and issue subpoenas for witnesses to attend and
testify, and request and issue subpoenas for the production of books. papers, records, or
other evidence needed for the performance of the committee's duties or the exercise of
its powers. Subpoenas are subject to the provisions of section 2-258.
(Ord. No. 10617, § I (3), 6-26-90)
Sec. 2-254. Expedited hearing; schedule.
For good cause shown by the person complained against, the committee may shorten the
hearing schedule established in sections 2-247. 2-249, 2-251 and 2-252.
( Ord. No. 10617, § 1(3). 6-26-90 )
Sec. 2-255. Sanctions to be imposed or recommended by committee.
(a) Ifthe committee deternines that a violation of Division 1 of this article has
occurred, it shall proceed directly to determination of the appropriate sanctions. The
committee may receive additional testimony or statements before considering sanctions
but is not required to do so. lfthe person complained against acted in reliance upon an
opinion of the city attorney, the committee shall consider the fact.
(h) If the committee determines that a violation of -Dix isi oil I of this article has
occurred, it may impose or recommend the following sanctions:
( I I A letter of notification shall be the appropriate sanction when the violation is
clearly unintentional, or when the conduct of the person complained against was done in
reliance upon an opinion of the city attorney. A letterofnotihcation shall advise die
officer, employee, or advisory board member to whom it is directed of any steps to be
taken to avoid f-uture violations. The committee may direct a letter of notification to any
officer, emplovee or advisory board member covered by Division I of this article.
(2) A letter of admonition shall be the appropriate sanction in those cases in which
the committee finds that the violation is minor and/or may have been unintentional, but
calls for a more substantial response than a letter of notification. The committee may
admonish any officer, employee or advisory board member covered by Division I ofthis
article.
(3) A reprimand shall be the appropriate sanction when the committee finds that a
violation has been committed intentionally or through disregard of Division I of this
article. The committee may reprimand any officer. employee or advisory board member
covered by Division 1. A reprimand directed to a city employee shall also be sent to the
city manager and included in said employee's personnel tile.
(4) A recommendation of removal or suspension from office or employment, as well
as a recommendation for length of suspension, shall be the appropriate sanction when
the committee finds that a serious or repeated violation of Division I of this article has
been committed intentionally or through culpable disregard of Division I of this article
by an appointed city officer, employee or advisory board member. A recommendation of
removal from office or a recommendation of suspension from office for an officer,
employee, or advisory board member appointed by the city council shall be transmitted
to the city council. The final authority to carry out such recommendations to remove
from office or suspend from office and the length of the suspension shall be with the city
council. A recommendation for removal or suspension of a city officer or employee
appointed by the city manager shall be directed from the committee to the city manager
and the officer or employee may appeal from any such committee recommendation to
the manager. In such cases the final authority to carry out a recommendation to remove
or suspend from such an office or employment and the length of the suspension shall be
with the city manager. The city manager shall notify the committee of the personnel
action. if any, which he takes against an officer or employee as a result of the
committee's recommendation.
(5) A letter of censure, a recommendation of recall. or a recommendation to institute
proceedings liir removal from office shall be the appropriate sanction when the
committee Finds that a serious or repeated violation of Division I of this article has been
committed intentionally or through culpable disregard of Division I of this article by an
elected city official. A letter ofcensure, a recommendation of recall, or a
recommendation to institute proceedings for removal from office, directed to an elected
city official, shall be transmitted to the city secretary and ro the city council. Any recall
proceedings shall be subject to the procedures specified in the city charter. Any
proceedings for removal from office shall be in compliance with provisions of the city
charter and state law.
(Ord. No 10617, § I (3). 6-26-90)
Sec. 2-256. appeal to cih' council from certain committee determinations.
(a) Under the provisions ofthis section, the committee's determination whether or
not a violation of Division I ofthis article has occun ed, or v+ hether or not a complaint is
defective or fails to allege a violation, may be appealed by either the complaining party
or a party complained against who is on officer or advisory board member appointed by
the city council or an elected official of the city.
(b) The committee's determination whether or not a violation of Division 1 of this
article has occurred, invoIN ing an ofticer_ employee, or advisory hoard member
complained of who is appointed by the city council or who is an elected official of the
city, or whether or not a complaint is defective or fails to alleee a violation, is final
unless a written appeal is filed xvith the chairperson of the committee and the city
secretary within ten ( 10) days after the committee's determination.
(c) The party who desires to appeal to city council must file his written appeal
stating sufficient facts to show that:
(1) The committee was prejudiced in its deliberations: or
(2) New evidence is available which was not considered by the committee: or
(3) The committee committed some error in its deliberations.
(d) The city secretary shall forward the appeal to the city council with a report of the
committee's determination. The city council shall consider such written appeal, ]near a
statement from the complainant and the officer, employee or advisory board member or
elected official, and shall:
(1) Deny the appeal in its entircty; or
(2) If city council finds that the written appeal states sufficient facts to satisfy the
requirements of paragraph (c) above, schedule its own evidentiary hearing on tine appeal
or refer the appeal to an independent hearing officer for an evidentiary hearing as
provided in paragraph (f) below.
(e) If the city council schedules its own evidentiary hearing on the appeal, the
following procedures shall apply:
(1) Such hearing shall be held within thirty (30) days after the council decides to
hear the appeal. Council may grant two (2) postponements, not to exceed fifteen (15)
days each, upon the request of the city officer. advisory board member or elected official
complained against.
(2) The hearing of the appeal before tine council shall be de novo (a completely new
hearing). The issue at such hearing shall be whether a violation of Division 1 of this
article has occurred.
(3) At the hearing of the appeal, the city council may administer oaths and
afiinnations, take evidence, request and subpoena witnesses to attend and testify, and
request and issue subpoenas for the production of books, papers. records or other
evidence relevant to the alleged violation. All witnesses shall testify under oath.
(f) As an alternative to scheduling its own evidentiary hearing on the appeal as
provided in (e) above, the council may appoint a hearing officer to conduct such a
hearing and the following procedures shall apply:
( I) The hearing officer shall have the power to compel witnesses to appear before
him at such times and place as he may direct. for the purpose of hearing testimony
under oath and receiving evidence on behalfof the city council concerning whether a
violation of Division 1 of this article has occurred. The hearing officer shall have the
authority to administer oaths and affirmations, take evidence. request and subpoena
witnesses to attend and testify, and request and issue subpoenas fbr the production of
books, papers. records or other evidence relevant to the alleged violation (subject to
section 2-258).
(2) The hearing officer shall have such testimony and evidence transcribed and
reduced to writing by a court reporter and shall file the transcript \%ith the city secretary
within such time as is specified by the city council.
( 1) The hearing officer shall have the power to male rulings concerning the
relevancy and admissibility of the evidence and testimony presented to and heard by
him, however, he shall not make any recommendation to the city council concerning
whether a violation of Division I of this article has occurred.
(4) The transcript of the testimony and evidence presented to the hearing officer
shall form the evidentiary basis for a hearing to be held before the city council
concerning whether a violation of Division I of this article has occurred.
(5) No evidence or testimony shall be presented at the hearing before the city council
other than the albresaid transcript, however, the complainant and the person complained
against shall be entitled to present oral or written arguments to the council concerning
whether the testimony and evidence in the transcript establish that a violation of Division
1 of this article has occurred.
(g) Upon completion of either of the herring procedures specified in paragraph (e) or
(t) above, the council shall detennine, based on the preponderance of the evidence (the
greater weight and degree of the credible evidence and testimony) whether a violation of
Division I of this article has occurred. If the council determines that a violation has
occurred, it shall state its findings in writing, shall identify the particular section of
Division I of this article which has been violated. and within five (5) working days
thereafter shall deliver a copy of the findings to the complainant, the person complained
against and the city secretary.
(h) The council may adopt rules of procedure for [lie hearing of an appeal. Such rules
shall be consistent with the provisions of this article and other applicable laws-
(i) If the council determines that a violation of Division I of this article occurred, it
shall proceed directly to determination of the appropriate sanctions. The council may
receive additional testimony or statements before considering sanctions but is not
required to do so. If the appointed city officer, employee, advisory board member or
elected official complained against acted in reliance upon an opinion of the city attorney,
the council shall consider that fact.
(j) If the council determines that a violation has occurred, it may impose or
recommend the following sanctions:
(1) A letter of notification shall be the appropriate sanction when the violation is
clearly unintentional, or when the appointed officer, employee, advisory board member
or elected official's conduct complained of was made in reliance on an opinion of the
city attorney. A letter of notification shall advise the appointed officer, employee.
advisory board member or elected official to whom it is directed of any steps to be taken
to avoid future violations. The council may direct a letter of notification to any officer._
employee, or advisory board member appointed by the city council, or elected official
covered by Division I of this article.
(2) A letter of admonition shall he the appropriate sanction in those cases in which
the council finds that the violation is minor and/or may have been unintentional, but calls
I'm a more substantial response than a letter of notification.
(3) A reprimand shall be the appropriate sanction when the council finds that a
violation has been committed intentionally or through disregard of Division I of this
article.
(=4) A removal from office or suspension from office shall be the appropriate
sanction when the council finds that a serious or repeated violation of Division 1 of this
article has been committed intentionally or through culpable disregard of Division I of
this article by an appointed city officer. employee, or advisory board member.
(5) A letter of censure, a recommendation of recall, or proceedings ibr removal from
offce shall be the appropriate sanction when the council finds that a serious or repeated
violation of Division I of this article has been committed intentionally or through
culpable disregard of Division I of this article by an elected city official. A letter of
censure, a recommendation of -recall- or decision to institute proceedings for removal
fi-om office. directed to an elected city official. shall be transmitted to and filed with the
city secretary. Any recall proceedings shall he subject to the procedure's specified in the
city charter. Any proceedings- for removal from office shall be in compliance with
provisions of the city charter and state law.
(k) Any sanctions imposed by the city council on an appointed city officer,
employee, or advisory board member pursuant to this section shall be by majority vote
of the city council. Any sanctions imposed by the city council on an elected city official
pursuant to this section shall be by majority vote of the retraining members of the city
council.
(1) This section shall not apply to officers Laid employees who are appointed by the
city manager. The authority to discipline, suspend or remove such officers and
employees shall be with the city manager.
(Ord. No. 10617. § 1(3). 6-26-90)
Sec. 2-257. Criminal penalties.
Except where otherwise provided by state law or in section 2-255, it is not the intention
of the city council in adopting this article that violations thereof be subject to criminal
penalties.
(Ord. No. 10617. § 1(3). 6-26-90)
Sec.2-258. Subpoenas.
(a) The ethics review committee or hearing officer, at their discretion, may issue one
( I ) or more subpoenas for the attendance of witnesses, the production ofbooks, papers,
records or other evidence needed for the performance of their duties or exercise of their
powers. The subpoena shall be issued on the sworn application (of either the
complaining party or the person complained against) stating that the applicant in good
faith believes that such item exists, and stating in detail a description of any such items,
sufficient to be able to identify such item, that the party requesting the subpoena has not
been able to obtain such item otherwise, and that the applicant in good faith believes that
the item is in the possession or control of a person or entity whose name and address is
specified in the sworn application.
(b) The committee or hearing officer may issue any such subpoena upon terms and
conditions that they deem applicable.
(c) The party requesting the subpoena, or the party to the proceeding opposing it.
and the person or business entity against whom the subpoena is sought each has the right
to appeal to the city council any decision by the committee or hearing officer concerning
the request for subpoena. Such appeal shall be made in writing within ten (10) clays after
the committee or hearing officer's decision (which must be in writing) by filing such
appeal with the city secretary.
(d) All proceedings before the committee or hearing officer shall be stayed until after
the city council acts on time appeal.
(e) When the city council denies such an appeal, if any, or the time for an appeal has
expired, any person who is subpoenaed by the committee or hearing officer to give
testimony or to produce books, papers, records or other evidence needed for the
performance of the committee or hearing officer's duties or the exercise of their powers,
willfully makes default or refuses to answer any question pertinent to the proceedings
before the committee or hearing officer, or refuses to obey any subpoena or fails- to
produce books. papers and other evidence required by the committee or hearing officer,
shall be deemed guilty of a misdemeanor and may be tined not more than five hundred
dollars (S500-00) for each offense. Each day that a violation is permitted to exist shall
constitute a separate offense.
(Ord. No. 10617. § I(i), 6 26 90)
Sec. 2-259. Eridence of eriminal conduct.
During the perti1mhance of their duties under the provisions of this article, if the ethics
review committee. hearing officer, city manager or city council receives evidence of
criminal conduct, the committee. hearing officer, city manager or council may provide
such evidence to the prosecuting attorney having jurisdiction of such mallet for
appropriate action.
(Ord. No. 10617, § 1(3). 6-26-90)
Sec. 2-260. Postponement of hearings in certain cases.
if a complaint alleges facts concerning a possible violation of Division I of this article
and such facts are involved in a criminal investigation or a criminal proceeding before a
grand jury or the courts, the ethics review committee, hearing officer. city manager or
city council may, when they deem appropriate, postpone any hearing or any appeal
concerning such complaint until after the criminal investigation or criminal proceedings
are tenninated-
(Ord. No. 10617, § 1(3), 6-26-90)
DIVISION d. FINANCIAL DISCLOSURE BY OFFICERS AND CANDIDATES*
*Note: See the editor's note at Div. 2.
See, 2-261. Definitions.
As used in this division, the following words and phrases shall have the meanings
ascribed in this section:
Candidate shall mean every person who declares for or files for any office of the city to
be tilled by election.
Compensation shall mean any economic benefit received in return for labor. services.
property or investment.
Economic benefit shall mean 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.
False shall mean a knowing or wilful misrepresentation or concealment of any item
required to be disclosed by this division.
Family member shall mean the spouse and any dependent children of any officer or
candidate.
Gift shall mean a favor. hospitality or economic benefit, other than compensation, but
does not include campaign contributions reported as required by state law.
Identification, for a natural person, shall mean the person's name, street address, city and
state_. for any entity other than a natural person it means the name. address, city and state
of the entity's principal location or place of'husiness, the type or nature of the entity. the
date on which it came into existence, the state of incorporation if any, the names of
partners or trustees if amp.
Income shall mean economic benefit received.
Officer shall mean the mayor, a member of the city council, the city manager, the city
attorney, the cite secretary, the city treasurer and thejudgcs of the municipal courts.
Source of income shall mean any business entity, employnhent. investment or activity
which earned or produced income. including_ interest, dividends. royalties or rents-
(Code 1964, § 43-5: Ord. No. 7650. I, 10-25-77: Ord_ No. 7734, § 1. 8-15-7S: Ord.
No. 10617. § I(2). 6-26-90)
Cross references: Definitions and rules of -construction generally, § I?.
Sec. 2-262. financial disclosure statement.
(a) Between August first and August fifteenth ofeach year every officer shall file a
verified financial disclosure statement with the city secretary retlectine the officer's
financial situation as of July first of that year and the officer's financial activity during,
the reporting period as defined in subsection (d) of this section.
(b) A newly appointed officer shall file a verified financial disclosure statement with
the city secretary within thirty (30) days from the date he or she is sworn into office. The
statement shall reflect the officer's financial situation as of the date (he or she assumed
office and the officer's financial activity during the reporting period as defined in
subsection (d) of this section.
(c) Every candidate shall file a verified financial disclosure statement with the city
secretary not later than fourteen (14) days after the filing deadline for elections reflecting
his financial situation as of January first of the year of the election and his financial
activity during the reporting period as defined in subsection (d) of this section.
(d) The reporting period for a statement required under subsection (a) of this section
is the twelve (12) months preceding July first. "fhe reporting period for a statement tiled
under subsection (b) of this section is the twelve (1'_) montlhs preceding the date the
officer is sworn into office. The reporting period for a statement required under
subsection (c) of this section is the twelve (12) months preceding January first.
(e) Any person filing a statement required by this division may include additional
months in the reporting period.
(f) Any person required to file a state personal financial disclosure statement under
Local Govemment Code Chapter 145 during the same calendar year as a city personal
financial disclosure statement is required to be tiled by this section will be considered to
have complied with this section by complying with Chapter 145.
(Code 1964. § 43-6: Ord. No. 700. § I, 10-25-77: Ord. No. 10617, § 1(2), 6-26-90:
Ord. No. 16265, § 1, 1-13-05)
Sec. 2-263. Required information.
(a) Every person required to file a financial disclosure statement under this division
shall include in that statement the following information:
(1) The person's name, the name of each family member and all names under which
the person or his family members do business:
('_) Identification of each source of income amounting to more than one thousand
dollars IS1,OOO.o0) received in the reporting period by the person or family members,
stating the name, address and nature of the source of income and stating the amount of
income received: and identification of each option held, owned, acquired or sold during
the reporting period, stating the nature of the option, the amount of the transaction and
identification of the other parties to the transaction:
( 3) ) Identification of each corporation, trust, partnership, business association, or
union in which the person or family menhber was:
a. A partner, nhanager, officer, member of the board of directors, proprietor or
beneficiary. during the reporting period, stating the position held:
b. Had an ownership interest ofmore than one thousand dollars (Sl,000.00) at the
fair market value at any time during the reporting period stating the value. and a
description of that ownership interest:
C. Where the ownership interest includes or consists of shares of stock. the number
of shares owned shall be stated together with the number of outstanding shares: and if
sold during the reporting period a statement ofthe act gain or loss realized fi-om such
safe.
(4) Identification by street address, legal or lot and block description of all real
property located within the city and its extraterritorial jurisdiction, together with its fair
market value and present use, in which the person or family member has an interest as:
Lt. Pee simple owner:
b. Beneficial owner:
C. Partnership owner, naming the partners:
d. Joint owner with an individual or corporation, naming them;
e. Board member, officer or the owner of more than five (5) percent of a
corporation that has title to the real property, naming the corporation;
1'. A leaseholder, mmrning the person, persons or corporation from whom the
property is leased, and the amount of annual rental.
(5) Identification of persons. entities or guarantors to whom the person or a family
member owed a debt during the reporting period, stating the amount, but not including
persons related within the second degree of consanguinity or affinity and excluding
loans to a political cmnpaigm which were reported as required by law: if repaid during
the reporting period, the date and amount of repayment shall also be stated;
(6) Identification ofpersons or entities who owed the person, t riniv member or
guarantor a debt during the reporting period, stating the amount, including all bonds,
notes and other commercial paper held or owned by the person reporting or any family
member during the reporting period; but not including debts owed by persons related
within the second degree of consanguinity of affinity; if repaid during the reporting
period, the date and amount of repayment shall also be stated;
(7) Identification otthe source of each gift or accumulation of gifts from one ( I )
source of more than two hundred fifiv dollars ($350.00) in value received by the person
or family member, or received by another person for the use and benefit of the person or
family member, within the reporting period, stating the amount; but this requirement
does not include:
a. A gift received from a relative if'given on account of kinship:
b. A gift received by will, by intestate succession or as distribution from an inter
vivos or testamentary trust established by a spouse or ancestor.
(8) Provided such infomhation is not privileged by law, if the person filing the
statement is the owner of five (5) percent or more of any corporation, trust, partnership,
fimh or business association, such person shall list all customers from whom such
entities received at least ten (10) percent oftheir gross income during the reporting
period:
(9) Identification of any financial interest in or any transaction during the reporting
period with any holder of any franchise issued by the city, other than as it utility or
franchise customer or patron, stating the nature and amount of such interest and
transaction, including transactions by any family member and any corporation, trust,
partnership, firm or business association in which the person filing the statement has an
ownership interest in five (5) percent or more;
( 10) Except for the identification of transactions and amounts required by paragraph
(a)(9) of this section, any amount required to be reported under this section may be
reported by categories as follows
a. Category 1: At (east one thousand dollars (S 1,000.00) but less than ten thousand
dollars (S 10,000.00):
b. Category It: At least ten thousand dollars (S 10,000.00) but less than twenty-five
thousand dollars (S25.000.00);
C. Category III: At Ieast twenty -live thousand dollars (S25,000.00) but less than
1111v thousand dollars (550.000.00):
d. Category IV: Fiftv thousand dollars (550.000.00) or more.
(Code 1904, 5 43-7: Ord. No. 7650, § 1, 10-25-77: Ord. No. 10617, § 1(2), 6-26-90)
INSTRUCTIONS
L The attached complaint form must be completed, signed, and sworn to
before a notary public.
2. The form must be filed with the Office of the City Secretary, 3`d Floor,
City Hall, 1000 Throckmorton, Fort Worth, Texas 76102
3. Within seven working days after receipt of the sworn affidavit, the City
Secretary will acknowledge, in writing, receipt of the complaint to the
complainant and will notify the City Attorney and the Ethics Review
Committee.
4. Within 15 working days after receipt of the complaint, the Ethics Review
Committee will contact the complainant of the date of the preliminary
hearing or final hearing.
5. If preliminary hearing or final hearing is not held within 30 working days
after complaint is filed, the complainant will be notified of reasons for
the delay and will be provided with a hearing date.
6. A complaint alleging a violation of Division I, Article VII, Chapter 2,
THE CODE OF THE CITY OF FORT WORTH, TEXAS must be
filed with the City Secretary within two years after the commission of the
alleged violation.
7. The Ethics Review Committee will not consider or act on any alleged
violation, which previously has been presented to and considered by the
City Council.
Marty Hendrix
City Secretary
STATE OF TEXAS §
COUNTY OF TARRANT §
FOR OFFICIAL USE ONLY
File No.
Received Date
OCS Notification Date
ERC Notification Date
Prelim. Hearing Date
Final Hearing Date
On this - day of 20, I, the undersigned, file this complaint
alleging that there has been a violation of the Code of Ethics Ordinance of the City of
Fort Worth and provide the following information as the basis for my complaint:
1. The name and position of the city officer, employee or board member whom I am
complaining about are:
2. The acts of the city officer, employee or board member which I allege violated the
Code of Ethics Ordinance are:
3. The time and place where such acts took place are:
4. The sections and paragraphs of the Code of Ethics Ordinance which I allege have
been violated area:
5. My voter registration number is , and the place where
am registered to vote is:
City County
State
I am not registered to vote because I am not eligible.
(NOTE: Cross out one of the above)
6. 1 have personal knowledge of the above facts and swear that such facts are true
and correct.
Signature
Printed Name
Street Address
City, State, Zip
Telephone No
Before me the undersigned authority, on this day personally appeared,
, known to me to be the person whose name
is subscribed hereto, and being duly sworn stated that he/she has personal knowledge
of the facts hereinabove and that such facts are to his/her knowledge true and correct.
Notary Public
County, Texas
My commission expires:
All I LULL- Ill. ut-l-tl:r.KJ AND LMFLUYELS
Page 2 of 13
Secs.2-72--2-85. Reserved.
DIVISION 2. CITY ATTORNEY
Sec. 2-86. Qualifications, duties.
(a) The city attorney shall be a person admitted to the practice of law by the state and shall
have practiced law for at least four years.
(b) The city attorney shall be the chief legal advisor of all offices, departments and agencies
and of all officers and employees of the city in matters relating to their official powers and duties.
The city attorney shall represent the city in all legal proceedings. The city attorney shall perform
all services incident to the position as may be required by statute, by the city charter, or by
ordinance.
(Code 1969, § 2-5)
Secs.2-87--2-110. Reserved.
DIVISION 3. ETHICS
Sec.2-111. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Appointed official means any person holding an unpaid position by appointment in the service
of the city, including members of any board, commission or agency thereof. This definition shall include
the municipal judge, the city health officer and other similar appointed positions which are paid on a
contractual basis. This definition shall also include all volunteer firefighters and reserve police officers.
Award means a prize, certificate, or thing of economic value conferred or bestowed on an
official or employee on the basis of merit or need.
Business entity means a sole proprietorship (including a private consultant operation),
partnership, firm, corporation, holding company, joint-stock company, receivership, trust, joint venture,
unincorporated association or firm, foundation, or any other entity recognized by law, whether or not
organized for profit.
Confidential information means all information, whether transmitted orally or in writing, which is
of such a nature that it is not a matter of public record or public knowledge. The standard for
determining confidentiality shall be determined by referring to the Public Information Act (V.T.C.A.,
Government Code ch. 552) and the standards established under that act for confidentiality and closed
records.
Elected official means any person holding a position by election in the service of the
municipality.
Employee means any person holding a paid position by appointment or employment in the
service of the municipality.
Gift means anything of economic value, regardless of the form, without adequate and lawful
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ARIICLF III. UPFICL-RS AND EMPLOYEES Page') of 13
consideration. It does not include the solicitation, acceptance, receipt or regulation of political
campaign contributions regulated in accordance with provisions of federal, state or local laws governing
campaign finances.
Interest means direct or indirect pecuniary or material benefit accruing to an official or
employee as a result of a contract, transaction, zoning decision, or other matter which is or is likely to
be the subject of an official act or action by or with the city, except for such contracts, transactions,
zoning decisions, or other matters which by their terms and by the substance of their provisions confer
the opportunity and right to realize the accrual of similar benefits to all other persons and/or property
similarly situated. For purposes of this division, officials or employees shall be deemed to have an
interest in the affairs of:
(1) The relative of an official or employee, if such relative has an interest as defined in
this section and is related to the official or employee in the first degree by consanguinity
or affinity.
(2) Any business entity in which the elected or appointed official or employee controls
or owns, directly or indirectly, in excess of ten percent of the total stock or shares or
owns either ten percent or more or $5,000.00 or more of the fair market value of the
business entity; or funds received by the person from the business entity exceed ten
percent of the person's gross income for the previous calendar year.
(3) Real property if the interest in such property is an equitable or legal ownership with
a fair market value of $2,500.00 or more.
An official or employee does not have an "interest" in a business entity if all of the following
criteria are met_
(1) The official or employee holds a position as a member of the board of directors or
other governing board of a business entity; and
(2) The official or employee has been designated by the city council to serve on such
board; and
(3) The official or employee receives no remuneration, either directly or indirectly, for
service on such board; and
(4) The primary nature of the business entity is either charitable, nonprofit or
governmental.
Official act or action means any legislative, administrative, appointive or discretionary act of any
official or employee or of the city or any board, commission or agency thereof.
Officials) means both elected and appointed officials as defined herein.
(Code 1969, § 8 1/2-2)
Cross references: Definitions generally, § 1-2.
Sec. 2-112. Declaration of policy.
The proper operation of democratic government requires that elected officials, appointed
officials and employees be independent, impartial and responsible to the people; that government
decisions and policy be made within the proper channels of the governmental structure; that public
office not be used for personal gain; and that the public have confidence in the integrity of its
government. In recognition of these goals, a code of ethics for all city officials and employees is
adopted. The purpose of this division is to establish guidelines for ethical standards of conduct for all
such officials and employees by setting forth those acts or actions that are incompatible with the best
interests of the city and by directing disclosure by such officials and employees of private financial or
other interests in matters affecting the city.
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ARTICLE 111. OFFICERS AND EMPLOYEES Page 4 of 13
(Code 1969, § 8 1/2-1)
Sec. 2-113. Ethical guidelines.
(a) Officials and employees shall not exercise any power or duty that they might have as a city
official or employee on any official city action in which the official or employee has an interest,
as that term is defined herein-
(b) Officials and employees shall not use their position in the service of the city to solicit or
accept employment with a person or business entity that is seeking official action from such
official or employee, or the board, commission or agency of which such official is a member-
(c) Officials and employees shall not solicit or accept or grant a present or future gift, favor,
service or thing of value from or to a person or business entity that is seeking official action from
such official or employee or from the board, commission or agency of which such official is a
member. The prohibition against gifts or favors in this subsection shall not apply to:
(1) A nonpecuniary gift with a value of less than $25.00 that is given not more than one
time in a calendar year; or
(2) An award publicly presented in recognition of job performance or public service; or
(3) Gifts from family members-
(d) Officials and employees shall not acquire an interest in any contract, transaction, zoning
decision, or other official action at a time when such official or employee knew or had reason to
believe that the interest would be affected by an official act or action of the city.
(e) Officials shall disclose any interest with a business entity or in real property in accordance
with state law.
(f) Employees shall disclose any interest with a business entity or in real property if the
employee participates in discussion with or gives an official opinion or recommendation to the
city council or any city board, commission or agency.
(g) Officials and employees shall not disclose confidential information concerning city functions
or use such information to advance their own private interests.
(h) Officials shall not perform or accept private employment when such employment is
incompatible with the official's performance of duties for the city. Incompatibility shall be
determined by reference to the state constitution and state laws on dual office holding and
incompatibility of office. Employees shall not engage in outside employment except as provided
in the personnel policies.
(i) Officials and employees shall not request or permit the use of city vehicles, equipment,
materials or property for personal convenience or profit.
Q) Officials and employees shall not grant any special consideration or treatment to any citizen,
or to any other official or employee, unless such special consideration or treatment is available
to every other citizen.
(k) Any official or employee who asks or directs another official or employee to take action or to
fail to take action that violates this chapter will be subject to the enforcement of this division
and/or prosecution.
It shall not be a violation of this division for an official or employee to contract with the city if
(1) The contract is awarded through a process of public notice and competitive bidding,
if such notice and competitive bidding are required by state law; and
(2) The contract is with a division or agency over which the official or employee has no
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functions requiring the exercise of discretion-
(m) Nothing in this division shall be interpreted to prohibit an employee or an appointed official
from entering into a contract with the city to provide the services for which the employee is hired
or for which the appointed official is appointed.
(n) Nothing in this division shall be deemed to prohibit an employee from accepting or using
any employee benefit provided by the city in the personnel policies, by action of the city council.
Nothing in this division shall be deemed to prohibit an official from accepting or using any
benefit given to officials by action of the city council.
(o) City councilmembers including the mayor shall submit all expense reports, travel vouchers
and requests for reimbursement to the ethics commission for review.
(Code 1969, § 8 1/2-3; Ord. No. 2347, § 1, 12-17-96)
Sec. 2-114. Ethics commission.
(a) Creation. There is hereby created an ethics commission which shall have the duties and
powers, unless otherwise provided, to hear complaints and recommend the appropriate
disposition of complaints heard under this division.
(b) Appointment of members. The commission shall consist of seven members, to be
appointed by the city council. Each member, upon assuming a position as commissioner, shall
take an oath of office comparable to that taken by councilmembers. One commissioner shall be
designated by the board as chairperson. The employee in charge of finance shall serve as an
ex officio member of the commission. All members must be residents of the city and must have
resided within this city for 12 consecutive months preceding the appointment. No commission
member may be an elected official, an appointed official serving on any other board,
commission or agency of the city, an employee of the city, or a family member of such officials
or employees. No commission member may contract with or do business with the city. Any
action taken or recommended by the commission must be by the affirmative vote of a majority of
the total membership of the commission.
(c) Terms. Commission members shall serve for two-year staggered terms. Of the first
members appointed, four shall serve for two years, and three shall serve for one year.
Thereafter, each commissioner shall serve for a term of two years.
(d) Vacancies. All vacancies shall be filled for the unexpired terms.
(e) Compensation. No commissioner shall receive a salary but may be reimbursed for
expenses in accordance with city policy.
(f) Meetings. The commission shall establish regular meeting times, with no less than one
meeting per year. Special meetings may be called as needed by the chairperson or by any two
members-
(g) Duties. The commission's duties shall include
(1) Hearing complaints on violations of this division by officials or employees
(2) Giving nonbinding advice to the city council or other officials or employees on
ethical questions. This includes rendering advisory opinions as described in section 2-
116.
(3) Giving nonbinding recommendations to the city council on new and existing city
policies on ethics.
(4) Reviewing city councilmembers' expense reports, travel vouchers and requests for
reimbursement for the purpose of rendering advisory opinions as described in section 2-
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116.
(h) Chairperson. The commission member appointed to serve as chairperson shall preside
over all commission meetings and may call special commission meetings as needed, but
otherwise shall have power equal to that of other commission members.
(i) Rules. The commission shall adopt rules in accordance with this division. The rules may
establish procedures for use in commission meetings and procedures for use in meetings at
which hearings are conducted.
0) Quorum. All commission meetings must be heard by at least four members. At commission
meetings, four shall constitute a quorum for the transaction of business, unless otherwise
provided herein. Any action taken or recommended by the commission must be by the
affirmative vote of a majority of the total membership of the commission-
(k) Meetings to be open. All meetings of the commission, except actual hearings of
complaints, shall be open to the public. Hearings on complaints shall be closed to the public
unless the party charged with a violation of this division requests that the hearing be open. The
chairperson or an acting chairperson may administer oaths to witnesses at commission
hearings.
(1) Minutes.
(1) The commission shall keep minutes of its meetings showing the vote of each
member on each question or the fact that the member is absent or fails to vote. The
commission shall keep records of its examinations and other official action. The minutes
and records shall be filed immediately with the city secretary.
(2) Hearings will be recorded and transcribed by a court reporter or the equivalent.
Transcripts of hearings shall be filed with the city secretary.
(Code 1969, § 8 1/2-4; Ord. No. 2288, § 1, 12-12-95)
Sec. 2-115. Disposition of alleged violations; complaints.
(a) Protection of identity; confidentiality.
(1) In handling sworn complaints, the city, its employees and the commission shall
protect the identity of the complaining party until such time as provided in subsection (g)
(2) of this section.
(2) In handling sworn complaints, the city, its employees and the commission shall
protect the identity of the person complained against until such time as the person
requests an open hearing or until such time as the commission makes a
recommendation for sanctions, whichever occurs first.
(3) The city acknowledges that it is subject to the Public Information Act (V.T.C.A.,
Government Code ch. 552) and that such act will determine what information may be
deemed confidential or open to the public.
(b) Filing of complaints; copies, etc.
(1) All complaints shall be filed with the city secretary. The city secretary may not
release the name of the complaining party or the party complained against to any person
other than those specified in this section, until such time as such information may
become open under the terms of this section or under the Public Information Act
(V.T.C.A., Government Code ch. 552).
(2) If a complaint is filed against a commission member, the commission member may
not serve as a commission member on any discussion, review, hearing, action or any
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other commission function on the complaint filed against such commission member. A
commission member that is the subject of a complaint shall receive a copy of the
complaint only as a party complained against and shall not receive a copy as a
commission member.
(c) Contents of complaint. A complaint must state the following:
(1) The specific section of this division that is alleged to have been violated; and
(2) The specific act or actions of an elected or appointed official or employee which
violated the named section of this division.
(d) Swearing to complaints. All complaints must be sworn to as true and correct by the
complaining party. The complaining parry must have personal knowledge of the facts stated in
the complaint.
(a) Acknowledgement. Not later than two working days after the city secretary receives a
sworn complaint, the city secretary by letter shall acknowledge receipt of the complaint to the
complaining party and provide a copy of the complaint to the commission and to the person
complained against. The copy of the complaint provided to the person complained against shall
have the name of the complaining party deleted from it.
(f) Initial meeting. Not later than ten working days after receipt of a complaint by the city
secretary, the commission shall hold a meeting in order to determine whether the sworn
complaint initially establishes that a violation of this division may have occurred. No testimony
will be heard; the sworn complaint must initially establish a potential violation on its face.
(g) Hearing-
(1) If the commission finds that the sworn complaint does not initially establish that a
violation of this division may have occurred, the commission, not later than 12 working
days after receipt of a complaint by the city secretary, shall notify in writing the person
who made the complaint and the person complained against that no hearing will be held
and the reasons therefor. Notification may be given by hand delivery with
acknowledgement of receipt or by certified mail, return receipt requested.
(2) If the commission finds that the sworn complaint does initially establish that a
violation of this division may have occurred, the commission, not later than 12 working
days after receipt of a complaint by the city secretary, shall notify in writing the person
who made the complaint and the person complained against of a date, time and place
for a hearing. The notice to the person complained against shall include a complete copy
of the complaint filed against the person, including the name of the complaining party.
Such notification may be given by hand delivery with acknowledgement of receipt or by
certified mail, return receipt requested. Such notice must be given or mailed at least ten
days before the date of the hearing.
(3) A hearing shall be held within 30 working days after the receipt of a complaint by
the city secretary. The commission may grant up to two postponements of no greater
than ten working days each if needed by the party complained against-
(h) Communication with parties. No member of the commission may communicate directly or
indirectly with any party or person about any issue of fact regarding a pending complaint except
at a commission meeting. Nothing in this section shall prohibit communications by commission
members concerning calling a commission meeting.
(i) Hearing procedure. The issue at the hearing is whether a violation of this division occurred.
The complaining party shall have the burden of proof and must prove a violation based on the
preponderance of the evidence. All testimony will be given under oath. The complaining party or
an agent designated by the complaining party will first present his or her information through
testimony and the introduction of documents. The complained against party or an agent
designated by the complained against party will have the right to ask questions of any person
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testifying. The complained against party will then have the right to present his or her case
through testimony and the introduction of documents. The complaining party will have the right
to ask questions of any person testifying.
0) Commission determination. Once all testimony has been given and all documents
introduced, the commission shall determine whether a violation of this division occurred by a
preponderance of the evidence presented at the hearing. Upon reaching a determination, the
commission, within five working days of the hearing date, shall state its findings and conclusions
in writing. Such findings and conclusions shall include a statement of whether or not this division
may be violated, what section of this division was violated, if any, and the action recommended
by the commission, if any. A copy of such findings and conclusions shall be hand delivered with
receipt acknowledged or sent by certified mail, return receipt requested, to the complaining
party and the party complained against. A copy shall also be given to the city secretary for city
records.
(Code 1969, § 8 1/2-5)
Sec. 2-116. Advisory opinions.
(a) Where an official or employee has a doubt as to the applicability of any provision of this
division to a particular situation, or as to the definition of terms used herein, the official or
employee may apply to the commission for an advisory opinion. The official or employee shall
have the opportunity to present his or her interpretation of the facts at issue and of the
applicability of provisions of the division before such advisory opinion is made.
(b) Such opinion until amended or revoked shall be binding on the city, the city council, and the
commission in any subsequent actions concerning the official or employee who sought the
opinion and acted on it in good faith, unless material facts were omitted or misstated in the
request for the advisory opinion. Since this division governs the behavior of elected and
appointed officials and employees, such opinion shall not be binding on any private citizen.
Complaints on specific activities by an official or employee will not be subject to having an
advisory opinion issued. Such complaints shall be referred directly to the commission for a
hearing.
(c) Any advisory opinion prepared by the commission shall be an open record. However, the
name of the person requesting the opinion and the names of all persons or business entities
mentioned in the opinion shall be deemed confidential information and shall not be disclosed by
the commission unless the official or employee waives such confidentiality in writing or where
the commission deems the official or employee to have failed to act in good faith in requesting
the opinion or in conforming with the opinion or to have failed to act in conformance with the
opinion.
(Code 1969, § 8 1/2-6)
See.2-117. Enforcement.
(a) The commission shall have the power to hold a hearing on any complaint.
(b) The city council may employ or appoint any qualified person to investigate or prosecute any
violation or series of violations of this division by one or more persons.
(c) Any person who believes that a violation of any portion of this division has occurred may file
a complaint with the city secretary. However, nothing in this division shall be construed to
prevent complainants from instituting direct legal action through the appropriate judicial
authority.
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(Code 1969, § 8 1/2-7)
Sec. 2-118. Sanctions to be recommended by commission.
(a) If the commission determines that a violation of this division has occurred, it shall proceed
directly to a determination of the appropriate sanctions to be recommended. If the person
complained against acted in reliance upon an opinion of the commission, the commission shall
consider the fact.
(b) The commission shall recommend to the city council a sanction to be imposed on any
appointed official or the city manager. The final authority to carry out such recommendations
shall be with the city council.
(c) The commission shall recommend to the city manager a sanction to be imposed on any
employee. The final authority to carry out such recommendations shall be with the city manager.
A copy of any recommendation from the commission to the city manager shall be forwarded to
the city council. The city manager shall notify the commission and the city council of the
personnel action, if any, which he takes against an employee as a result of a commission
recommendation. All actions taken by the city manager under this division are subject to being
grieved under the grievance procedure contained in the personnel policies.
(d) The commission may recommend to the city council a sanction on any elected official.
(e) The following are sanctions that the commission may recommend:
(1) A letter of notification shall be the appropriate sanction when the violation is clearly
unintentional, or when the conduct of the person complained against was done in
reliance upon an opinion of the commission. A letter of notification shall advise the
person to whom it is directed of any steps to be taken to avoid future violations.
(2) A letter of admonition shall be the appropriate sanction in those cases in which the
commission finds that the violation is minor and/or may have been unintentional, but
calls for a more substantial response than a letter of notification.
(3) A reprimand shall be the appropriate sanction when the commission finds that a
violation has been committed intentionally or through disregard of this division.
(4) A recommendation of removal or suspension from office or 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 of this division has been committed
intentionally or through culpable disregard of this division.
(Code 1969, § 8 1/2-8)
Sec. 2-119. Penalties; forfeited position; exemptions; injunction.
(a) Penalties, etc.
(1) Any person who intentionally or knowingly violates any of the provisions of this
division may be prosecuted for a misdemeanor, punishable by a monetary fine not to
exceed the maximum amount allowed to be imposed by state law.
(2) Any person whose violation of this division also constitutes a violation of state law
may be subject to prosecution for the violation of state law.
(3) Any official or employee who asks or directs another official or employee to take
action or to fail to take action that violates this division will be subject to the enforcement
of this division and/or prosecution. It is not a defense if an official or employee violates
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this division at the direction of another official or employee-
(b) Voidability of contracts, etc. Any contract, transaction, zoning decision, or other matter
which was the subject of an official act or action of the city in which there is an interest
prohibited by this division, or which involved the violation of a provision of this division, may be
voidable by the city council under city charter section 11.02 or under V.T.C.A., Local
Government Code § 171.006.
(c) Civil actions, etc. The city council may bring civil action or proceeding at law or in equity for
a judgment enjoining any violation of the provisions of this division or requiring the
relinquishment of any prohibited interest or the voiding of any such contract, transaction, zoning
decision, or other matter taking into account the interests of the city and any third persons who
may be injured thereby.
(Code 1969, § 8 1/2-9)
Sec. 2-120. Distribution of code of ethics.
Each official or employee elected, appointed or engaged shall be furnished a copy before
entering upon the duties of the office or employment. In addition, a copy of the code of ethics shall be
distributed to each official or employee elected, appointed or engaged at such time that the code of
ethics is amended, or at least once annually.
(Code 1969, § 8 1/2-10; Ord. No. 2378, § 1, 5-13-97)
Secs.2-121--2-140. Reserved.
DIVISION 4. LIABILITY PLAN*
*Charter references: Powers of city, §§ 1.06--1.08; powers of council to inquire into conduct of
offices, departments, etc., and make investigations into municipal affairs, § 2.07(5); notice of damage or
injury required, § 11.04.
Cross references: Animal control board, § 18-1; building and standards commission, § 22-31 et
seq.; library board, § 74-31 at seq.; park and recreation board, § 86-46 et seq.
Sec.2-141. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
City vehicle means a vehicle or mobile equipment either leased or owned by the city.
Loss means an amount which a plan member is legally obligated to pay, resulting from an act
or omission of the plan member which is covered under this plan.
Plan means the city officer and employee liability plan.
Plan member means a person who is:
(1) An employee of the city;
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(2) A member of the city board, commission or committee created by charter, ordinance
or resolution of the city;
(3) A member of the city council; or
(4) A volunteer who has been approved as a volunteer by a departmental volunteer
coordinator and who is working under the direction of an employee of the city.
(Code 1969, § 2-51)
Cross references: Definitions generally, § 1-2.
Sec.2-142. Coverage.
(a) The city shall indemnify and defend a plan member, in accordance with the terms of this
plan, against a loss arising out of claim, suit or judgment resulting from an act or omission of the
plan member during the discharge of his duties and within the scope of his office, employment,
assigned volunteer work with the city, or because of his holding of public office.
(b) A plan member whose position with the city terminates is entitled to coverage in
accordance with this plan for any event that occurred while the person was a plan member.
(Code 1969, § 2-52)
Sec.2-143. Defense.
(a) The city will defend any suit against a plan member who is covered under this plan, even if
the suit is groundless or fraudulent.
(b) The city may investigate, negotiate and settle any claim or suit as it determines necessary.
(Code 1969, § 2-53)
Sec. 2-144. Limits of coverage.
(a) The city will pay losses covered by this plan which a plan member is legally obligated to
pay, except that, in cases arising from incidents or occurrences where the city's liability exists by
virtue of the Texas Tort Claims Act (V.T.C.A., Civil Practice and Remedies Code ch. 101),
whether or not the city is a party defendant, the city will pay those losses covered by this plan
which a plan member is legally obligated to pay up to, but not exceeding, the limits of liability
provided by that Act, as amended, for units of local government.
(b) In addition to the coverage provided in subsection (a) of this section, the city will pay:
(1) The city's expenses in investigating and defending the claim or lawsuit;
(2) Costs taxed against a plan member in a suit covered by this plan and interest that
accrues after entry of judgment before the city has deposited payment with the court on
that part of the judgment which does not exceed the limits of coverage;
(3) Reasonable expenses of the plan member incurred at the city's request; and
(4) Attorney's fees ordered by the court to be paid by the plan member-
(c) To be entitled to coverage under the plan, a plan member must:
(1) Notify the city attorney in writing as soon as practicable upon receipt of written
notice of a claim or lawsuit, but no later than three days after receipt;
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(2) Cooperate with the city attorney and, upon request of the city attorney, assist in
making settlements, in the conduct of suits and in enforcing any right of contribution or
indemnity against a person or organization who may be liable to the city because of
injury or damage covered under the plan;
(3) Attend hearings and trials and assist in securing and giving evidence and obtaining
the attendance of witnesses; and
(4) Not, except upon advice of the city attorney or when questioned by a police officer
at the scene of an accident, give any oral or written statement or enter into any
stipulation or agreement concerning a claim or lawsuit;
(5) Not, except at his own cost, voluntarily make any payment, assume any obligation
or incur any expense with respect to a claim or lawsuit without the consent of the city.
(Code 1969, § 2-54)
Sec. 2-145. Plan period.
This plan covers only acts or omissions occurring or alleged to have occurred:
(1) While the plan is in effect;
(2) Before the plan was in effect (above any insurance coverage in effect) and which
are not barred by any statute of limitations; and
(3) If the plan is cancelled, while the plan is in effect and which are not barred by any
statute of limitations.
(Code 1969, § 2-55)
Sec.2-146. Exclusions.
Coverage under this plan does not apply to a claim or lawsuit which is brought against a plan
member:
(1) By the city;
(2) Arising out of the intentional or knowing violation of a penal statute or ordinance
committed by or with the knowledge or consent of the plan member, or any claim arising
out of acts of fraud committed by or at the direction of the plan member with intent to
deceive or defraud;
(3) Arising either while the plan member is operating a city vehicle with no authority to
operate the vehicle, or while the plan member is operating a city vehicle in the course of
personal or private business;
(4) For liability assumed by the plan member under a contract, unless the contract is
entered into at the request of the city;
(5) If the plan member joins or attempts or join with the suit against the city for benefits
under this plan;
(6) If the plan member fails to comply with section 2-144; or
(7) For punitive damages, where such damages are not recoverable in law or against
the city;
(8) For damages expressly excluded under V.T.C.A., Civil Practice and Remedies
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Code § 102.002(c).
(Code 1969, § 2-56)
Sec.2-147. Subrogation.
If payment or legal representation is provided under this plan, the city is subrogated to the plan
member's rights of recovery against any person or organization or organization to the extent of the
city's liability and payments, and the plan member must execute and deliver to the city attorney
whatever documents are necessary to secure those rights. The plan member must not do anything
after a loss to prejudice those rights.
(Code 1969, § 2-57)
Sec. 2-148. Legal representation.
(a) The city will provide legal representation for a plan member in a claim or suit in which the
plan member is covered under this plan.
(b) If the city attorney determines that there exists a conflict of interest for the city attorney to
represent a plan member, and the plan member is otherwise entitled to coverage under this
plan, the city will pay the reasonable fee of a private attorney to represent the plan member. The
private attorney will be selected by the city attorney.
(Code 1969, § 2-58)
Sec. 2-149. Determination of coverage.
If the city denies coverage to a plan member, the plan member may seek a determination of
coverage by a court of proper jurisdiction in the county. If the court rules in favor of the plan member,
the city shall provide the plan member all benefits under the plan and shall reimburse the plan member
for reasonable attorney fees, expenses and costs incurred in obtaining the determination of coverage.
(Code 1969, § 2-59)
Sec. 2-150. No creation of cause of action.
Nothing contained in this plan shall be construed as creating a right or cause of action against a
plan member, nor giving a right to a third party to institute or maintain a suit which would not otherwise
exist under law as a legal claim against a plan member.
(Code 1969, § 2-60)
Sees.2-151--2-165. Reserved.
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ORDINANCE NO.2002-05
AN ORDINANCE OF THE CITY OF BURNET, TEXAS, ESTABLISHING
A BOARD OF ETHICS; PROVIDING AN ETHICS POLICY; DEFINING
CERTAIN TERMS; PROVIDING FOR STANDARDS OF CONDUCT;
PROVIDING FOR CERTAIN FINANCIAL DISCLOSURES; PROVIDING
FOR DISPOSITION OF ALLEGED VIOLATIONS; AMENDING THE
CODE OF ORDINANCES; PROVIDING AN EFFECTIVE DATE AND
SAVINGS CLAUSE; AND PROVIDING FOR RELATED MATTERS.
Whereas. the conduct of the public business should be accomplished by city officials that have
no personal financial interest in such business clearly separate from that of the general public;
Whereas, it is important that city officials be provided with a process and procedure to give
notice and to then refrain from participation in any specific business of the City in which such
official has a personal financial interest different from that of the general public;
Whereas, the employees of the City are responsible and answerable to the city manager, the city
manager shall exercise his or her judgment and discretion in applying the terms and provisions of
this ordinance to the employees of the City;
Whereas, a reasonable ethics ordinance with disclosure requirements will provide a basis for
continuing public confidence in the conduct of the business and affairs of the City;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF BURNET,
TEXAS, THAT:
Section I. Policy. It is the policy of the City that the proper operation of democratic
government requires that city officials be independent, impartial and responsible to the people;
that governmental decisions and policy be made in proper channels of the governmental
structure: that public office not be used for personal gain: and that the public have confidence in
the integrity of its government. In recognition of these goals, a code of ethics for all city officials
and is adopted.
This code has 'four purposes: (1) to encourage high ethical standards in official conduct by city
officials; (2) to establish guidelines for ethical standards of conduct for all such officials by
setting forth those acts or actions that are incompatible with the best interests of the City; (3) to
require disclosure by such officials and candidates of private financial or other interests in
matters affecting the City; and (4) to serve as a basis for disciplining those who fail to abide by
its terms.
The provisions of this ordinance 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.
SeeHon 2. Definitions. The following words, terms and phrases, when used in this Ordinance,
shall have the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning. Words used in the present tense include the future tense. Words
used in the plural number include the singular, and words in the singular include the plural. The
word "shall" is always mandatory. The word "herein" means in this Ordinance. The word
"person" means any human being or legal entity and includes a corporation, a partnership, and an
incorporated or unincorporated association.
(a) "Appears Before". A person appears before the City Council, city board or
commission when such person publicly states his name and address, signs a sheet
provided at the podium for that purpose, and addresses the Council. board or commission.
or otherwise makes a presentation or statement to the City Council, city board or
commission other than when sitting as a member thereof on a matter in which the city
official has no financial interest that is greater than that of the general public.
(b) 'Business Entity". Any corporation, partnership, sole proprietorship, firm,
enterprise, franchise, association, organization, self-employed individual, holding
company, joint stock company, receivership, trust, or any legal entity organized for
profit.
(c) 'Business Dealines". Any activity involving the exchange of economic benefits.
(d) "Candidate". Every person who declares for or files for any office of the City to be
filled by election.
(e) "City Official" or "Officer". The mayor, every member of the City Council, the city
manager, the city attorney and each member of the planning and zoning commission.
(f) "Compensation". Any economic benefit received in return for labor, services,
property, or investment.
(g) "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.
(h) "Family Member". The spouse, parent or child, and the parents of a spouse, of the
city official.
(r) 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.
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(j) "Identification". For a natural person. the person's name, street address, city and
state; for any entity other than a natural person, the name, address. city and state of the
entity's principal location or place of business, the type or nature of the entity, the date on
which it cane into existence. the state of incorporation, if any, the names of the partners
or trustees, if any.
(k) "Income". Economic benefit received.
(1) "Intentionally". A person acts intentionally, or with intent, with respect to the nature
of his conduct or to a result 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.
(m) "Knowinaly". 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.
(n) "Pecuniary Gain". Any use, benefit or thing of value that can be valued in money.
(o) "Source of Income" Any business entity, employment, investment, or activity which
earned or produced income, including interest, dividends, royalties or rents, which has
been paid to or for the credit of a city official, candidate or family member or which
would be taxable to said city official, candidate or family member under the United
States Internal Revenue Code, as anended, even though not actually paid or credited.
(p) "Substantial Interest. A person has a substantial interest in a business entity if he
and/or a family member: (a) owns ten percent (10%) or more of the voting stock or shares
of the business entity; (b) owns ten percent (10%) or more or $15,000 or more of the fair
market value of the business entity; or (c) funds received from the business entity exceed
ten percent (10%) or more of the person's gross income for the previous year. A person
has a substantial interest in real property if he or a person related to him in the first degree
by consanguinity or affinity own, control or have an interest in the property and the
interest has a market value of $2,500.00 or more.
Section 3. Standards of Conduct.
(a) Gifts.
(i) No city official shall intentionally or knowingly solicit or accept any contribution,
gift, or economic benefit with actual or constructive knowledge that same is:
(i) offered or given with intent to influence the judgment or discretion of such
official: or
(ii) given in consideration of the favorable exercise of such official's judgment or
3
discretion in the past.
(ii) To avoid the appearance and risk of impropriety, city officials shall not solicit or
accept any gift, personal favor or benefit from any person doing business with, seeking to
do business with, or being regulated by the City; and shall not take any action on behalf
of any person or business entity from which he or she has received a prohibited gift, or in
which he or she has a substantial interest. Except in the sole interest of the public and the
performance of the duties of their position, city officials shall not take any action that he
or she knows might reasonably tend to influence any other city official to not properly
perform their official duty. nor shall any city official grant any improper favor, service or
thing of value to any person.
(iii) As used in this Ordinance the word "Gift" means a favor, hospitality, economic
benefit, product or item having a value of $25.00, or more. A "Gift" does not include
campaign contributions reported as required by state law, money, items, or benefits
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.
(iv) The following factors are considered in evaluating whether a gift is prohibited:
(A) The value of the gift, or gifts, does not exceed $25.00, or $200.00 during
any twelve (12) consecutive calendar months;
(B) Any pre-existing relationship between the donor and donee;
(C) Whether the benefit of the gift is transferred to the City or to the city
official and whether any consideration is given in exchange for the gift;
and
(D) Whether the person or entity giving the gift, or on whose behalf the gift is
made, has done business with or has been regulated by the City within the
immediate preceding twenty-four (24) calendar months, or is seeking to do
business with the City, or does business with or is regulated by the City
during the subsequent twelve (12) months.
(v) Those items or services that do not constitute prohibited gifts include, but are not
limited to, the following:
(A) Political contributions made and reported in accordance with all applicable
state laws.
(B) Awards publicly presented in recognition of public service.
(C) Entertainment, meals or refreshments furnished in conjunction with public
events, appearances, or ceremonies related to official City business, if
famished by the sponsor of such public event, and meals and refreshments
11
having a value of less than $50.00 when furnished or provided to the city
official during the conduct of public business.
(D) Any item received by a city official and donated to a charitable
organization or presented to the City within one (1) business day Rom the
date of receipt; any item(s) other than money the value of which does not
exceed $25.00 or $200.00 during any twelve (12) consecutive calendar
months.
(E) Pens, pencils, calendars, T-shirts, caps and similar items containing logos.
slogans, company names or other marketing material and commonly given
out for advertising purposes.
(b) General Provisions.
(i) No city official shall intentionally or knowingly disclose any confidential or
privileged information gained by reason of said official's position. No city official shall
use any such confidential information for the pecuniary gain of said official, or others.
(ii) No city official shall intentionally or knowingly use his or her official position or
City owned facilities, equipment, or supplies for the pecuniary gain or advantage of such
official or persons other than the public at large, or use City owned vehicles, printing
facilities, postage facilities or long distance telephone service for personal reasons,
pecuniary gain or advantage, or in any political campaign.
(iii) No city official shall intentionally or knowingly appear before the body of which
the official is a member while representing himself, or any other person, group,
association, interest, or business entity. This subsection shall not be applicable in
instances where the city official is a member of, serves on the board. or serves in an
office of'. a group, association or other entity by reason of having appointed to serve in
such position by the City Council.
(iv) No city official shall intentionally or knowingly represent directly or indirectly
any private person, group, or interest other than himselffherself or a family member
before any department, agency, commission or board of the City for pay or profit.
(v) No city official shall vote on or participate in any decision making process if the
official has a direct financial interest in the outcome of the matter under consideration.
No city official shall vote on or participate in any decision malting process on any matter
concerning real property or a business entity if the official has a substantial interest in the
business entity or real property.
(vi) None of the foregoing shall be construed to prohibit a city official from
representing his or her interest in his or her owner -occupied homestead before the
council. board, commission or any department except for the body of which the official is
a member.
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(vii) In any action or proceeding in the municipal court of the City which was
instituted by a city official in the course of official duties, no city official shall Imowingly
represent anyone other than himself: herself or a family member. If a council member
elects to have a trial in municipal court. the City Council, without the participation of the
affected council member, shall appoint a special judge to preside over the trial.
Section 4. Disclosure of Interest.
(a) ]f any city official. or member of a city board or commission. has a substantial
interest in any real property or business entity involved in any decision pending before the body
of which the official or person is a member. the official or person shall not vote or otherwise
participate in the consideration of the matter.
(b) If any non -elected city official has a substantial interest in any real property or
business entity involved in any decision pending before the City Council, or a board or
commission, such city official shall not participate in the consideration of the matter.
(c) A city official, or member of a city board or commission, shall publicly disclose,
verbally and in writing, the nature and extent of such interest to the body on which the official
serves prior to any discussion or determination of the matter to be considered or immediately
upon discovery of the conflict of interest. The official or member shall publicly abstain and not
participate in the discussion of any such matter, and the following statement of disclosure shall
be completed by the official and tiled in the official minutes of the body:
AFFIDAVIT OF CONFLICT OF INTEREST
THE STATE OF TEXAS s
COUNTY OF BURNET §
1. as a member of the Bumet City Council make this affidavit and hereby on
oath state the following: I, and/or a person or persons related to me in the first degree by either affinity or
consanguinity, have a substantial interest in a business entity that would be peculiarly affected by a vote or decision
orthe Burnet City Council, as those terms are defined in Chapter 171 of the Local Government Code.
Date of Meeting:
The Business Entity is :
Agenda Item Number:
have a substantial interest in this business entity for the following
1 nsen ort ¢ mm�c u of mr persons)
reasons: (check all which are applicable)
❑ Ownership of 10% or more of the voting stock or shares of the business entity.
171 Ownership of 10% or S 15,000 or more of the fair market value of the business entity.
❑ Funds received from the business entity exceed 100/0 of my gross income for the previous year.
❑ Real property is involved and 1 have an equitable or legal ownership with a lair market value of at least $2,500.
❑ Other __ _
Upon the filing of this affidavit with the Official Record Keeper of the City, I affirm that I will abstain from voting
on any decision involving this business entity and from any further participation on this matter whatsoever .
Signed this _ day
Signature of Official
Title
BEFORE ME, the undersigned authority, this day personally appeared _
and on oath stated that the facts hereinabove stated are true to the best of their knowledge or belief.
SWORN TO AND SUBSCRIBED BEFORE ME on this day of _ _ 20
Notary Public in and for the State of Texas
Section 5. Financial Disclosure.
(a) No later than June 30 of each year, each city official shall file a sworn financial
disclosure statement with the city secretary reflecting the financial situation of the city official as
of December 31 of the previous year. Notwithstanding any other term or provision of this
Ordinance, as used in this Subsection:
(i) the term "family member" shall include only the city official, and the spouse and the
minor children of the city official:
(ii) the tern "substantial interest" shall include only the interests of the city official, and
the spouse and minor children of the city official: and
(iii) the annual financial disclosure statement shall not include the assets or property of
any person other than those of the city official and the spouse and minor children of the
city official.
(b) A newly employed or appointed city official shall file a sworn financial disclosure
statement with the city secretary within thirty (30) days from the date the position with the city is
assumed. Said statement shall reflect the financial situation as of date of employment or
appointment and for the previous twelve (12) months.
(c) Each candidate shall file a sworn financial disclosure statement with the city
secretary within fifteen (15) days of filing for office, reflecting the financial situation of the
candidate as of December 31 of the year previous to the election date.
(d) Each person required to file a financial disclosure statement shall do so on a font
supplied by the City which shall include the following information:
(i) The person's name, residence address. business address, telephone number, name
of all family members and all names under which the person or family member does
business.
(ii) Identification by street address, and legal description of all real property located
within the city or its extraterritorial jurisdiction in which the person has a substantial
interest.
(iii) Identification of each business entity owning property or doing business within
the City or its extraterritorial jurisdiction in which the person has a substantial interest.
(iv) Identification of each person or business entity, other than a bank or a savings and
loan association, to whom the person or family member owed a debt of Ten Thousand
Dollars ($10,000) or more during the reporting period, but excluding debts owed to
persons related within the second degree of consanguinity or affinity and loans to a
political campaign which were reported as required by law: if repaid during the reporting
period the date of repayment shall be stated.
(v) Identification of each source of income amounting to ten percent (10%) or more
of the person's or family member's gross annual income as defined by the United States
Internal Revenue Code.
(vi) Identification of the donor and value of each gift of more than one hundred fifty
dollars ($150.00) received by the person or family member, from a donor that has
appeared before and requested action of the City Council during the reporting period.
(e) The financial disclosure statements required to be completed by city officials and
filed in the office of city secretary shall be in the following form:
CITY OF BURNET
FINANCIAL DISCLOSURE STATEMENT
[For the year ending , 20_j
This form is required to be completed by the following City Officials: Mayor,
City Council Members, City Manager, the City Attorney and each member of the
Planning and Zoning Commission.
This statement is due no later than June 30th of each year.
This statement is required by the Ethics Ordinance of the City of Burnet. Please
refer to the Ordinance for specific requirements and the definition of terms.
Where additional space is required. please attach separate pages.
Please fill in all blanks. If a requested item does not apply. write "N/A".
Name:
Residence Address:
Telephone (work) _
Name of Spouse:
Name(s) of all dependent minor children:
(home)
Names in under which you, your spouse, and/or your dependent minor children do
business:
A. Identify by street address and legal description separately, all real property
located within the City of Burnet or its extraterritorial jurisdiction in which you
have a substantial interest.
[Attach separate page if necessary]
B. Identify each business entity owning property or doing business within the
City of Burnet or its extraterritorial jurisdiction in which you have a substantial
interest. Include name, address of principal place of business, state of
incorporation (if applicable), names of partners, board members, directors,
trustees, etc. of each such separate business. Do not include any company or
entity listed on a national stock exchange, unless you own more than one percent
(1 %) of the outstanding stock, shares or units of such company.
[Attach separate page i f necessary]
C. Identify each person or business entity to whom you, your spouse. or your
dependent minor children owe a debt of$10.000.00 or more. Include the name
and address of the person or entity to which you owe a debt, and if repaid in the
reporting period. the date of repayment. Do not include debts owed to persons
related to you within the second degree. debts owed to national or state banks or
savings and loan associations. and exclude loans to a political campaign which
were reported.
[Attach separate page if necessary]
D. Identify each source of income amounting to ten percent (10%) or more of
Your or your spouse's or your dependent minor children's gross annual income.
Also list the address of such source of income.
[Attach separate page if necessary]
E. Identify the source and value of each gift of more than one hundred fifty
dollars ($150.00) in value received by you or your spouse or your dependent
minor children. Also list the address of such source. Do not list gifts from family
members related to you within the second degree, or campaign contributions
reported by you.
[Attach separate page if necessary]
By:
Signalure
Name:
7.1 pe or Print
STATE OF TEXAS
COUNTY OF BURNET
BEFORE ME, the undersigned Notary Public, on this day personally appeared
10
. as affiant,
known to me, and after being duly sworn by me. stated on his/her oath that the
foregoing and annexed Financial Disclosure Statement is within the knowledge of
affiant and is true and correct.
Notary Public -State of Texas
(f) The city secretary shall maintain all financial disclosure statements required to be
filed herein as public records and shall retain them for a period of three (3) years after which the
statements shall be returned to the person filing them or shall be destroyed.
Section 6. Board of Ethics.
(a) A Board of Ethics (the "Board") is hereby established. The Board shall be
composed of three (3) members, all of whom shall reside in the City.
(b) Board members shall be appointed by majority vote of the City Council.
(c) Each Board member shall be appointed by the City Council and shall occupy a
position on the Board, such positions being numbered h through 3.
(d) The Board members shall be appointed to three (3) year staggered terms. Position
l shall serve an initial term of one year which shall expire on September 30th of 2002. Position
2 shall serve an initial term of two years which shall expire on September 30th of 2003. Position
3 shall serve an initial term of three years which shall expire on September 30th of 2004. After
each such initial term expires, the tern of office for each position shall be three years.
(e) All vacancies shall be tilled for the unexpired term. A member shall hold office
until his or her successor has been appointed by the City Council.
(f) The Board shall elect a Chair and a Vice -Chair to one (1) year terms. The Vice -
Chair shall act as chair in the absence of the Chair.
(g) Two (2) members of the Board shall constitute a quorum, but no action of the
Board shall be of any force or effect unless it is adopted by the favorable vote of at least two (2)
or more members.
(h) The Board shall render advisory opinions on potential conflicts of interest or
violations of this Section at the request of a city official or member of a City board or
commission. Such advisory opinion shall be rendered within a reasonable time. but in no event
later than thirty (30) days after a request therefore is received by the Board.
(i) It shall be a defense to the prosecution of or proceedings on an alleged violation
of this Ordinance that the person accused previously requested an advisory opinion of the Board
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 Board in any
subsequent charges concerning the person requesting the opinion.
0) Independent legal counsel shall be utilized to advise the Board and participate in
bearings. The City Council shall designate and retain independent counsel who shall be a duly
licensed attorney in the State of Texas.
Section 7. Investigations and Complaints.
(a) Investigation by Board. The Board may in its discretion hear information and
witnesses in a public meeting, or direct the independent legal counsel, to investigate any
potential violation of this Ordinance known to the Board. 'file Board shall investigate any
potential violation of this Ordinance upon a request by the City Council. No complaint shall be
required prior to the Board conducting an investigation under this subsection.
If the Board undertakes to investigate any a potential violation of this Ordinance, within
seven (7) days of the Board's vote to investigate the possible violation, the Board shall draft a
written notice referencing the provision(s) of this Ordinance applicable to the investigation and
shall file a copy with the city secretary, and provide a copy to the city attorney, the independent
counsel, and the person whose actions are being investigated. If a Board investigation results in
a complaint being filed, not later than ten (10) days after the tiling of the complaint is approved
by a majority vote ofthe Board, the Board shall notify in writing the person complained against
of the date for a preliminary hearing.
(b) Sworn Complaint Required. Only upon a sworn complaint by a person, or by the
Board, being filed with the city secretary's office, shall the Board consider specific violations of
this Ordinance that are alleged to have been committed by city officials and candidates.
(c) Complaint to Specify Charges. A sworn complaint based on personal knowledge
alleging a violation(s) of thus Ordinance shall specify the provision(s) of this Ordinance alleged
to have been violated, and shall name the city official or candidate being charged. A complaint
filed by the Board may be made on information and belief'.
(d) Complaints Required to be Timely Made. A complaint alleging a violation of this
Ordinance must be filed with the city secretary within two (2) years from the commission of the
act alleged as a violation, and not afterward.
(e) Notices Given When Complaint Filed. Not later than live (5) working days after the
city secretary receives a sworn complaint, the city secretary shall aclmowledge the receipt of the
complaint to the complainant, and provide a copy of the compliant to the city attorney, the
independent counsel, the Board and the person complained against. Not later than ten (10)
working days after receipt of a complaint, the Board shall notify in writing the person who made
the complaint and the person complained against of a date for a preliminary hearing. If the
Board does not hold a preliminary hearing within twenty (20) working days of receipt of the
complaint, it shall notify the person who made the complaint of the reasons for the delay and
shall subsequently give him or her the appropriate notification.
12
Section 8. Hearings and Disposition of Alleged Violations.
(a) Board Communications. Alter a complaint has been tiled and during the pendency of
a complaint before the Board. a member of the Board 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 Board; provided that the Chair, or as applicable the Vice -Chair, may consult with
the attorney for the Board as to process, procedure and legal issues.
(b) Preliminary Hearing. As soon as reasonably possible, but in no event more than sixty
(60) days alter receiving a complaint, the Board shall conduct a preliminary hearing.
(i) The issue at a preliminary hearing shall be the existence of reasonable grounds to
believe that a violation of this Ordinance has occurred. The person tiling a complaint, or
the independent counsel in cases considered upon the Board's own initiative, shall state
the alleged violation and shall describe in narrative from the testimony and other
evidence which would be presented to prove the alleged violation as stated in the written
complaint. Statements. other than those made by the independent counsel on information
and belie]; 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
Board may question the complainant, the independent counsel for the Board, or the city
official named in the complaint, as may the independent counsel.
(ii) The city official named in the complaint shall have the opportunity to respond, but
is not required to attend or make any statement. The official may describe in narrative
forni the testimony and other evidence which would be presented to disprove the alleged
violation. If the official agrees that a violation has occurred, he may so state and the
Board may consider the appropriate sanction.
(iii) The complainant and the city official named in the complaint shall have the right
to employ and to be represented by legal counsel.
(iv) At the conclusion of the preliminary hearing, the Board shall decide whether a
final hearing should be held. If the Board determines there are reasonable grounds to
believe that a violation of this Ordinance has occurred, it shall schedule a final hearing.
If the Board does not determine that there are reasonable grounds to believe that a
violation of this Ordinance has occurred, the complaint shall be automatically dismissed.
A decision to conduct a final hearing is not a finding that a violation has occurred.
(v) The Board, at any time during the preliminary hearing, may also dismiss a
complaint if the complaint does not allege conduct which would be a violation of this
Ordinance. Before a complaint is dismissed for failure to allege a violation, the
complainant shall be permitted one opportunity, within ten (10) days of such preliminary
hearing, to revise and resubmit the complaint.
(vi) The complainant, the independent counsel, and the city official named in the
13
complaint may ask the Board at a preliminary hearing to request certain persons and
evidence for a final hearing, if one is scheduled.
(c) Final Hearing. The final hearing shall be held as expeditiously as possible following
the determination by the Board that there are reasonable grounds to believe that a
violation of this Ordinance has occurred, but in no event shall it be held more than thirty
(30) days after said determination.
(i) The Board may grant two (2) postponements, not to exceed fifteen (15) days each,
upon the request of the city official named in the complaint.
(ii) The issue at a final hearing shall be whether a violation of this Ordinance has
occurred. The Board shall make its determination based on clear and convincing
evidence in the record. All witnesses shall make their statements under oath. If the
Board determines that a violation has occurred, it shall state its findings in writing, shall
identify the particular provision(s) of this Ordinance which have been violated, and
within five (5) working days shall deliver a copy of the findings to the complainant, if
any, the person named in the complaint and the city secretary.
(iii) If a complaint proceeds to a final hearing, the Board may request and subpoena
witnesses to attend and testify, administer oaths and affirmations. take evidence and
request the production of books, papers, records, or other evidence needed for the
performance of the Board's duties or exercise of its powers, including its duties and
powers of investigation. It shall be a violation of this Ordinance for a person to fail to
appear and testify before the Board in response to a request made in writing ten (10) days
or more prior to the scheduled time and date of the notice or request to appear.
Section 9. Disposition and Sanctions.
(a) Violation Found. If the Board determines that a violation of this Ordinance has
occurred, it shall proceed directly to determination of the appropriate sanction(s). A violation of
this Ordinance shall not be subject to criminal penalties under the City Code, except for the two
instances specifically provided for in this Ordinance. The Board may receive additional
testimony or statements before considering sanctions, but is not required to do so. If the city
official or candidate named in the complaint acted in reliance upon a written opinion of the city
attorney, the Board shall consider that fact.
(b) Possible Sanctions. If the Board determines that a violation has occurred. it may
impose or recommend the following sanctions:
(i) A letter of notification shall be the appropriate sanction when the violation
is clearly unintentional, or when the official's conduct complained of was made in
reliance on a written opinion of the city attorney. A letter of notification shall be
directed to the official complained against, with a copy to the complainant and to
the city secretary.
14
(ii) A letter of admonition shall be the appropriate sanction in those cases in
which the Board finds that the violation is minor and/or may have been
unintentional, but calls for a more substantial response than a letter of notification.
The Board may admonish any official covered by this Section.
(iii) A reprimand shall be the appropriate sanction when the Board finds that a
violation has been committed intentionally or through disregard of this Section.
The Board may reprimand any official covered by this Section. A reprimand
directed to a city official or board or commission member shall also be sent to the
City Council and city secretary, and published in the official newspaper.
(iv) A letter of censure shal I be the appropriate sanction when the Board finds
that a serious or repeated violation(s) of this Ordinance has been committed
intentionally or through culpable disregard of this Ordinance by a city official. A
letter of censure directed to a city official shall be transmitted to the city secretary,
published in the official newspaper of the City and shall be sent to the City
Council.
Section 10. City Manager. Sections 3 and 4 of this Ordinance may be reasonably applied by
the City Manager to the employees of the City as if the term "city official" therein included
employees of the City. The City Manager shall use his or her reasonably discretion and
judgment in applying such sections to the employees of the City, giving consideration to the
specific facts involved and the position held by the employee. Action taken by the City Manager
with respect to any specific event, action or employee, may, depending on the applicable facts
and discretion of the City Manager, range from oral reprimand to termination.
Section 11. False Complaints. In the event a complaint is received by the Board that is
subsequently found to be baseless, and the Board deems that the complaint was filed with the
intent to:
(a) harass the person named in the complaint; or
(b) damage any person's reputation: or
(c) benefit the person filing the complaint, or a third party, either personally,
professionally or politically; or
(d) damage a related third party:
the Board may recommend the city attorey cause a complaint to be filed against such person in
the municipal court or, as appropriate, a higher court of this State; the City Council or City
Manager, as appropriate, take disciplinary action(s) against the individual who filed the
complaint, including but not limited to disciplinary action il'such complainant is a city employee
or appointed officer or official of the City; and/or the filing of a civil action to recover the costs,
fees, charges and expenses incurred by the City with respect to such complaint. The Board may
also recommend other action(s) that should be taken.
15
Section 12. Penalties. Any person who shall violate Section 8(c)(iii) or Section 1 I of this
Ordinance shall be deemed guilty of an offense and shall be liable for a fine not to exceed the
sum of five hundred dollars ($500.00). Each day the violation exists shall constitute a separate
offense. Such penalty shall be in addition to all the other remedies provided herein.
Section 13. Code of Ordinances. The Code of Ordinances of the City is hereby amended to
include the terms and provisions of this Ordinance. All ordinances. parts of ordinances and the
Code of Ordinances in conflict herewith are hereby amended to the extent of -such conflict only.
If a provision of this Ordinance and any other ordinance shall conflict. the terms of this
Ordinance shall govern and control and the other ordinance or Code provision shall be read and
construed in a manner consistent with the intent and provisions of this Ordinance.
Section 14. Severability. If any provision of this ordinance or the application of any provision
to any person or circumstance is held invalid, the invalidity shall not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are declared to be severable.
Section 15. Effective Date. This ordinance shall tale effect immediately from and after its
passage and publication in accordance with the provisions of the Tex. Loc. Gov't. Code, and it is
accordingly so ordained.
Section 16. Open Meetings. It is hereby officially found and determined that the meeting at
which this ordinance is passed was open to the public as required and that public notice of the
time, place, and purpose of said meeting was given as required by the Open Meetings Act.
PASSED AND APPROVED on first reading this the 14"' day of May, 2002.
FINALLY PASSED AND APPROVED on this the 28°i day of May, 2002.
ATTEST:
Crista Goble, City Secretary
111
CITY OF BURNET, TEXAS
Demos Kincheloe, Mayor
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material to such hearing or investigation in the same manner as is now prescribed by the laws of this
state for compelling the attendance of witnesses and production of evidence in the municipal court.
(Amend Ord 87-102. 05/19/97)
All such subpoenas must be signed by the Mayor prior to issuance. (Amend Ord 87-102. 05/19/97)
Section 11.03 Violation and Penalty
Any person who rebuses to appear, to testily or who disobeys any lawful order pertaining to an
authorized hearing or investigation of the City Council, the City Manager, or any person or committee
authorized by either or both of them to conduct such hearing or investigation, or who fails or refuses to
produce any book. paper. document or instrument touching any matter under examination, or who
engages in any contemptuous conduct after being summoned to give testimony in relation to any matter
under investigation, shall be deemed to have committed a misdemeanor, and it shall be the duty of the
person responsible for conducting the hearing or investigation to make complaint against such person so
refusing to comply with the subpoena or order in the same manner as other criminal cases. (Amend Ord
87-102, 05/19/87)
Section 11.04 General Rules
A. The subpoena or order issued pursuant to this Article must be issued in pursuit of an objective
authorized by ordinance or statute; such authorization for the investigation may be express or implied.
(Amend Ord 87-102, 05/19/87)
B. Information sought must be germane to a lawful subject of inquiry. (Amend Ord 87-102, 5/19/87)
C. Demands for information must be as specific as the requesting party's knowledge will permit, and
must not be unreasonably burdensome. (Amend Ord 87-102, 05/19/87)
D. The administrative command, order, or request shall not purport to require privileged information
which is recognized by law as such. (Amend Ord 87-102, 05/19/87)
E. All testimony obtained by authority of this Article shall be made under oath and accurately
recorded by tape recorder, stenographer, video tape, or any other method by which an accurate record
may be made. (Amend Ord 87-102, 05/19/87)
F. In an action for violation of this Article, items A through D of this Section shall be affirmative
defenses. (Amend Ord 87-102, 05/19/87)
ARTICLE X1I
CODE OF ETHICS
Section 12.01 Declaration of Ethical Policy
A. It is the policy of the City that the proper operation of democratic government requires that public
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officials be independent, impartial and responsible to the people; that governmental decisions and policy
be made in proper channels of the governmental structure: that public office not be used for personal
gain; and that the public have confidence in the integrity of its government. In recognition of these
goals, a code of ethics for all City officials is adopted.
B. This code ofethics has live (5) purposes:
To encourage the public service by Arlington citizens;
2. To encourage high ethical standards in official conduct by City officials;
3. To establish guidelines for ethical standards of conduct for all such officials by setting forth
those acts or actions that are incompatible with the best interests of the City;
4. To require disclosure by such officials of private financial or other interests in matters affecting
the City; and
5. To serve as a basis for disciplining those who fail to abide by its terms.
C. The provisions of this article shall not apply to contributions, loans, expenditures or reports, any of
which are made for lawful political purposes.
D. This Code of Ethics is not intended to be nor shall it be used as a political weapon to intimidate or
embarrass persons affected.
E. In those matters before the City Council where there is a conflict with this Declaration of Ethical
Policy, the elected City official must refrain from the deliberations of the Council and abstain from
voting.
Section 12.02 Standards of Conduct Subject to Ethics
Commission Review
A. No City official shall formally appear for compensation before the body of which the official is a
member while acting as an advocate for any other person, group or entity.
B. No City official shall represent, for compensation, any other private person, group or entity before
any body on which such City official may be a member.
C. No elected City official shall interfere with the City Manager's administrative duties of
appointment to and removal of persons from employment with the City. Nor shall private directives be
made to City staff.
D. No City official shall represent, directly or indirectly, any other private person, group or entity in
any action or proceeding against the interests of the City, or in any litigation in which the City or any
department, commission, board or committee thereof is a party.
E No City official shall represent, other than himself/herself, directly or indirectly, any private person,
group or entity in any action or proceeding in the municipal courts of the City.
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P. 1. No City official shall solicit or accept other employment to be performed or compensation to
be received while still a City official, if the employment or compensation could reasonably be expected
to impair independence in judgment or performance of City duties.
2. If a City official accepts or is soliciting a promise of future employment from any person or entity
who has a substantial interest in a person, entity or property which would be affected by any decision
upon which the official might reasonably be expected to act. investigate, advise or make a
recommendation, the official shall disclose that fact to the board or commission on which he/she serves
and shall take no further action on matters regarding the potential future employer.
G. No City official shall accept remuneration, directly or indirectly, for campaign wort: relating to
another individual's candidacy for and election to Mayor, City Council or other elected office of the City
of Arlington, or any other item placed on the ballot by the City Council, when such work is to be
perfonmed within twelve (12) months of the respective election, if the City official served on the body
which exercised authority in the development of the ballot item and participated in the discussion or
voted on the item.
14. A City official may not participate in a vote or decision on any zoning matter which may appear
before the body of which the City official is a member if the City official has a substantial interest in any
real property within two hundred feet (200') of the property which is the subject of the zoning request.
I. A City official who serves as a corporate officer or member of the board of directors of a nonprofit
entity may not participate in a vote or decision regarding funding by or through the City for the entity, if
said official receives any fee, compensation or other monetary payment from the entity, unless the City
Council appointed such City official to the board of directors or such corporate office.
J. A City official shall not disclose any confidential government information gained by reason of the
City official's position. This rule does not prohibit:
a. any disclosure that is no longer confidential government information;
b. the confidential reporting of illegal or unethical conduct to authorities designated by law; or
C. any disclosure, not otherwise prohibited by law, in furtherance of public safety after first
conferring with the City Attorney about any potential liability exposure. (Amend Ord 01-074, 7/10/01)
K. A Planning and Zoning Commission member may not participate in a vote or decision on any
matter which may appear before the Commission if the Commission member has a substantial interest in
a business entity that provides funding or financing to the applicant of the case. (Amend Ord 06-034,
4/4/06)
Section 12.03 Additional Ethical Standards
A. A City official may not participate in a vote or decision on a matter affecting a person, entity or
property in which the official has a conflict of interest. See Chapter 171, Texas Local Government
Code, Regulation of Conflicts of Interest of Officers of Municipalities, Counties, and Certain Other
Local Governments.
1. A City official shall review the agenda to determine if there are any matters in which he/she has a
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conflict of interest prior to each meeting of the body to which the City official is a member.
2. A City oflicial shall file a statement prior to the meeting indicating that he/she has reviewed the
agenda and that there are no matters in which lie/she has a conflict of interest.
3. If upon review of the agenda, it is determined that the City official has a conflict of interest, he/she
shall file an affidavit as required by Texas Local Government Code. Chapter 171. and abstain from
participation in the discussion and voting on the matter.
B. No City official shall violate Chapter 37 (Perjury and Other Falsification) of the Texas Penal
Code. Nor shall a City official solicit, encourage, direct, aid or attempt to aid another person to commit
a violation of Chapter 37 of the Texas Penal Code.
C. No City official shall use his/her official position to secure confidential information for any
purpose other than official responsibilities. See Section 39.06, Texas Penal Code, Misuse of Official
Information.
D. No City official shall use City facilities, personnel, equipment or supplies for private purposes,
except to the extent such are customary, incidental or lawfully available to the public. See Section
39.02, Texas Penal Code, Abuse of Official Capacity,
E. No City official shall accept or solicit any gift or favor that would tend to influence that individual
in the discharge of official duties or that the official knows has been offered with the intent to influence
or reward official conduct. See Section 36.02, Texas Penal Code, Bribery. (Amend Ord 01-074,
7/10/01)
Section 12.04 Disclosure of Conflict of Interest
A. A City official shall disclose the existence of any conflict of interest he/she may have with respect
to a person, entity or property which would be affected by a vote or decision of the body of which the
City official is a member or that he/she serves as a corporate officer or member of the board of directors
of a nonprofit entity for which a vote or decision regarding funding by or through the City is being
considered.
B. To comply with this section, a Council member or City official, prior to the vote or decision, either
shall file an affidavit as required by Texas Local Government Code, Chapter 171 (Regulation of
Conflicts of Interest of Officers of Municipalities), or if not so required by said statute, shall publicly
disclose in the official records of the body the nature and extent of such interest.
C. Where the interest of a City official in the subject matter of a vote or decision is remote or
incidental, the City official may participate in the vote or decision and need not disclose the interest.
1. "Remote interest" means an interest of a person or entity, including a City official, who would be
affected in the same way as the general public. The interest of a Council member in the property tax
rate, general City fees, City utility charges or a comprehensive zoning ordinance or similar decisions is
incidental to the extent that the Council member would be affected in common with the general public.
2. "Incidental interest" means an interest in a person, entity or property which is not a substantial
interest and which has insignificant value, or which would be affected only in a de minimis fashion by a
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decision. This article does not establish dollar limits on the terns "insignificant value" and "de
minimis," which shall have their usual meanings and be subject to interpretation on a case by case basis.
D. Nothing in this article shall prohibit the City Council from participating in a vote or decision
relating to salaries, tens of office or travel budgets of City Council members. (Amend Ord 01-074,
7/10/01)
Section 12.05 Substantial Interest of Relative
A. A conflict of interest of an immediate family member of a City official shall be deemed to apply to
that official for the purposes of Sections 12.02 and 12.03 concerning disclosure and recusal or
reassignment.
B. A City official subject to Texas Local Government Code, Chapter 171, may not participate in a
vote or decision affecting a substantial interest of an immediate family member of the official. (Amend
Ord 93-06, 1/26/93)
Section 12.06 Disclosure of Interests Regarding Land Use
Changes
A. Any person seeking City Council, Zoning Board of Adjustment. Planning and Zoning
Commission, or Landmark Preservation Commission consideration or action concerning any application
for rezoning, plat approval, certificates of appropriateness, certificates of demolition or relocation,
special exception, variance or similar application requiring action by the Planning and Zoning
Commission, Landmark Preservation Commission or Zoning Board of Adjustment, shall file a
disclosure statement with the City.
1. Said statement shall be filed at the time of filing of such application with the Planning
Department, Community Services Department or Building Inspections. (Amend Ord 06-079, 8/22/06)
2. The applicant shall specifically name any member of the above -referenced bodies or City
employee believed by the applicant or owner to have a conflict of interest in the matter or the property
which is the subject of consideration or action. The applicant shall further state all information upon
which he bases the belief that a conflict of interest exists.
3. The applicant is not required to report an interest in property located within two hundred feet
(200') of the property that is the subject of consideration or action. (Amend Ord 00-104, 9/12/00)
B. The applicant and the owner shall file statements in those cases where the applicant does not own
the property which is the subject of consideration or action. (Amend Ord 93-06. 01/26/93)
Section 12.07 Ethics Review Commission
A. There shall be created an Ethics Review Commission (Commission). It shall have the duty and
power, unless otherwise provided, to rule upon the appropriate disposition of allegations of violations of
Section 12.02 of this Article.
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B. Members.
1. The City Council shall appoint a chairperson and eight (8) other members to the Ethics Review
Commission.
2. The Mayor and each member of the City Council shall nominate a member to the Commission.
These nominations shall be confined by majority vote of the City Council. The City Council should
appoint as members of the Commission persons of high integrity commensurate with the spirit of this
Code of Ethics.
3. Commission members shall be appointed to staggered terms with the terms of four (4) members to
expire June 1, 2002, and the terms of the chairperson and four (4) members to expire .tune 1. 2003.
Thereafter, all Commission members shah be appointed to two (2) year terms.
4. All members shall be residents of the City of Arlington. No member shall hold any City elected
office, be a candidate for any such office or hold any other City appointed office.
5. The chairperson of the Commission shall appoint three members of the Commission to serve on a
Commission panel to preside over preliminary hearings. The chairperson shall appoint a chairperson for
each panel and may rotate members of the Commission as necessary for the expeditious hearing of each
complaint.
6. Members of the Commission serve at the pleasure of the City Council and may be removed by a
majority vote of said Council.
C. Quorum: Meetings; Rules.
1. When the Commission is meeting as a whole, seven or more members of the Commission shall
constitute a quorum.
2. When a panel convenes to preside over a preliminary hearing, three members shall constitute a
quorum.
3. Every meeting or hearing of the Commission or a panel of the Commission shall be held in
accordance with Chapter 551 of the Texas Government Code.
4. The Commission may adopt, amend and rescind rules of procedure to carry out the provisions of
this Article. Such rules shall be consistent with this Article and other applicable law.
D. Duties. The Commission shall have the following duties:
To meet as often as necessary to fulfill its responsibilities;
2. To review, index, maintain on file, and dispose of sworn complaints;
3. To male findings of fact as necessary for the disposition of a complaint;
4. To make notifications, extend deadlines, and conduct investigations; and
5. Such other duties as are specifically granted by this Article.
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E. Staffing.
I. The Commission may request from the City Manager the appointment of such staff as is necessary
to carry out the duties of the Commission.
2. The Commission may be assigned staff by the City Attorney to assist in its duties.
3. When complaints are tiled against a City official other than a City Council member, independent
legal counsel may be utilized at the discretion of the City Attorney to advise the Commission and
participate in hearings. When a complaint is tiled against a City Council member. the City Attorney
shall engage independent legal counsel to advise the Commission. unless the City Attorney determines
there are no reasonable grounds to believe that a violation of Section 12.02 has occurred.
4. A City official may request the meaning or effect of any section, word or requirement of this
Article as it affects such official, and the City Attorney's Office shall thereupon confer with the City
official. (Amend Ord 01-074, 7/10/01)
Section 12.08 Disposition of Alleged_ Violations; He
A. Complaint Procedure.
I. Any resident of the City who believes there has been a violation of Section 12.02 may file a sworn
complaint, under the penalty of perjury, with the City Secretary.
2. The complaint shall:
a. Identify the person or persons who allegedly committed the violation:
b. Provide a sufficient statement of the facts which if true would constitute a prima facie violation of
Section 12.02;
c. Specify the subsection of Section 12.02 which is alleged to have been violated;
d. Identify sources of evidence, if any, that the complainant recommends should be considered by the
Commission; and
e. be filed on a form prescribed by the City Attorney's Office.
3. Not later than seven (7) working days after the City Secretary receives a sworn complaint, the City
Secretary shall acknowledge the receipt of the complaint to the complainant and provide a copy of the
complaint to the City Attorney, the Ethics Review Commission, the City Council and the person
complained against.
B. Review of Complaints by City Attorney.
I . Upon receipt of a complaint, the City Attorney shall review the complaint to determine whether the
complaint is sufficient as to form and whether the complaint alleges sufficient facts which if true would
constitute a prima facie violation of Section 12.02.
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2. If the City Attorney determines that the complaint is defective as to form or does not allege conduct
which would violate Section 12.02, the City Attorney shall notify the Commission, the complainant, the
City Council and the person complained against of such defect within seven (7) working days after
receipt of the complaint From the City Secretary.
3. The complaint shall be dismissed upon a finding by the City Attorney that the complaint is
insufficient and no further action shall be taken by the Commission.
4. Upon a finding by the City Attorney that a prima racie violation has been alleged. the complaint
shall be deemed a formally lodged complaint and a preliminary hearing shall be scheduled to be held
within twenty (20) working days.
C. Preliminary Hearing.
A panel consisting of three (3) Commission members shall preside over preliminary hearings.
2. The issue at a preliminary hearing shall be the existence of reasonable grounds to believe that a
violation of Section 12.02 has occurred.
3. 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.
4. 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.
5. The official may describe in narrative form the testimony and other evidence which would be
presented to disprove the alleged violation.
6. Members of the panel may question the complainant, complainant's designated representative, legal
counsel for the Commission or the City official named in the complaint in order to make the
determinations necessary for the preliminary hearing.
7. The City official named in the complaint shall have the opportunity to respond but is not required
to attend or make any statement.
8. The complainant and the City official named in the complaint shall have the right of representation
by counsel.
9. At the conclusion of the preliminary hearing, the panel shall decide whether a final hearing should
be held.
a. If the panel determines that there are reasonable grounds to believe that a violation of Section 12.02
has occurred, a final hearing shall be scheduled.
b. If the panel does not determine that there are reasonable grounds to believe that a violation of
Section 12.02 has occurred, the complaint shall be dismissed.
C. A decision to conduct a final hearing is not a finding that a violation has occurred.
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10. The panel, at any time during the preliminary hearing, may also dismiss a complaint if the
complaint does not allege conduct which would be a violation of Section 12.02.
11. The complainant, any member of the Commission, legal counsel for the Commission and the City
official named in the complaint may ask the panel at a preliminary hearing to request certain persons and
evidence for a final hearing. if one is scheduled.
D. Final hearing.
1. The Commission sitting as a whole will preside over all final hearings.
2. The issue at a final hearing shall be whether a violation of Section 12.02 has occurred.
3. A determination that a violation of Section 12.02 has occurred must be supported by clear and
convincing evidence. "Clear and convincing evidence" means that measure or degree of proof that
produces in a persods mind a fine belief or conviction as to the truth of the allegations sought to be
established.
4. All witnesses shall make their statements under oath.
5. If a complaint proceeds to a final hearing. the Commission may request witnesses to attend and
testify, administer oaths and aftinmations, take evidence and request the production of books, papers,
records or other evidence needed for the performance of the Commission's duties or exercise of its
powers, including its duties and powers of investigation.
6. If the Commission determines that a violation has occurred, it shall state its findings in writing,
shall identify the particular subsection(s) of Section 12.02 which have been violated, and within five (5)
working days shall deliver a copy of the findings to the complainant, if any, the person named in the
complaint, the City Secretary and the City Attorney.
7. The final hearing shall be held as expeditiously as possible following the determination by the
panel that there are reasonable grounds to believe that a violation of Section 12.02 has occurred, but in
no event, except if postponed as described below, shall it be held more than thirty (30) days after said
determination.
8. The Commission may grant two (2) postponements, not to exceed fifteen (15) days each, upon the
request of the City official named in the complaint.
E. Appeal to City Council,
1. Within fourteen (14) calendar days after the Commission has rendered a decision at the final
hearing, the person subject to the complaint may file with the City Secretary an appeal to the City
Council setting forth the basis for such appeal.
2. A hearing shall be scheduled before the City Council within 30 calendar days.
3. City Council review of a decision by the Ethics Commission shall not be by a de novo hearing
where facts are established; rather, the review shall be on the record that was before the Ethics
Commission.
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4. A transcript of the proceedings as well as all documentation before the Ethics Commission shall be
forwarded to the City Council for its review.
5. If at the hearing, the City Council determines that testimony is necessary for the proper disposition
of the matter. it may take such evidence.
F. Vote Required.
1. Commission Panel. A determination by a panel of the Commission that there are reasonable
grounds to believe that a violation of Section 12.02 has occurred shall require the affirmative vote of at
least two members of the panel.
2. Ethics Commission. A determination that a violation of Section 12.02 has occurred shall require
the affirmative vote of at least seven members of the Commission.
3. City Council. A determination on an appeal before the City Council shall require the affirmative
vote of/,I ofthe City Council. excluding a Council member who may be the subject of the complaint.
G. Prohibition of Ex Parte Communications. After a complaint has been tiled and during the
pendency of a complaint before the Commission. a panel of the Commission, or the City Council, a
member of the above respective bodies may not communicate directly or indirectly with the
complainant. the affected City official or any representative thereof about any issue of fact or law
regarding the complaint, except at a meeting of the respective body or through written statement or brief;
if requested by the Commission or City Council. A copy of any such written statement or brief shall be
promptly filed with the City Secretary and the City Attorney.
H. Legal Representation Relative to Section 12.02 Complaints.
I. A City official may employ a private attorney to provide representation before the Ethics
Commission and the City Council.
2. If a City official is found innocent of the alleged charges, the City shall reimburse the reasonable
legal fees and expenses incurred in defending a Section 12.02 complaint upon a finding by the City
Council that the public interest will be served. The City Attorney shall make a determination as to what
constitutes reasonable fees and expenses for the representation of the complaint.
1. Admission of Violation or Plea of No Contest.
I. On or before three (3) business days prior to the scheduled preliminary hearing, a City official
subject to an ethics complaint may file a waiver of the hearing process and a written admission or
written plea of "no contest" with the City Secretary.
2. The preliminary hearing shall be cancelled and a hearing before the entire Commission shall be
scheduled as expeditiously as possible, but in no event shall it be held more than thirty (30) days after
the filing of the admission and waiver.
3. At the hearing the City official may explain to the Commission any extenuating circumstances
relative to the ethics violation. If at the hearing, the Commission determines that additional testimony is
necessary for the proper disposition of the matter, the Commission may take evidence as it deems
appropriate.
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4. While the Commission shall consider the City official's explanation for the violation, the
Commission shall in its sole discretion render the sanction, if any, that it deems appropriate.
J. Disposition. If the Commission determines that a violation of Section 12.02 has occurred, it shall
deliver a copy of the findings to the complainant, the person named in the complaint, and the City
Council.
K. Sanctions. If the Commission determines that a violation has occurred, it may announce its
intention to impose or recommend the following sanctions. An appeal to the City Council will stay any
decision by the Ethics Commission. The Commission may not impose sanctions until the time period
for an appeal to the City Council has expired.
1. Letter of Notification. A letter of notification shall be the appropriate sanction when the violation
is clearly unintentional, or when the City official's conduct complained of was made in reasonable
reliance on an opinion of the City Attorney.
a. A letter of notification shall advise the City official to whom it is directed of any steps to be taken
to avoid future violations.
b. The Commission may direct a letter of notification to any City official covered by this Article.
2. Letter of Admonition. A letter of admonition shall be the appropriate sanction in those cases in
which the Commission finds that the violation is minor and/or may have been unintentional, but calls for
a more substantial response than a letter of notification. The Commission may admonish any City
official covered by this Article.
3. Reprimand. A reprimand shall be the appropriate sanction when the Commission finds that a
violation has been committed intentionally or through reckless disregard of this Article.
a. The Commission may reprimand any City official covered by this Article.
b. A reprimand directed to a City official shall also be sent to the City Council
4. Removal or Suspension From Office. To the extent allowed by the City Charter, a
recommendation of removal from office or, except in the case of an elected City official, a
recommendation of suspension from office, as well as a recommendation for length of suspension, shall
be the appropriate sanction when the Commission finds that a serious or repeated violation of this
Article has been committed intentionally or through reckless disregard of' this Article by a non -elected
City official.
a. A recommendation of removal from office or a recommendation of suspension from office for a
City official shall be transmitted to the City Council.
b. The final authority to carry out such recommendations to remove from office or suspend from
office and the length of the suspension shall be with the City Council.
5. Letter of Censure. A letter of censure shall be the appropriate sanction when the Commission finds
that a serious or repeated violation of this Article has been committed intentionally or through reckless
disregard of this Article by an elected City official.
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a. A letter of censure directed to an elected City official shall be transmitted to the City Secretary and
sent to the Citv Council.
b. The City Council may impose a letter of censure removing the City official from any or all Council
committee appointments upon an affirmative vote of the entire Council, excluding the affected City
official. (Amend Ord 01-074, 7/10/01)
Section 12.09 Definitions
For the purposes of this article:
"Affected" means reasonably likely to be subject to a direct economic effect or consequence. either
positive or negative, as a result of the vote or decision in question in the case of a person, entity or
property.
"City employee or employee" means City Manager, Deputy City Manager, City Attorney and all
department heads.
"City official or official" means the following:
The Mayor
Members of the City Council
Members of. -
Arlington Sports Facilities Development Authority, Inc.
Building Code Board of Appeals
Electrical Code Board of Appeals
Ethics Review Commission
Emergency Physicians Advisory Board
Health Authority
Hospital Authority
Industrial Development Corporation
Landmark Preservation Commission
License and Amortization Appeals Board
Mechanical and Plumbing Board of Appeals
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North Texas Higher Education Authority
Part: and Recreation Board
Planning and Zoning Commission
Zoning Board of Adjustment (Amend Ord 04-039, 5/11/04)
"Conflict of interest" means action upon any matter which would constitute a violation of this Code of
Ethics, Texas Penal Code or Texas Local Government Code, Chapter 171.
"Decision" means any ordinance, resolution. contract. franchise, fornial action or other matter voted on
by the City Council or other City board or commission, as listed in Section 12.09, the definition of "City
official or official." as well as the discussions or deliberations of the council. board or commission
which can or may lead to a vote or formal action by that body.
"Discretionary authority" means the power to exercise any judgment in a decision or action.
"Entity" means a sole proprietorship, partnership, limited partnership, firm, corporation, professional
corporation, holding company, joint stock company, joint venture. receivership, trust or any other entity
recognized by law through which business may be conducted.
"Immediate family member" means the spouse, parent. parent -in-law, brother, brother-in-law, sister,
sister-in-law, child, son-in-law or daughter-in-law or other person living in the same residential dwelling
unit of the City official.
"Ministerial act" means an act performed in a prescribed manner and not requiring the exercise of any
judgment or discretion.
"Person" means an individual, proprietorship, partnership, corporation, association or other legal entity.
"Substantial interest" means:
A. A person has a substantial interest in a business entity if:
1. The person owns ten percent (10%) or more of the voting stock or shares of the business entity or
owns either ten percent (10%) or more or Fifteen Thousand and No/l00 Dollars ($15,000.00) or more of
the fair market value of the business entity: or
2. Funds received by the person from the business entity exceed ten percent (10%) of the person's
gross income for either the current or previous year; or
3. the person is an employee of the business entity.
B. A person has a substantial interest in real property if the interest is an equitable or legal ownership
with a fair market value of Two Thousand Five Hundred and No/100 Dollars ($2,500.00) or more.
(Amend Ord 06-034, 4/4/06)
Disc!=finer.
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ARTICLE 1.12 CODE OF ETHICS
Sec. 1.12.001 Statement of Purpose.
Accepting a position as a public official and/or employee carries with it
the acceptance of trust that the official/employee will work to further the
public interest; maintaining that public trust is critical to the continued
operation of good Government. In addition, public decision -making should
be open and accessible to the public at -large. To preserve the public trust,
there are five principles to which public officials and/or employees should
adhere: (i) a public official and/or employee represent and work towards
the public interest and not towards private or personal interests, (ii) a
public official and/or employee should accept and maintain the public trust
to the degree that preserves and enhances the public's confidence in their
public officials and/or employees, (iii) a public official and/or employee
should exercise leadership in the form that consistently demonstrates
behavior that reflects the public's trust, (iv) a public official and/or
employee should recognize the proper role of all government bodies and
the relationships between various government bodies and (v) a public
official and/or employee should always demonstrate respect for others and
for other positions.
See.1.12.002 Definitions.
For the purpose of this Code of Ethics, the following words and phrases
shall have the meanings ascribed to them by this section.
Advisory Board shall mean a board, commission or committee of the City
that functions only in an advisory or study capacity.
Business Entity shall mean a sole proprietorship, partnership, firm,
corporation, association, holding company, jointstock company,
receivership, trust or any other entity recognized by law.
Employee shall mean any person employed by the City of Iowa Park,
including those individuals on a part-time basis, but such term shall not be
extended to apply to any independent contractor.
Knowingly shall mean a person acts knowingly, or with knowledge, with
respect to the nature of his/her conduct or to circumstances surrounding
his/her conduct when he/she is aware of the nature of his/her conduct or
that the circumstance exist. A person acts knowing or with knowledge,
with respect to a result of his/her conduct when he/she is aware that
his/her conduct is reasonably certain to cause the result.
Officer shall mean any member of the City Council, the Planning and
Zoning Commission, the Board of Adjustment, the governing bodies of
the Economic and Community Development Corporations and any
member of a board, commission, task force or committee established by
ordinance, resolution. charter or state law that has final approval authority
over any application, permit, license or other City approvals provided
however; no members of an advisory board shall be deemed an officer of
the City.
Substantial Interest shall mean:
A. A person has a substantial interest in the business entity if:
(1) the interest is ownership of ten percent (10%) or more of the voting
stock or shares of the business entity or ownership of either ten
percent (10%) or more or five thousand dollars ($5,000.00) or
more of fair market value of the business entity (see Section
171.002. Texas Local Government Code); or
(2) funds received by the person from the business entity exceed ten
percent (10%) of the persods gross income for the previous year
(see Section 171.002. Texas Local Government Code); or
(3) the person holds a position of member of the board of directors or
other governing board of the business entity; or
(4) the persons serves as an elected officer of the business entity; or
(5) the person is a employee of the business entity; or
(6) the person is a creditor, debtor or guarantor of the business entity
in the amount of five thousand dollars ($5,000.00) or more: or
(7) 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
five thousand dollars ($5,000.00) or more.
B. A person does not have a substantial interest in a business entity if:
(1) the person has been designated by the City Council to serve as a
member of the board of directors or other governing board of a
business entity; and
(2) the person receives no renumeration, either directly or indirectly,
for his/her service on such board; and
(3) the primary nature of the business entity is either charitable, non-
profit or governmental.
C. 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 two
thousand five hundred dollars ($2,500.00) or more (see Section
171.002, Texas Local Government Code).
D. A person has a substantial interest under this ordinance if the person's
spouse or a person related to the person in the first degree by
consanguinity or affinity has a substantial interest under this ordinance
(see Section 171.002, Texas Local Government Code). A person is
related in the first degree of consanguinity to his/her father, mother,
brother, sister, son or daughter. A person is related in the first degree
of affinity to his/her father-in-law, mother-in-law, brothers spouse,
sisters spouse, son-in-law or daughter-in-law.
Sec. 1.12.003 Standards of Conduct.
No councilor_ board member, officer or employee, directly or indirectly or
by others on his/her behalf or his/her request or suggestion, shall:
(a) engage in any private business, transaction or employment, or have
any substantial interest therein, which is incompatible or in conflict
with the proper and impartial discharge of his/her duties on behalf of
the City:
(b) represent any private party before the public body on which the
official sits or over which the official has appointment or budgetary
powers:
(c) disclose without authorization or use to further a personal interest,
confidential information acquired in the course of his/her official
duties;
(d) grant or influence the granting of any special consideration, advantage
or favor, to any person, group, firm or corporation, beyond that which
is the general practice to grant or make available to the public at -large;
(e) with the exception of occasional, non -pecuniary gifts, accept anything
of economic value such as money, service, gift, loan gratuity, favor or
promise thereof for the purpose and intent of which is to influence any
such councilor, board member, officer or employee of the City in the
exercise of his/her official judgment, power or authority;
(0 make personal use of staff, vehicles, equipment, materials or property
of the City except in the course of his/her official duties or as duly
authorized by the proper City councilor, board member, officer or
employee;
(g) participate in the appointment, vote for appointment or discussion of
any appointment of an immediate family member or business associate
or use his/her position, directly or indirectly, to effect the employment
status of an immediate family member or business associate to any
City office or position, paid or unpaid;
(h) receive or have any financial interest in any sale to the City of any real
estate when such financial interest was received under circumstances
which would lead a reasonable person to expect that the City intended
to purchase, condemn or lease said real estate.
Sec. 1.12.004 Ex-Parte Communications.
In any such quasi-judicial matter (e.g. personnel decisions, condemnation
proceedings, zoning rules, matters involving the issuance of a permit or
approval) or the award of a contract before the Council, Board,
Commission or Committee, a public councilor, board member or officer
sitting on such Council, Board, Commission or Committee, shall not.
outside of that Council. Board. Commission or Committee, communicate
with or accept a communication from a person for which there are
reasonable grounds for believing to be a party to the matter being
considered, if such communication is designed to influence the
councilor's, board member's or officer's action on that matter. If such
communication should occur, the councilor, board member or officer shall
disclose it at an open meeting of the Council. Board, Commission or
Committee prior to its consideration of the matter.
See. 1.12.005 Disclosure of Interest and Recusal Procedures.
Whenever a matter comes before the Council, Board, Commission or
Committee, as to which any conflict of interest standard, as prescribed in
Section 1.12.003 of this Code of Ethics, applies to one of its members, the
following provisions shall apply:
(a) A councilor, board member, officer or employee shall disclose the
existence of any substantial interest in a business entity or real
property involved in any decision pending before such councilor,
board member, officer or employee, or the body of which the
councilor, board member, officer or employee is a member. To comply
with this subsection, a councilor, board member or officer, prior to any
discussion or determination of the matter, either file an affidavit of
disclosure as required by Section 171.004 of the Texas Local
Government Code or, it not so required, shall publicly disclose in the
official records of the governing body or to the City Secretary, the
nature of the interest. To comply with this subsection, an employee of
the City shall notify his/her superior in writing of the nature of any
substantial interest he/she may have in a business entity or real
property that would be affected by an exercise of discretionary
authority by such employee and such superior shall assign the matter
to another employee.
(b) Following such disclosure, such councilor, board member or officer
shall not participate in any consideration, discussion or vote on the
matter before the Council, Board, Commission or Committee. If the
councilor, board member or officer wishes to address the issue at an
open public meeting, said councilor, board member or officer may
participate as a member of the public. During deliberation and vote on
the matter, the councilor, board member or officer may participate as a
member of the public. The councilor, board member or officer may
attend an executive session to discuss the matter at the invitation of the
Council, Board, Commission or Committee. if such attendance
complies with the statutory requirements of the Open Meetings Act.
(c) The councilor, board member or officer shall not, during any part of
the Council, Board, Commission or Committee meeting pertaining to
the matter requiring the disclosure, represent. advocate on behalf of or
otherwise act as the agent of the person or business entity in or with
which the councilor, board member or officer has such an interest or
relationship.
(d) The foregoing shall not be construed as prohibiting the councilor.
board member or officer from testifying as to factual matters at a
hearing of the City Council, the Planning and Zoning Commission, the
Board of Adjustment, either Boards of the Economic and Community
Development Corporations or any other board, commission or
committee.
See. 1.12.006 Advisory Opinions.
(a) Where any councilor, board member, officer or employee has a doubt
as to the applicability of any provision of this Code of Ethics to a
particular situation, or as to the definition of terms used herein, he/she
may apply to the City Attorney, by way of the City Manager, for an
advisory opinion. The councilor, board member, officer or employee
shall have the opportunity to present his/her interpretation of the facts
at issue and of the applicability of provisions of said Code of Ethics
before such advisory opinion is made.
(b) Until amended or revolved, any advisory opinion shall be binding on
the City, the City Council and the City Attorney in any subsequent
actions concerning the councilor, board member, officer or employee
who sought the opinion and acted on it in good faith, unless material
facts were omitted or misstated in the request for the advisory opinion.
Such opinion shall not be binding in any action initiated by any private
citizen.
Sec. 1.12.007 Reporting of Ethics violation.
(a) The City Council shall have the primary responsibility for the
enforcement of this Code of Ethics. Said Council may direct the City
Attorney to investigate or prosecute any apparent violation of this
Code or it may employ or appoint any qualified attorney to investigate
or prosecute any violation or series of violations of this Code by one or
more persons. At the direction of the City Council, the attorney shall
have the power to investigate any complaint, to initiate any suit and to
prosecute any action on behalf of the City where such action is
appropriate.
(b) Any person who believes that a violation of any portion of the Code of
Ethics has occurred, may file a complaint with the City Council who
may then proceed as provided in subsection (a) above however;
nothing in this Code shall be construed to prevent complainants from
instituting direct legal action through the appropriate judicial authority.
See. 1.12.008 City of Iowa Park Ethics Commission.
(a) If the City Attorney finds merit to the reported ethics violation and the
measure does not call for prosecution through civil or criminal court,
the Council may use an Ethics Commission to provide a
recommendation on the question if and what level of discipline should
be applied to the offending councilor, board member, officer or
employee.
(b) The City of Iowa Park Ethics Commission shall consist of five (5)
members, all of whom shall be citizens of the City of Iowa Park and
serve without compensation. The five -member Commission shall be
chosen by the City Council in a manner that ensures fair and unbiased
representation from members of the general public who have no
connection with the person under investigation nor with the facts. The
City Attorney shall furnish the Ethics Commission whatever legal
assistance necessary in carrying out its functions. The Ethics
Commission shall select one of its members as a chairperson and one
as a secretary; said secretary does not have to be one of the five
appointed Ethics Commission members.
(c) The Ethics Commission will report their recommendation for
disposition to the City Council.
(d) During all stages of any investigation or proceeding conducted under
this subsection, the person whose activities are under investigation
shall be entitled to be represented by counsel of his own choosing-
(e) The person under investigation or his representative shall have an
adequate opportunity to examine all documents and records to be used
at the hearing at a reasonable time before the date of the hearing as
well as doring the hearing, to bring witnesses, establish all pertinent
facts and circumstances and question or refute any testimony or
evidence.
(f) Upon conclusion of the hearing, the Ethics commission shall file its
recommendation within five (5) working days in writing signed by all
participating Commission members and refer the matter to the City
Council for its consideration.
Sec. 1.12.009 Penalties, Forfeited Position, Exemptions; Iniunctions.
(a) Except where otherwise provide by State law, it is not the intent of this
Code of Ethics that violations therefore be subject to criminal
penalties.
(b) Whenever the City Council has determined that any councilor, board
member, officer or employee has violated any provision of said Code
of Ethics, such councilor, board member, officer or employee shall be
subject to discipline.
(c) The City Council may apply levels of discipline to the councilor, board
member, officer or employee ranging from private consultation,
admonishment, censure and reprimand. The Council may also choose
to have the board member or officer forfeit their seat however; this
level of discipline can not be used on elected Council members.
(d) The City Council may exempt from provisions of this Code of Ethics
any conduct found to constitute a violation by a councilor, board
member, officer or employee if it finds that the enforcement of this
Code with respect to such conduct is not in the public interest.
(e) Any contract or transaction which was the subject of an official act or
action of the City in which there is an interest prohibited by this Code
or which involved the violation of a provision of this Code, shall be
voidable at the option of the City Council.
Sec. 1.12.010 Distribution of Code of Ethics.
The City Secretary shall cause a copy of this Code of Ethics to be
distributed to every councilor, board member, officer and employee of the
City within thirty (30) days after the enactment of said Code. Each
councilor, board member, officer and employee thereafter elected or
appointed shall be furnished a copy of said Code of Ethics before entering
upon the duties of his/her office or position and shall sign a written
statement acknowledging receipt of the copy of the Code of Ethics.
r'1t;u t ul
Chapter 38 CODE OF ETHICS*
*Cross references: Administration, ch. 2; administration of development code, ch. 300.
State law references: Conflicts of interest, V.T.C.A., Local Government Code § 171.001 et seq.
Article I. In General
Sec_ 38-1. Statement of purpose and principles of conduct.
Sec.38-2. Definitions.
Sec_ 38-3. Other ethical obligations_
Sec. 38-4. Dissemination of chapter.
Sec. 38-5. Expiration and. review.
Secs.38-6-38-30. Reserved.
Article II. Present City Officials and Employees
Sec 38-31. Improper economic benefit.
Sec 38-32. Unfair advancement of private interest.
Sec,38-33. Gifts,
Sec 38 34. Access to information. disclosure of confidential information.
Sec 38-35.. Representation of privale interest.
Sec 38 36. Conflicting outside employment
Sec 38 37. Public property and. resources:
Sec 38 38, Political activity,
Sec. 38-39- Actions of others.
_.... .
Sec 38-40. Prohibited interest in contracts.
Secs. 38-41-38-65. Reserved.
Article III. Former City Officials and Employees
Sec.38-66. Continuing_ confidentiality.
Sec 38-67. Subsequent representation.
Sec 38-68.. Discretionary contracts.
Secs.3B-69-38-95. Reserved.
Article IV. Identification of Persons Represented Before City
Sec 38-96. Appearance before city commission.. boards, commissions, and. other city bodies.
Sec. 38-97. Representation of others.
Secs.38-98-38-125. Reserved.
Article V. Ethics Violations
Sec 3B-126 Participation._
Secs.38-127-38-155. Reserved.
Article VI. Financial Disclosure
Sec 38-156 Financial disclosure report,
Sec 38 157 Short form annual report
Sec 38 158 Travel reporting requirements.
Sec 38 159 Items received on behalf of city_
Sec 38 160 Violation of reporting requirements.
Secs. 38-161-38-185. Reserved.
Article VIL Ethics Advisory Commission
Sec 38-186Creation and composition, officers.
Sec. 38-187, Terms of office.
Sec.38-188, Qualifications.
Sec. 38-189 Jurisdiction and powers.
Sec 38-190 Complaints.
Sec.38-191, Hearing procedures.
Sec. 38-192. Hearing rules.
Sec 38-193 Disposition of complaint.
Sec 38-194. Referral of matter for appropriate action; recommendation of sanctions.
Sec 38 195 Petition for declaratory ruling.
Sec 38-196 Legal counsel.
Sec 38 197 Opinions _issued by city attorney.
Sec 38 198 Annual report,
Secs.38-199-38-225. Reserved.
Article Vlll. Enforcement, Culpable Mental State and Penalties
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Sec. 38-226
3coue.
Sec, 38-227.
Culpable mental slate.
Sec. 38-228.
Disciplinary actiion.
Sec. 38-229
Prosecution for perjury.
Sec. 38-230.
Disqualification from contracting.
Sec. 38-231.
City attorney's action.
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ARTICLE I. IN GENERAL
Sec. 38-1. Statement of purpose and principles of conduct.
(a) Purpose. It is declared to be the policy of the city that the proper operation of
democratic government requires that:
(1) City officials and employees be independent, impartial, and responsible only
to the people of the city;
(2) Governmental decisions and policy be made using the proper procedures of
the governmental structure,
(3) No city official or employee have any financial interest, direct or indirect, or
engage in any business, transaction, or professional activity or incur any
obligation of any nature that is in conflict with the proper discharge of his duties in
the public interest;
(4) Public office not be used for personal gain; and
(5) The city commission at all times be maintained as a nonpartisan body.
(b) Principles of conduct. Principles of conduct are as follows-
(1) The city council further believes that an elected or appointed city official
assumes a public trust and should recognize the importance of high ethical
standards within the organization he leads or supports. Essential values and
ethical behaviors that an elected or appointed official should exemplify include
the following:
a. Commitment beyond self.
b. Obedience and commitment beyond the law.
c. Commitment to the public good.
d. Respect for the value and dignity of all individuals.
e. Accountability to the public.
f. Truthfulness.
g. Fairness.
h. Responsible application of resources.
(2) In keeping with the values set forth in subsection (b)(1) of this section and to
assist in the fulfillment of responsibilities to the individuals and communities
served, each elected or appointed official should subscribe to the principle to:
a. Conduct himself and operate with integrity and in a manner that
merits the trust and support of the public.
b. Uphold all applicable laws and regulations, going beyond the letter of
the law to protect and/or enhance the city's ability to accomplish its
mission.
c. Treat others with respect, doing for and to others what the official
would have done for and to himself in similar circumstances.
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d. Be a responsible steward of the taxpayer resources.
e. Take no actions that could benefit the official personally at the
unwarranted expense of the city, avoiding even the appearance of a
conflict of interest, and exercise prudence and good judgment at all times.
f. Carefully consider the public perception of personal and professional
actions and the effect such actions could have, positively or negatively,
on the city's reputation both in the community and elsewhere.
g. Strive for personal and professional growth to improve effectiveness
as an elected or appointed official.
(c) Applicability. To implement the policy and principles set forth in this section, the city
commission has determined that it is advisable to enact this code of ethics for all city
officials and employees, whether elected or appointed, paid or unpaid, advisory or
administrative, to serve not only as a guide for official conduct of the city's public
servants, but also as a basis for discipline for those who refuse to abide by its terms-
(d) Interpretation. This section is a statement of purpose and principles only. Nothing in
this section may be used to create a cause of action against an official or employee
under this chapter.
(Ord. No. 2001-1373, § 1(12 1/4-1), 6-26-2001)
Sec.38-2. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Accept. A person "accepts" an offer of employment or a business opportunity when the person
enters into a legally binding contract or any informal understanding that the parties expect to be carried
out.
Affect particularly an economic interest or affect particularly a substantial economic interest.
An action is likely to "affect particularly an economic interest" or "affect particularly a substantial
economic interest," whichever is applicable, if it is likely to have an effect on the particular interest that
is distinguishable from its effect on members of the public in general or on a substantial segment of the
public.
Affiliated. Business entities are "affiliated" if one is the parent or subsidiary of the other or if they
are subsidiaries of the same parent business entity.
Affinity means a relationship by "affinity" (by marriage) as defined in V.T.C.A., Government
Code §§ 573.024 and 573.025.
Before the city. Representation or appearance "before the city" means before:
(1) The city commission;
(2) A board, commission, or other city body or city entity; or
(3) A city official or employee.
Benefit means anything reasonably regarded as pecuniary gain or pecuniary advantage,
including a benefit to any other person in whose welfare the beneficiary has a direct and substantial
interest.
Business entity means a sole proprietorship, partnership, firm, corporation, holding company,
joint-stock company, receivership, trust, unincorporated association, or any other entity recognized by
law, except that the term does not include a governmental entity.
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City commission member and member of the city commission mean all members of the city
commission, including the mayor.
Client means as follows:
(1) The term "client" includes any specialized and highly personalized professional
business relationship of an individual official or employee. The term does not include a
regular or ordinary business or vendor relationship.
(2) If the official or employee does not personally represent the client but conducts
business as a member of a primary partnership or professional corporation or conducts
business through another entity, a client of the partnership, professional corporation, or
entity is deemed to be a client of the official or employee if:
a. The partnership, professional corporation, or entity derived two percent or
more of its annual gross income within the preceding 12 months from the client;
and
b. The city official or employee knows of the client's relationship.
Code of ethics and ethics code mean this chapter.
Confidential government information includes the following:
(1) All information held by the city that is not available to the public under the Texas
Public Information Act as amended;
(2) Any information from a meeting closed to the public pursuant to the Texas Open
Meetings Act; and
(3) Any information protected by attorney client, attorney work product, or other
applicable legal privilege.
Consanguinity means a relationship by "consanguinity" (by blood) as defined in V.T.C.A.,
Government Code §§ 573.022 and 573.023,
Department director means the head of any department or office, including an office under the
city manager, that is created by the city Charter or by ordinance of the city commission.
Discretionary contract means any contract other than one that by law must be awarded on a
competitive bid basis.
Domestic partner means an individual who, on a continuous basis, lives in the same household
and shares the common resources of life in a close, personal, intimate, committed relationship with a
city official or employee. A domestic partner may be of the same or opposite gender as the official or
employee and is not married to or related by blood to the official or employee.
Economic interest includes but is not limited to legal or equitable property interest in land,
chattels, and intangibles, and contractual rights, having more than the minimis value. Exceptions are as
follows:
(1) Service by a city official or employee as an officer, director, advisor, or otherwise
active participant in an educational, religious, charitable, fraternal, or civic organization
does not create for that city official or employee an economic interest in the property of
the organization.
(2) If a city official's primary source of employment is with a governmental entity other
than the city, such employment by the governmental entity does not create for that city
official an economic interest in the property or contracts of the governmental entity.
(3) Ownership of an interest in a mutual or common investment fund that holds
securities or other assets is not an economic interest in such securities or other assets
unless the person in question participates in the management of the fund.
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Employee and city employee mean any person listed on the city payroll as an employee,
whether part time, full time, permanent, or temporary.
Ex parte communication means any communication not made in a written document filed with
the ethics advisory commission and not made orally during a hearing, but does not include a
communication made pursuant to an inquiry duly authorized by the commission.
Former city official or employee means a person whose official duties as a city official or
employee are terminated on or after July 1, 2001.
Gift means a voluntary transfer of property, including the payment of money, or the conferral of
a benefit having pecuniary value, such as the rendition of services or the forbearance of collection on a
debt, unless consideration of equal or greater value is received by the donor.
Indirect ownership. A person has "indirect ownership" of an equity interest in a business entity
where the interest is held through a series of business entities, some of which own interest in others.
Knowingly or with knowledge. A person acts "knowingly" or "with knowledge" with respect to
the nature of his conduct or to circumstances surrounding his conduct when the person is aware of the
nature of the conduct or that the circumstances exist. A person acts "knowingly" or "with knowledge"
with respect to a result of his conduct when the person is aware that the conduct is reasonably certain
to cause the result.
Official and city official include the following persons:
(1) City commission members.
(2) Municipal judges.
(3) The city manager and all assistant city managers.
(4) The city auditor and the finance director.
(5) The city attorney and the assistant city attorney.
(6) The city secretary and the assistant city secretary.
(7) All department directors.
(8) Members of all boards, commissions, committees, and other bodies created by the
city commission pursuant to city ordinance or federal or state law, including bodies that
are only advisory in nature.
(9) Members of boards or entities appointed by the city commission that were not
created by the city commission.
Official action includes:
(1) Any affirmative act, including the making of a formal or informal recommendation,
that is within the scope of an official's or employee's duties; and
(2) Any failure to act, if the official or employee is under a duty to act.
Official information includes information gathered pursuant to the power of authority of city
government.
Partner includes any partner in a general partnership, limited partnership, or joint venture.
Personally participated. The requirement of having "personally participated" in a matter is met
only if the individual in fact exercised discretion relating to the matter. The fact that the person had
responsibility for a matter does not by itself establish that the person "personally participated" in the
matter.
Representation encompasses every form of communication or personal appearance in which a
person, not acting in performance of official duties, formally or informally serves as an advocate for
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private interest. Lobbying and service as an expert witness, even on an informal basis, are
forms of representation. The term "representation" does not include appearance as a fact witness in
litigation or other official proceedings.
Solicitation, of subsequent employment or a subsequent business opportunity, includes any
form of proposal or negotiation relating to employment or a business opportunity.
Substantial economic interest means as follows:
(1) A person has a "substantial economic interest" in a business entity if:
a. The person owns ten percent or more of the voting stock, shares, or other
ownership interest in the business entity or owns either ten percent or more of
$15,000.00 or more of the fair market value of the business entity; or
b. Funds received by the person from the business entity exceed ten percent of
the person's gross income for the previous year.
(2) A person has a "substantial economic interest" in real property if the interest is an
equitable or legal ownership with a fair market value of $2,500.00 or more.
(3) For purposes of determining a "substantial economic interest," ownership of an
interest in a mutual or common investment fund that holds securities or other assets
does not constitute direct or indirect ownership of such securities or other assets unless
the person in question participates in the management of the fund.
(Ord. No. 2001-1373, § 1(12 1/4-2), 6-26-2001)
Cross references: Definitions generally, § 1-2-
See. 38-3. Other ethical obligations.
(a) This chapter is cumulative of and supplemental to all applicable provisions of the
city Charter, other city ordinances, and state and federal laws and regulations.
Compliance with this chapter does not excuse or relieve any person from any obligation
imposed by the city Charter, other city ordinances, or state or federal laws or regulations.
However, in any conflict with any professional code of ethics in any application, the
professional code of ethics shall prevail over this chapter.
(b) Even if a city official or employee is not prohibited from taking official action by this
chapter, action may be prohibited by duly promulgated personnel rules.
(Ord. No. 2001-1373, § 1(12 1/4-41), 6-26-2001)
Sec. 38-4. Dissemination of chapter.
(a) Periodically, as appropriate, the city secretary shall provide a copy of this chapter to
every city official. The city manager, city attorney, city secretary, city auditor, and civil
service director shall provide a copy of this chapter to every city employee under each's
supervision. Within 30 days after entering upon the duties of his position, every new city
official or employee must be furnished with a copy of this chapter. Each city official and
employee shall acknowledge, in writing, the receipt of a copy of this chapter. Copies of
this chapter must be made readily available to the public.
(b) The failure of any person to receive a copy of this chapter will have no effect on that
person's duty to comply with this chapter or on the enforcement of this chapter.
(Ord. No. 2001-1373, § 1(12 1/4-42), 6-26-2001)
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Sec. 38-5. Expiration and review.
This chapter expires on July 1, 2005, unless reenacted, with or without amendment, prior to that
date. Not later than 90 days before this expiration date, the city commission shall consider whether this
chapter should be reenacted, amended, or allowed to expire.
(Ord. No. 2001-1373, § 1(12 1/4-43), 6-26-2001)
Secs.38-6--38-30. Reserved.
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ARTICLE 11. PRESENT CITY OFFICIALS AND EMPLOYEES*
*Cross references: Officers and employees, § 2-56 et seq.
Sec. 38-31. Improper economic benefit.
(a) Economic interest affected. To avoid the appearance and risk of impropriety, a city
official or employee shall not take an official action that he knows is likely to affect
particularly the economic interest of the following:
(1) The official or employee;
(2) The official's or employee's outside client;
(3) The official's or employee's outside employer;
(4) A business entity in which the official or employee knows that he hold an
economic interest;
(5) A business entity that the official or employee knows is an affiliated business
or partner of a business entity in which he holds an economic interest;
(6) A business entity for which the city official or employee serves as an officer
or director or in any other policy -making position; or
(7) A person or business entity:
a. From whom, within the past 12 months, the official or employee,
directly or indirectly, has:
1. Solicited an offer of employment;
2. Received and not rejected an offer of employment; or
3. Accepted an offer of employment; or
b. With whom the official or employee, directly or indirectly, is engaged
in negotiations pertaining to a business opportunity.
(b) Substantial economic interest effect. To avoid the appearance and risk of
impropriety, a city official or employee shall not take any official action that he knows is
likely to affect particularly the substantial economic interest of the following:
(1) The official's or employee's parent, child, spouse, or other family member
within the first degree of consanguinity or affinity;
(2) The official's or employee's domestic partner;
(3) An outside employer of the official's or employee's parent, child, spouse, or
other family member within the first degree of consanguinity or affinity or
domestic partner, but only if the official or employee knows the family member or
domestic partner has a substantial economic interest in the outside employer;
(4) A business entity in which the official or employee knows that a substantial
economic interest is held by his:
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a. Parent, child, spouse, or other family member within the first degree
of consanguinity or affinity; or
b. Domestic partner;
(5) A business entity that the official or employee knows is an affiliated business
or partner of a business entity in which a substantial economic interest is held by
his:
a. Parent, child, spouse, or other family member within the first degree
of consanguinity or affinity; or
b. Domestic partner; or
(6) A person or business entity:
a. From whom, within the past 12 months, the official's or employee's
spouse or domestic partner, directly or indirectly, has:
1. Solicited an offer of employment;
2. Received and not rejected an offer of employment; or
3. Accepted an offer of employment; or
b. With whom the official's or employee's spouse or domestic partner,
directly or indirectly, is engaged in negotiations pertaining to a business
opportunity.
(c) Recusal and disclosure. A city official or employee whose conduct or action on a
matter would violate subsection (a) or (b) of this section must recuse himself. From the
time that the conflict is recognized, the city official or employee shall:
(1) Immediately refrain from further participation in the matter, including
discussions with any person likely to consider the matter; and
(2) Promptly file with the city secretary a written statement disclosing the conflict
on a form provided by the city secretary.
(d) Additional recusal and disclosure requirements. In addition to the requirements of
subsection (c) of this section:
(1) A supervised employee shall promptly bring his conflict to the attention of a
supervisor, who will then, if necessary, reassign responsibility for handling the
matter to another person;
(2) The park and recreation director shall promptly bring his conflict to the
attention of the park and recreation board;
(3) The civil service director shall promptly bring his conflict to the attention of
the civil service commission;
(4) A municipal judge shall promptly bring his conflict to the attention of the
presiding municipal judge;
(5) The city manager, city attorney, city secretary, city auditor, finance director,
and presiding municipal judge shall promptly bring his conflict to the attention of
the city commission;
(6) A board or commission member shall promptly disclose his conflict to the
board or commission of which he is a member and shall not be present during
any discussion or voting on the matter; and
(7) A city commission member shall promptly disclose his conflict to the city
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commission and shall not be present during any discussion or voting on the
matter.
(e) Disclosure requirements relating to offers of employment. Whenever a city
employee who is a department director or of higher rank receives an offer of
employment from any person or business entity that the employee knows has an
economic interest in any discretionary contract with the city in which the employee
personally participated within the preceding 12 months, the employee shall immediately,
upon receiving the offer, disclose the offer, whether rejected or not, to the appropriate
supervisory person or body designated under subsection (d) of this section. Unless
recusal is required under subsection (c) of this section, the employee may continue to
personally participate, on the behalf of the city, in contracts and other matters in which
the person making the employment offer has an economic interest.
(f) Board of directors of reinvestment zone. Notwithstanding any other subsection of
this section, a member of a board of directors of a reinvestment zone established under
the Tax Increment Financing Act, as amended, may:
(1) Own property within that reinvestment zone; and
(2) Participate in discussions and voting on matters before the board of
directors that may directly or indirectly affect the member's property within the
reinvestment zone.
(Ord. No. 2001-1373. § 1(12 1/4-3), 6-26-2001)
Sec. 38-32. Unfair advancement of private interest.
(a) General rule. A city official or employee may not use his official position to unfairly
advance or impede personal interest by granting or securing or by attempting to grant or
secure, for any person including himself, any form of special consideration, treatment,
exemption, or advantage beyond that which is lawfully available to every other person or
organization.
(b) Special rules. The following special rules apply in addition to the general rule set
forth in subsection (a) of this section:
(1) Acquisition of interest in impending matters. A city official or employee shall
not acquire an interest in any matter if the official or employee knows that the
interest will be affected by impending official city action.
(2) Acquisition of interest in decided matter. A city official or employee shall not
acquire an interest in any matter affected by an official city action for a period of
one year after the date of the official action.
(3) Reciprocal favors. A city official or employee may not enter into an
agreement or understanding with any other person that official action by the
official or employee will be rewarded or reciprocated by the other person.
(4) Appointment or employment of relatives. Rules for appointment or
employment of relatives are as follow:
a. A city official or employee shall not appoint or take any action to
influence the appointment of his domestic partner or any relative within
the first degree of consanguinity or affinity to the ethics advisory
commission or to any quasijudicial board or commission within the city.
Any person who, before July 1, 2001, was appointed to a quasijudicial
board or commission within the city by a city official or employee who was
either a domestic partner or a relative within the first degree of
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consanguinity or affinity may:
1. Complete his term on the board or commission; and
2. Continue to be reappointed to that board or commission by the
domestic partner or relative until the maximum number of terms
allowed under applicable section of the city Code or Charter have
been served-
b. A city commission member shall not appoint any fellow city
commission member's domestic partner or relative within the first degree
of consanguinity or affinity to the ethics advisory commission or to any
quasijudicial board or commission within the city. Any person who, before
July 1, 2001, was appointed to a quasijudicial board or commission within
the city by a city commission member and who was either a domestic
partner or relative within the first degree of consanguinity or affinity of
another city commission member may:
1. Complete his term on the board or commission; and
2. Continue to be reappointed to that board or commission by
any city commission member until the maximum number of terms
allowed under an applicable section of the city Code or Charter
have been served.
c. A city official or employee shall not appoint or employ or take any
action to influence the appointment or employment of his domestic
partner or any relative within the first degree of consanguinity or affinity to
any position of employment within the city. Nothing in this subsection
prohibits any person who, before July 1, 2001, was lawfully appointed to
or employed in any position of employment with the city from continuing
to serve in that position of employment.
(5) Supervision of relatives. In addition to the nepotism restrictions of the city
Charter, no official or employee shall be permitted to be the immediate
supervisor of his domestic partner or of any relative within the second degree of
consanguinity or affinity.
(6) Fringe benefits. The general rule described in subsection (a) of this section
does not prohibit the city from granting fringe benefits to city employees as a part
of their contracts of employment or as an added incentive to securing or retaining
employees.
(c) Recusal and disclosure. A city official or employee whose conduct would violate
subsection (b)(4) of this section shall adhere to the recusal and disclosure requirements
in section 38-31(c) and (d).
(Ord. No. 2001-1373, § 1(12 1/4-4), 6-26-2001)
Sec.38-33. Gifts.
(a) General rule. A city official or employee shall not solicit, accept, or agree to accept
any gift or benefit that:
(1) Reasonably tends to influence or reward official conduct; or
(2) The official or employee knows is intended to influence or reward the
discharge of official duties.
(b) Gifts over $250.00. All city officials and employees required to file a financial
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disclosure statement under section 38-156 shall report all gifts over $250.00 in the
financial disclosure statement.
(c) Special applications. Subsections (a)(1) and (a)(2)of this section do not include the
following:
(1) Reimbursement of reasonable expenses for travel authorized in accordance
with city policies,-
(2) A public award or reward for meritorious service or professional
achievement, provided that the award or reward is reasonable in light of the
occasion;
(3) A loan from a lending institution made in its regular course of business on
the same terms generally available to the public;
(4) A scholarship or fellowship awarded on the same terms and based on the
same criteria applied to other applicants; or
(5) Admission to an event in which the city official or employee is participating in
connection with official duties.
(d) Campaign contribution exception. The general rule stated in subsection (a) of this
section does not apply to a campaign contribution received and reported in compliance
with the Texas Election Code.
(Ord. No. 2001-1373. § 1(12 1/4-5), 6-26-2001)
Sec. 38-34. Access to information; disclosure of confidential information.
(a) Improper access. A city official or employee shall not use his position to secure
official information about any person for any purpose other than the performance of
official responsibilities.
(b) Improper disclosure or use. A city official or employee shall not intentionally or
knowingly disclose any confidential government information gained by reason of the
official's or employee's position. This rule does not prohibit the following:
(1) Any disclosure that is no longer confidential government information;
(2) The confidential reporting of illegal or unethical conduct to authorities
designated by law; or
(3) Any disclosure, not otherwise prohibited by law, in furtherance of public
safety.
(Ord. No. 2001-1373, § 1(12 1/4-6), 6-26-2001)
Sec. 38-35. Representation of private interest.
(a) Representation by member of board, commission, or other city body. A city official
or employee who is a member of a board, commission, or other city body shall not
represent any person, group, or entity:
(1) Before that board, commission, body; or
(2) Unless the board, commission, or body of which the city official or employee
is a member is only advisory in nature;
(3) Before city staff having responsibility for making recommendations to or
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taking any action on behalf of that board, commission, or body; or
(4) Before a board, commission, or other city body that has appellate jurisdiction
over the board, commission, or body of which the city official or employee is a
member, in any issue related to the official's or employee's duties.
(b) Representation before the city. Rules for representation before the city are as
follow:
(1) General rule. A city official or employee shall not represent for
compensation any person, group, or entity, other than himself or his spouse,
minor children, or domestic partner, before the city. For purposes of this
subsection, the term "compensation" means money or any other thing of value
that is received or is to be received in return for or in connection with such
representation.
(2) Exceptions. The rule stated in subsection (b)(1) of this section does not
prohibit:
a. A person who is classified as a city official only because he is an
appointed member of a board, commission, or other city body from
representing for compensation a person, group, or entity before the city
unless such representation is a violation of subsection (a) of this section;
or
b. An employee who is a duly designated representative of an
association of municipal employees from representing that association
before the city if otherwise permissible under state law.
(3) Prestige of office and improper influence. In connection with the
representation of private interest before the city, a city official or employee shall
not:
a. Assert the prestige of the official's or employee's city position for the
purpose of advancing private interest; or
b. State or imply that he is able to influence city action on any basis
other than the merits.
(c) Representation in litigation adverse to city. Rules for representation in litigation
adverse to the city are as follow-
(1) Officials and employees other than board and commission members. A city
official or employee, other than a person who is classified as an official only
because he is an appointed member of a board, commission, or other city body,
shall not represent any person, group, or entity, other than himself or his spouse,
minor children, or domestic partner, in any litigation to which the city is a party, if
the interests of that person, group, or entity are adverse to the interests of the
city. This rule does not prohibit an employee who is a duly designated
representative of an association of municipal employees from such
representation if otherwise permissible under state law.
(2) Board and commission members. A person who is classified as a city
official only because he is an appointed member of a board, commission, or
other city body shall not represent any person, group, or entity, other than himself
or his spouse, minor children, or domestic partner, in any litigation to which the
city is a party, if the interests of that person, group, or entity are adverse to the
interest of the city and the matter is substantially related to the official's duties to
the city.
(3) Affiliates of officials and employees. Subject to applicable professional
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ethical standards, the restrictions stated in subsections (c)(1) and (c)(2) of this
section do not apply to representation by a partner or other affiliate of a city
official or employee so long as the city official or employee does not participate in
any manner whatsoever in the partner's of affiliate's representation.
(d) Representation in municipal court. No member of the city commission may engage
in the practice of law in or before the municipal courts of the city.
(Ord. No. 2001-1373, § 1(12 1/4-7), 6-26-2001)
Sec. 38-36. Conflicting outside employment.
(a) General rule. A city official or employee shall not:
(1) Solicit, accept, or engage in concurrent outside employment that could
reasonably be expected to impair independence of judgment in or faithful
performance of official duties; or
(2) Personally provide services for compensation, directly or indirectly, to a
person or organization that is requesting an approval, investigation, or
determination from the body or department of which the official or employee is a
member.
(b) Exception. The restriction in subsection (a) of this section does not apply to outside
employment of a city official if the employment is the official's primary source of income.
(c) Other rules. The general rule stated in subsection (a) of this section applies in
addition to all other rules relating to outside employment of city officials and employees,
including requirements for obtaining prior approval of outside employment as applicable.
(d) Public utility corporations. An employee of the city may accept employment from a
public utility corporation enjoying the grant of a franchise, privilege, or easement from
the city if:
(1) The employee is to perform the duties of a security guard for the public utility
corporation;
(2) The employment is approved by the employee's department head; and
(3) The employment does not conflict with his duties as an employee of the city.
(e) Effect of collective bargaining agreement. This section shall not be interpreted or
applied contrary to any provision of any collective bargaining agreement that is in effect.
(Ord. No. 2001-1373, § 1(12 114-8), 6-26-2001)
Sec. 38-37. Public property and resources.
A city official or employee shall not use, request, or permit the use of city facilities, personnel,
equipment, or supplies for private purposes, including political purposes, except:
(1) Pursuant to duly adopted city policies; or
(2) To the extent and according to the terms that those resources are generally
available to the public.
(Ord. No. 2001-1373, § 1(12 1/4-9), 6-26-2001)
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Sec. 38-38. Political activity.
(a) City officials. In any election, except his own, a city official shall not:
(1) Use the prestige of the city official's position with the city on behalf of a
candidate, political party, or political committee, except that a city official is not
prohibited from lending his name so long as the office held with the city is not
mentioned in connection with the endorsement;
(2) Serve as the designated campaign treasurer for a candidate under the
Texas Election Code; or
(3) Solicit or receive contributions for a candidate, political party, or political
committee, except that a city official is not prohibited from serving on a steering
committee to plan a program of solicitation and listing the members name
without reference to the office held when the committee as a whole is listed.
(b) Employees. A city employee immediately forfeits employment with the city if the
employee:
(1) Becomes elected and takes office to an elective public office where the
holding of that office will conflict with the full and proper discharge of the
employee's duties with the city; or
(2) Is a managerial or supervisory city employee and becomes elected and
takes office to an elective public office of an entity having direct or indirect
contractual relations with the city that involve the employee's department.
(c) Influencing subordinates. A city official or employee shall not, directly or indirectly,
induce or attempt to induce any city subordinate of the official or employee to:
(1) Participate in an election campaign, contribute to a candidate or political
committee, or engage in any other political activity relating to a particular party,
candidate, or issue; or
(2) Refrain from engaging in any lawful political activity.
A general statement merely encouraging another person to vote does not violate this
subsection.
(d) Paid campaigning. A city official or employee shall not directly or indirectly accept
anything of value for political activity relating to an item pending on the ballot, if the
official or employee participated in or provided advice relating to the exercise of
discretionary authority by a city body that contributed to the development of the ballot
item. The term "anything of value" does not include a meal or other item of nominal
value the city official or employee receives in return for providing information on an item
pending on the ballot.
(e) Official vehicles. A city official or employee shall not display or fail to remove
campaign materials on any city vehicle under his control.
(f) Elections. A city employee shall not use the prestige of his position with the city on
behalf of any candidate, political party, or political committee.
(g) Public property and resources. Limitations on the use of public property and
resources for political purposes are imposed by section 38-37.
(Ord. No. 2001-1373, § 1(12 1/4-10), 6-26-2001)
Sec. 38-39. Actions of others.
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(a) Violations by other persons. A city official or employee shall not knowingly assist or
induce or attempt to assist or induce any person to violate any section of this chapter.
(b) Using others to engage in forbidden conduct. A city official or employee shall not
violate any section of this chapter through the acts of another.
(Ord. No. 2001-1373, § 1(12 1/4-11), 6-26-2001)
Sec. 38-40. Prohibited interest in contracts.
(a) Policy. It is the policy of the city that a city official or employee may not have a
direct or indirect interest, including financial and other interests, or engage in a business
transaction or professional activity, or incur any obligation of any nature that is in
substantial conflict with the proper discharge of the officer's or employee's official duties
in the public interest. No city officer or employee should accept other employment or
compensation, or bid for contracts with the city, which could reasonably be expected to
impair his independence of judgment in the performance of his official duties.
(b) Charter restriction relating to financial interest in city contracts. A city official or
employee shall comply with the restrictions on financial interest in city contracts as set
forth in article V, section 4, of the city Charter.
(c) Additional restrictions relating to city contracts. An official or employee may not,
while in the service or employment of the city, either individually or as the officer or
principal of a private business entity:
(1) Submit a bid or proposal, on behalf of the official or employee or on behalf of
a private business entity, to make any city contract, whether or not the contract is
required by state law to be competitively bid.
(2) Negotiate or enter into any city contract, on behalf of the official or employee
or on behalf of a private business entity, whether or not the contract is required
by state law to be competitively bid.
(d) Exceptions. The restrictions contained in subsections (a) and (b) of this section do
not apply to a member of a board:
(1) That functions only in an advisory or study capacity and that does not have
the power to make findings as to the rights of specific parties; or
(2) Of a nonprofit development corporation that acts as an instrumentality of the
city.
(Ord. No. 2001-1373, § 1(12 1/4-12), 6-26-2001; Ord. No. 2001-1373-A, § 1, 1-8-2002)
Secs.38-41--38-65. Reserved.
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ARTICLE III. FORMER CITY OFFICIALS AND EMPLOYEES
Sec. 38-66. Continuing confidentiality.
A former city official or employee shall not use or disclose confidential government information
acquired during service as a city official or employee. This rule does not prohibit the following:
(1) Any disclosure that is no longer confidential government information;
(2) The confidential reporting of illegal or unethical conduct to authorities designated by
law; or
(3) Any disclosure, not otherwise prohibited by law, in furtherance of public safety.
(Ord. No. 2001-1373, § 1(12 1/4-13), 6-26-2001)
Sec. 38-67. Subsequent representation.
(a) Representation by former city commission member or former board or commission
member. A person who was a member of the city commission, a board or commission,
or another city body shall not represent any person, group, or entity, other than himself
or his spouse, minor children, or domestic partner, for a period of one year after the
termination of his official duties:
(1) Before the city commission of that board, commission, or body
(2) Unless the board, commission, or body of which the former city official or
employee was a member is only advisory in nature;
(3) Before city staff having responsibility for making recommendations to or
taking any action on behalf of the city commission or that board, commission, or
body; or
(4) Before a board, commission, or other city body that has appellate jurisdiction
over the board, commission, or body of which the former city official or employee
was a member, if any issue related to his former duties.
(b) Representation before city. A former city official or employee shall not represent for
compensation any person, group, or entity, other than himself or his spouse, minor
children, or domestic partner, before the city for a period of one year after termination of
his official duties where a matter is one in which the former city official or employee
personally participated prior to termination of his official duties or is a matter substantially
related to such a matter. This subsection does not apply to a person who was classified
as a city official only because he was an appointed member of a board, commission, or
other city body. For purposes of this subsection, the term "compensation" means money
or any other thing of value that is received or is to be received in return for or in
connection with such representation.
(c) Representation in litigation adverse to city. A former city official or employee shall
not, absent consent from the city, represent any person, group, or entity, other than
himself or his spouse, minor children, or domestic partner, in any litigation to which the
city is a party, if the interest of that person, group, or entity is adverse to the interest of
the city and the matter is one in which the former city official or employee personally
participated prior to termination of his official duties or is a matter substantially related to
such a matter.
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(d) Statement or implication of inappropriate influence. In connection with the
representation of private interest, a former city official or employee shall not state or
imply that he is able to influence city action on any basis other than the merits.
(Ord. No. 2001-1373, § 1(12 1/4-14), 6-26-2001)
Sec. 38-68. Discretionary contracts.
(a) Impermissible interest in discretionary contract or sale. Within one year after the
termination of official duties, a former city official or employee shall not have any
financial interest, direct or indirect, in any contract with the city or be financially
interested, directly or indirectly, in the sale to the city of any land, materials, supplies, or
service. Any violation of this subsection, with knowledge, express or implied, of the
person or corporation contracting with the city will render the contract involved voidable
by the city manager or the city commission. This subsection applies only to contracts or
sales made on a discretionary basis and not to contracts or sales made on a competitive
bid basis.
(b) Additional restrictions. A former city official or employee may not, within one year
after leaving the service or employment of the city, either individually or as the officer or
principal of a private business entity:
(1) Submit a proposal, on behalf of the official or employee or on behalf of a
private business entity, to make any city contract that is not required by state law
to be competitively bid; or
(2) Negotiate or enter into any city contract that is not required by state law to
be competitively bid.
(c) Prior participation in negotiation or award of contract and disclosure requirements.
A former city official or employee may not, within one year after the termination of official
duties, perform work on a compensated basis relating to a discretionary contract, if he
personally participated in the negotiation or awarding of the contract. A former city
official or employee, for one year after termination of official duties, must disclose to the
city secretary immediately upon knowing that he will perform work on a compensated
basis relating to any discretionary contract with the city.
(d) Exceptions. The prohibitions of subsections (a), (b), and (c) of this section do not
apply to the following:
(1) A contract for the personal or professional services of a former city official or
employee;
(2) A member of a board or commission that is only advisory in nature; or
(3) The provision of goods, facilitie
official or employee pursuant to duly
terms generally available to the public
(Ord. No. 2001-1373, § 1(12 1/4-15), 6-26-2001)
Secs.38-69--38-95. Reserved.
s, or services by the city to a former city
adopted city policies and on nonnegotiable
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ARTICLE IV. IDENTIFICATION OF PERSONS REPRESENTED BEFORE CITY
Sec. 38-96. Appearance before city commission, boards, commissions, and other city
bodies.
A person who appears before the city commission, a city board or commission, or any other city
body shall identify himself and give his business or residence address.
(Ord. No. 2001-1373, § 1(12 1/4-16), 6-26-2001)
Sec. 38-97. Representation of others.
A person who represents, orally or in writing, the interest of another person, other than his
spouse, minor children, or domestic partner, before the city commission, a city board or commission,
another city body, or a city official or employee shall disclose the identity of the person represented.
(Ord. No. 2001-1373, § 1(12 1/4-17), 6-26-2001)
Secs.38-98--38-125. Reserved-
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ARTICLE V. ETHICS VIOLATIONS
Sec.38-126. Participation.
No person shall intentionally or knowingly induce, attempt to induce, conspire with, aid or assist,
or attempt to aid or assist another person to engage in conduct violative of this chapter.
(Ord. No. 2001-1373, § 1(12 1/4-18), 6-26-2001)
Sees.38-127--38-155. Reserved.
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ARTICLE VI. FINANCIAL DISCLOSURE
Sec. 38-156. Financial disclosure report.
(a) Filing. The following persons shall file a financial disclosure report:
(1) City officials and designated city employees. Before initially accepting
appointment or assuming the duties of office and annually thereafter, the
following city officials and employees shall file with the city secretary a complete,
sworn financial disclosure report complying with subsection (b) of this section:
a. City commission members.
b. City -appointed members to the following boards, commissions, and
committees:
1. Board of adjustment and board of adjustment alternate
members.
2. Building inspection advisory, examining, and appeals board.
3. Business development corporation board.
4. City planning and zoning commission.
5. Civil service board and civil service board adjunct members.
6. Community development commission.
7. City airport advisory board.
8. Ethics advisory commission.
9. Housing finance corporation board.
10. Historical commission and historical commission alternate
member.
11. Park and recreation board.
12. Permit and license appeal board.
13. All reinvestment zone boards.
14. Urban rehabilitation standards board and urban rehabilitation
standards board alternates.
c. The city manager, city attorney, city auditor, finance director, and city
secretary, and their assistants.
(2) Candidates for city commission. A nonincumbent candidate for a place on
the city commission shall, within ten days from the date of filing as a candidate,
file with the city secretary a complete, sworn financial disclosure report complying
with subsection (b) of this section.
(b) Contents. The contents of the financial disclosure report shall be as follows:
(1) For purposes of this subsection:
a. Family member means a spouse, domestic partner, or dependent of
an official or employee required to file a financial disclosure report under
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subsection (a) of this section.
b. Reporting party means an official or employee filing a financial
disclosure report as required under subsection (a) of this section-
(2) Each financial disclosure report must be on a form provided by the city
secretary and must contain all of the following information:
a. Name of the reporting party.
b. Name of each family member of the reporting party.
c. Names under which the reporting party and his family members do
business.
d. Names of the employers of the reporting party and his family
members.
e. Identification of each source of income amounting to more than
$1,000.00 received in the preceding calendar year by the reporting party
or a family member.
f. Identification of each business entity, including self-employment in the
form of a sole proprietorship under a personal or assumed name, in which
the reporting party or a family member has an investment of more than
$1,000.00 at the fair market value at the time of the financial disclosure
report, which investment must be described in the financial disclosure
report.
g. Identification of each nonprofit entity or business entity in which the
reporting party or a family member is a partner, manager, director, officer,
or board member, or serves in any other policy -making position.
h. Identification of any business entity that the reporting party knows is a
partner, parent, or subsidiary business entity of a business entity owned,
operated, or managed by the reporting party or a family member.
i. Identification of any person or business entity from whom, within the
previous calendar year, the reporting party or his spouse or domestic
partner, directly or indirectly, has:
1. Received and not rejected an offer of employment; or
2. Accepted an offer of employment that is binding or expected
by the parties to be carried out.
j. Identification, by street address, legal, or lot -and -block description, of
all real property located within the state in which the reporting party or a
family member has a leasehold interest; a contractual right to purchase;
or an interest as fee simple owner, beneficial owner, partnership owner,
joint owner with an individual or corporation, or owner of more than 25
percent of a corporation that has title to the real property. The following
property is not required to be disclosed:
1. Property used as a personal residence of a peace officer.
2. Property over which the reporting party has no decision power
concerning acquisitions or sales.
3. Property held through a real estate investment trust, mutual
fund, or similar entity, unless the reporting party or a family
member participates in the management of the trust, fund, or
entity.
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k. Identification of persons or entities to whom the reporting party or a
family member owes an unsecured debt of more than $5,000,00, but not
including debts for the following:
1. Money borrowed from a relative within the second degree of
consanguinity or affinity; or
2. Revolving charge accounts.
I. Identification of all persons or entities who owe the reporting party or a
family member an unsecured debt of more than $5,000.00, but not
including debts owed by relative within the second degree of
consanguinity or affinity.
m. Identification of the source of each gift or accumulation of gifts from
one source of more than $250.00 in estimated fair market value received
by the reporting party or a family member or received by a person for the
use or benefit of the reporting party or a family member within the
preceding calendar year and the estimated fair market value of each gift.
This requirement does not include the following:
1. A gift received from a relative within the second degree of
consanguinity or affinity, if given on account of kinship, or from a
domestic partner, if given on account of personal relationship;
2. A gift received by will, by intestate succession, or as
distribution from an inter vivos or testamentary trust established by
a spouse, domestic partner, or ancestor;
3. Gifts received among and between fellow city officials and city
employees;
4. A lawful campaign or officeholder contribution reported as
required by V.T.C.A., Election Code ch. 254; and
5. Admission to an event in which the reporting party is
participating in connection with official duties.
(c) Open records. A financial disclosure report is an open record subject to the Texas
Public Information Act and must be maintained in accordance with the Local
Government Records Act.
(d) Annual filing date. An annual financial disclosure report filed by an official or
employee who is required to report must be received by the city secretary by 5:00 p.m.
on April 30. When the deadline falls on a Saturday of Sunday or on an official city
holiday as established by the city commission, the deadline for receipt by the city
secretary is extended to 5:00 p.m. of the next day that is not a Saturday, Sunday, or
official city holiday. The city secretary may for good cause grant an extension of time in
which to file a report upon written request submitted in advance of the deadline. The
extension may not exceed 15 days.
(e) Reporting periods. Each initial or annual financial disclosure report filed by an
individual designated in subsection (a)(1) of this section and each report filed by a
candidate for the city commission must disclose information relating to the prior calendar
year.
(f) City secretary. Duties of the city secretary are as follow:
(1) The city secretary shall:
a. Prior to January 15 of each year, notify all city officials and employees
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designated in subsection (a)(1) of this section of their obligation to file
financial disclosure reports and provide the officials and employees with
the appropriate forms to be completed;
b. Provide forms to all new city commissioner appointees and to persons
filing for election to the city commission, and advise them of reporting
requirements and deadlines;
c. Provide guidance and assistance on the reporting requirements for
persons required to file financial disclosure reports and develop common
standards, rules, and procedures for compliance with this article;
d. Review reports for completeness and timeliness;
e. Maintain filing, coding, and cross indexing systems to carry out the
purpose of this article and maintain a publicly available list of all persons
required to file a financial disclosure report;
f. Make the reports filed under this article available for public inspection
and copying at reasonable times; and
g. Upon determining that a person who is required to file a financial
disclosure report has failed to do so timely or has filed incomplete or
unresponsive information:
1. Notify the person by certified mail that failure to file or correct
the filing within 15 days after the original deadline is a violation of
this chapter; and
2. Publicly announce to the city commission the names of those
who have not timely or completely filed a financial disclosure
report and to whom the notification is being sent.
(2) The failure of the city secretary to provide any notification required by
subsection (f)(1) of this section does not bar appropriate remedial action, but may
be considered on the issue of culpability.
(g) Violations. In addition to other remedies and penalties set forth in this chapter, a
violation of this section is punishable as provided in section 1-13.
(Ord. No. 2001-1373, § 1(12 1/4-19), 6-26-2001)
Sec. 38-157. Short form annual report.
A person who is required to file an annual financial disclosure report may fulfill those filing
obligations by submitting a short sworn statement on a form provided by the city secretary, if there have
been no changes in the information disclosed by that person in a complete financial disclosure report
filed within the past five years. The short statement must indicate the date of the person's most recently
filed complete financial disclosure report and must state that there have been no changes in that
information.
(Ord. No. 2001-1373, § 1(12 1/4-20), 6-26-2001)
Sec. 38-158. Travel reporting requirements.
(a) Any person listed in subsection (d) of this section who, in connection with his official
duties, accepts a trip of excursion to a location greater than 50 miles from the city that
involves the gratuitous provision of transportation, accommodations, entertainment,
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meals, or refreshments paid for by a person other than a public agency must file with the
city secretary, except subordinates of the city manager, who shall file with the city
manager, before embarking on the travel, time permitting, or not more than seven days
after the travel is concluded a disclosure statement identifying the following:
(1) The name of the sponsor of the trip of excursion;
(2) The name of the person paying for the trip of excursion, if different from the
sponsor;
(3) The places to be visited; and
(4) The purpose and dates of the travel.
(b) The city manager shall, within ten working days after the travel is concluded, file
with the city secretary the information listed in subsection (a) of this section that has
been filed with the city manager's office by affected subordinates of the city manager.
(c) Nothing in this section authorizes personnel reporting to the city manager to violate
policies and procedures established by the city manager regarding travel request
authorizations.
(d) The following persons are required to report under this section:
(1) City commission members.
(2) The city manager, city attorney, city secretary, and city auditor, and their
assistants.
(3) Municipal judges.
(4) Members of boards and commissions.
(5) Assistant city managers.
(6) Department directors and their assistants, including the civil service director
and his assistants.
(Ord. No. 2001-1373, § 1(12 1/4-21), 6-26-2001)
Sec. 38-159. Items received on behalf of city.
A city official or employee who accepts on behalf of the city any item by way of gift or loan
valued over $250.00 shall, within 30 days after the acceptance of the gift or loan, report that fact and
deliver the item to the city manager, who shall have the item appropriately inventoried as city property.
(Ord. No. 2001-1373, § 1(12 1/4-22), 6-26-2001)
Sec. 38-160. Violation of reporting requirements.
Failure to timely file a report required under this article is a violation of this chapter, as is the
filing of a report with incorrect, misleading, or incomplete information.
(Ord. No. 2001-1373, § 1(12 1/4-23), 6-26-2001)
Secs.38-161--38-185. Reserved.
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ARTICLE VII. ETHICS ADVISORY COMMISSION*
*Cross references: Boards, committees, commissions, § 2-311 et seq.
Sec. 38-186. Creation and composition; officers.
(a) There is created the ethics advisory commission, to be composed of seven
members. Each member of the city commission shall have an appointment to the ethics
advisory commission.
(b) The members of the ethics advisory commission shall choose the chair and vice -
chair.
(Ord. No. 2001-1373, § 1(12 1/4-24(a)), 6-26-2001)
Sec. 38-187. Terms of office.
All members of the ethics advisory commission will be appointed for an initial term of one year
for a city commissioner whose term is up for election in 2003, and two years for a city commissioner
whose term is up for election in 2005. All subsequent appointments will be made on the fourth Tuesday
of May of each odd -numbered year for a two-year term beginning on the fourth Tuesday of May. All
members shall serve until their successors are appointed and qualified. The city commission shall
appoint and reappoint members to the ethics advisory commission in a manner that will provide the
commission with a mix of both existing members and new members.
(Ord. No. 2001-1373, § 1(12 1/4-24(b)), 6-26-2001)
Sec.38-188. Qualifications.
Each member of the ethics advisory commission shall meet the requirements of any applicable
section of the city Code or Charter, except as specifically provided otherwise in this article. Additionally,
no member of the commission may be:
(1) A city official or the spouse or domestic partner of a city official;
(2) A city employee or the spouse or domestic partner of a city employee;
(3) An elected public official;
(4) A candidate for elected public office;
(5) A person who, for compensation, represents the private interest of others before the
city commission; or
(6) A paid campaign worker or a political consultant of a current city commission
member.
(Ord. No. 2001-1373, § 1(12 1/4-24(c)), 6-26-2001)
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Sec. 38-189. Jurisdiction and powers.
(a) Jurisdiction. The ethics advisory commission shall have jurisdiction to review and
make findings concerning any alleged violation of this chapter by any person subject to
this chapter, including but not limited to current city officials and employees, former city
officials and employees terminated before July 1, 2001, and persons doing business with
the city, if a complaint is filed within one year after the date of the alleged violation. The
commission may not consider any alleged violation that occurred before July 1, 2001, or
more than one year before the date of the filing of a complaint-
(b) Termination of city official's or employee's duties. The termination of a city official's
or employee's duties does not affect the jurisdiction of the ethics advisory commission
with respect to alleged violations occurring prior to the termination of the official's or
employee's official duties.
(c) Powers. In addition to such other powers as are specifically granted in this chapter,
the ethics advisory commission has the power, only, to:
(1) Establish, amend, and rescind rules and procedures governing its own
internal organization and operations in a manner and form consistent with this
article.
(2) Meet as often as necessary to fulfill its responsibilities.
(3) Request from the city manager through the city commission the appointment
of such staff as is necessary to carry out the duties of the commission.
(4) Review, index, maintain on file, and dispose of sworn complaints.
(5) Make findings of fact as necessary for the disposition of a complaint.
(6) Make notifications, extend deadlines, and conduct investigations.
(Ord. No. 2001-1373, § 1(12 1/4-25), 6-26-2001)
Sec.38-190. Complaints.
(a) Filing. Any city resident or any person doing business or attempting to do business
with the city, other than an ethics advisory commission member, who believes there has
been a violation of this chapter may file a sworn complaint, under the penalty of perjury,
with the city secretary. The complaint must:
(1) Identify the person who allegedly committed the violation;
(2) Provide a statement of the facts on which the complaint is based;
(3) To the extent possible, identify the ethics section allegedly violated; and
(4) Identify sources of evidence, if any, that the complainant recommends
should be considered by the ethics advisory commission.
(b) Confidentiality. No city official or employee shall reveal information relating to the
filing or processing of a complaint, except as required for the performance of official
duties. Ex parte communications by or to members of the ethics advisory commission
are prohibited by section 38-191(c). All papers and communications relating to a
complaint must be treated as confidential to the extent allowed by law.
(c) Notification. The city secretary shall promptly forward a copy of a complaint to the
chair of the ethics advisory commission and to the person charged in the complaint. The
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person charged in the complaint shall have the opportunity to submit a sworn statement,
together with such other information he feels is relevant.
(d) False accusations and responses. The city secretary shall, in writing, advise the
person filing the complaint that falsely accusing someone of a violation of this chapter
may result in criminal prosecution of anyone who knowingly makes a false accusation.
The city secretary shall, in writing, advise the person charged in the complaint that
falsely responding to a complaint may result in criminal prosecution of anyone who
knowingly makes a false response.
(e) Summary dismissal. Procedures for summary dismissal of the complaint are as
follows:
(1) Within 21 days after receipt of a complaint, either the chair or vice -chair,
selected on a rotational basis, and two commission members, selected by lot by
the city secretary, shall make a preliminary finding as to whether the complaint
states a claim under this chapter and is supported by just cause. The term "just
cause" means such cause as is found to exist upon a reasonable inquiry that
would induce a reasonably intelligent and prudent person to believe that a person
has committed an act constituting an ethical violation under this chapter.
(2) If the preliminary finding is that the complaint does not state a claim under
this chapter or does not have just cause, based upon the statements and
evidence submitted, the complaint must be dismissed. A determination that a
complaint be dismissed can only be made upon the affirmative vote of at least
two of the three preliminary panel members. Written notice of the dismissal must
be sent to both the person who made the complaint and the person about whom
the complaint was made, identifying the reasons for dismissal.
(3) If the chair, the vice -chair, or both are unable to serve on a preliminary
panel, the appropriate number of ethics commission members shall be selected
by lot by the city secretary as substitutes on the panel. The preliminary panel
must always have three members.
(Ord. No. 2001-1373, § 1(12 1/4-26), 6-26-2001)
Sec. 38-191. Hearing procedures.
(a) Evidentiary hearing. If a complaint is not summarily dismissed under section 38-
190(e), it will be pursued further at a hearing before the ethics advisory commission. Not
less than ten days before the hearing, the ethics advisory commission shall, by certified
mail or personal service, give written notice of the hearing to both the person who made
the complaint and the person about whom the complaint was made. The notice must
state the specific section of this chapter alleged in the complaint to have been violated,
as determined by the preliminary panel.
(b) Notice of charges. Before the ethics advisory commission may find that a violation
of a particular section of this chapter occurred, the person charged in the complaint must
have notice that compliance with that section is in issue and shall be given an
opportunity to respond. Notice of the violation of a particular section is conclusively
established if:
(1) The complaint alleged that the section was violated; or
(2) The ethics advisory commission or its legal counsel provides the person
charged in the complaint with written notice of the alleged violation of the section
and with a ten-day period within which to respond in writing to the charge.
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(c) Ex parte communications. It is a violation of this chapter for:
(1) The complainant, the person charged in the complaint, or any person acting
on his behalf to engage or attempt to engage, directly or indirectly, in any ex
parte communication about the subject matter of a complaint with a member of
the ethics advisory commission; or
(2) A member of the ethics advisory commission to:
a. Knowingly entertain an ex parte communication prohibited by
subsection (c)(1) of this section; or
b. Knowingly communicate, directly or indirectly, with any person, other
than a member of the ethics advisory commission, its staff, or its legal
counsel, about any issue of fact or law relating to the complaint.
(Ord. No. 2001-1373, § 1(12 1/4-27), 6-26-2001)
Sec. 38-192. Hearing rules.
(a) Hearings on complaints. The rules contained in this section apply to all hearings of
the ethics advisory commission on complaints not summarily dismissed under section
38-190(e).
(b) General rules. A determination that a violation of this chapter has occurred can be
made only upon an affirmative vote of at least three -fifths of the members of the ethics
advisory commission present and voting; otherwise the complaint must be dismissed. A
finding that a violation occurred must be supported by clear and convincing evidence.
The term "clear and convincing evidence" means that measure or degree of proof that
produces in a person's mind a firm belief or conviction as to the truth of the allegations
sought to be established.
(c) Procedural rules. A quorum of four members of the ethics advisory commission
must be present for a hearing. Any member of the ethics advisory commission who is
not present at a hearing on a complaint may not participate in any discussion, voting, or
disposition regarding the complaint. All witnesses must be sworn, and the members of
the ethics advisory commission or its legal counsel shall conduct questioning of
witnesses. The ethics advisory commission is not bound by the rules of evidence and
may establish time limits and other rules relating to the participation of any person in the
hearing, subject to subsections (d) and (a) of this section.
(d) Rights of person charged. The person charged in the complaint has the right to
attend the hearing, the right to make a statement, the right to present and cross examine
witnesses, and the right to be represented by legal counsel or another advisor.
(e) Rights of complainant. The complainant has the right to attend the hearing, the
right to make a statement, and the right to be accompanied by legal counsel or another
advisor. The legal counsel or other advisor to the complainant may advise the
complainant during the course of the hearing, but may not speak on behalf of the
complainant, except to represent the complainant while testifying. The complainant may
not present or cross examine witnesses, except with the permission of the ethics
advisory commission.
(Ord. No. 2001-1373, § 1(12 1/4-28), 6-26-2001)
Sec. 38-193. Disposition of complaint.
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(a) Written decision. The ethics advisory commission shall make all reasonable efforts
to issue a written decision within 45 days after receipt of a complaint. The commission
shall state its findings in the written decision. The written decision must either:
(1) Dismiss the complaint, with the grounds for dismissal set forth in the
decision; or
(2) Find that there has been a violation of this chapter and identify in the
decision the particular section violated.
(b) Notification. Copies of the findings and decision must be forwarded to the
complainant, the person charged in the complaint, the city attorney, and any member of
the ethics advisory commission who did not participate in the disposition of the
complaint. A copy of the findings and decision must also be forwarded to the city
secretary, who shall make it available to the public as authorized by law.
(c) Similar charges barred. If the complaint is dismissed because the evidence failed to
establish a violation of this chapter, the ethics advisory commission shall not entertain
any other similar complaint based on substantially the same evidence.
(Ord. No. 2001-1373, § 1(12 1/4-29), 6-26-2001)
Sec. 38-194. Referral of matter for appropriate action; recommendation of sanctions.
(a) If the ethics advisory commission determines that a violation of this chapter has
occurred, it shall take the following actions:
(1) If the complaint involved a current employee under the jurisdiction of the city
manager, city attorney, city auditor, city secretary, or civil service director, the
matter will be referred, respectively, to the city manager, city attorney, city
auditor, city secretary or civil service director.
(2) If the complaint involved the civil service director, the matter will be referred,
respectively, to the civil service commission.
(3) If the complaint involved the city manager or city attorney, the matter will be
referred to the city commission.
(4) If the complaint involved a city commission member, a board or commission
member, a former city official, or a former city employee, the matter will be
referred to the city commission.
(b) When referring a matter under subsection (a) of this section, the ethics advisory
commission may recommend the following sanctions:
(1) Letter of notification. A letter of notification may be recommended when the
ethics advisory commission finds that a violation of this chapter was clearly
unintentional or when the action or conduct found to have been a violation of this
chapter was performed by the official or employee in reliance on a public written
opinion of the city attorney. A letter of notification must advise the official or
employee to whom the letter is directed of any steps to be taken to avoid future
violations.
(2) Letter of admonition. A letter of admonition may be recommended when the
ethics advisory commission finds that the violation of this chapter was minor
and/or may have been unintentional, but where the circumstances call for a more
substantial response than a letter of notification.
(3) Reprimand. A reprimand may be recommended when the ethics advisory
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commission finds that a violation of this chapter was committed intentionally or
through disregard of this chapter.
(4) Removal or suspension from office. Removal from office or suspension from
office may be recommended when the ethics advisory commission finds that a
serious or repeated violation of this chapter was committed intentionally or
through culpable disregard of this chapter. The ethics advisory commission may
include the length of any suspension in its recommendation.
(5) Miscellaneous. The commission may recommend any enforcement remedy
or penalty authorized under article Vill of this chapter.
(Ord. No. 2001-1373, § 1(12 1/4-30), 6-26-2001)
Sec. 38-195. Petition for declaratory ruling.
Any city official 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 city secretary affirming
his innocence and to request the ethics advisory commission to review the allegations and make known
its findings.
(Ord. No. 2001-1373, § 1(12 1/4-31), 6-26-2001)
Sec. 38-196. Legal counsel.
(a) City attorney's office. The city attorney's office shall act as the legal counsel to the
ethics advisory commission. Additionally, the city attorney's office shall:
(1) Issue advisory opinions to city officials and employees about the
requirements imposed by this chapter and other ethics laws; and
(2) Train and educate all city officials and employees with respect to their ethical
responsibilities.
(b) Outside legal counsel. An independent outside attorney, who does not otherwise
represent the city, may be appointed by the city commission, at the recommendation of
the city attorney, to serve as legal counsel to the ethics advisory commission for a
particular case whenever:
(1) A complaint is filed relating to:
a. an alleged violation of this chapter by a city commission member; or
b. An alleged violation of this chapter by a city employee who is a
department director or of higher rank;
(2) The ethics advisory commission requests such an appointment; or
(3) The city attorney requests such an appointment for good cause shown.
(Ord. No. 2001-1373, § 1(12 1/4-32), 6-26-2001)
Sec. 38-197. Opinions issued by city attorney.
(a) Requests by city officials and employees. By written request to the city attorney,
any city official or employee may request an advisory opinion regarding whether his own
proposed actions or conduct would violate this chapter. A department director may also
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make a written request to the city attorney for an advisory opinion regarding proposed
actions or conduct of his employees. The city attorney shall make all reasonable efforts
to issue a written advisory opinion within 30 days after receipt of the request. The city
attorney, for good cause shown, may decline to issue a written advisory opinion.
(b) Reliance. A person who reasonably and in good faith acts in accordance with a
written advisory opinion issued by the city attorney may not be found to have violated
this chapter by engaging in conduct approved in the advisory opinion, if:
(1) The person requested the issuance of the opinion;
(2) The request for an opinion fairly and accurately disclosed all relevant facts
necessary to render the opinion; and
(3) The person waives the attorney -client privilege with respect to the written
advisory opinion.
(c) Pending city attorney opinions. Whenever an advisory opinion from the city attorney
has been requested regarding the actions or conduct of an official or employee, no
action may be taken by the ethics advisory commission regarding those particular
actions or conduct until the city attorney issues the advisory opinion. Any time limits that
the ethics advisory commission is required to follow in processing an ethics complaint
regarding those particular actions or conduct will be extended to allow for the city
attorney to issue the advisory opinion.
(Ord. No. 2001-1373, § 1(12 1/4-33), 6-26-2001)
Sec. 38-198. Annual report.
The ethics advisory commission shall prepare and submit an annual report to the city
commission detailing the activities of the ethics advisory commission during the prior year. The format
for the report must be designed to maximize public and private understanding of the ethics advisory
commission's operations. The report may recommend changes to the text or administration of this
chapter. The city secretary shall take reasonable steps to ensure wide dissemination and availability of
the annual report of the ethics advisory commission.
(Ord. No. 2001-1373, § 1(12 1/4-34), 6-26-2001)
Secs.38-199--38-225. Reserved.
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ARTICLE Vill. ENFORCEMENT, CULPABLE MENTAL STATE AND PENALTIES
Sec.38-226. Scope.
The remedies contained in this article are available whenever the ethics advisory commission
finds a violation of this chapter.
(Ord. No. 2001-1373, § 1(12 1/4-35), 6-26-2001)
Sec. 38-227. Culpable mental state.
To commit a violation under any section of this chapter, a person must have acted or failed to
act knowingly or with knowledge.
(Ord. No. 2001-1373, § 1(12 1/4-36), 6-26-2001)
Sec. 38-228. Disciplinary action.
(a) An employee who fails to comply with this chapter or who violates this chapter may
be disciplined in accordance with city personnel rules and procedures. Where no specific
appeal procedure is otherwise prescribed, an appeal by an employee will be to the trial
board.
(b) If a city commission member fails to comply with this chapter or violates this
chapter, the matter must be decided by the city commission in accordance with the city
Charter.
(c) If a member of a board or commission fails to comply with this chapter or violates
this chapter, the matter must be decided by the city commission in accordance with the
city Charter.
(Ord. No. 2001-1373, § 1(12 1/4-37), 6-26-2001)
Sec. 38-229. Prosecution for perjury.
Any person who knowingly files a false sworn statement under this chapter is subject to criminal
prosecution for perjury under the state laws.
(Ord. No. 2001-1373, § 1(12 1/4-38), 6-26-2001)
Sec. 38-230. Disqualification from contracting.
(a) Any person who has been found by the ethics advisory commission to have
intentionally or knowingly violated any section of this chapter may be prohibited by the
city commission from entering into any contract with the city for a period of two years.
(b) It is a violation of this chapter:
(1) For a person debarred from entering into a contract with the city to enter or
attempt to enter into a contract with the city during the period of disqualification
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from contracting; or
(2) For a city official or employee to knowingly assist in a violation of subsection
(b)(1) of this section-
(c) Nothing in this section prohibits any person from receiving a city service or benefit
or from using a city facility according to the same terms generally available to the public.
(d) A business entity may be disqualified from contracting with the city based on the
conduct of the entity's employee or agent, if the conduct occurred within the scope of
employment or agency with the entity.
(Ord. No. 2001-1373, § 1(12 1/4-39), 6-26-2001)
Sec. 38-231. City attorney's action.
If the city commission determines that a person has violated this chapter, the city commission
may direct the city attorney to initiate whatever legal action is necessary, including but not limited to
injunctive relief.
(Ord. No. 2001-1373, § 1(12 1/4-40), 6-26-2001)
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DIVIISION 3. ETHICS POLICY-
*Editor's note: An amendment dated November 10, 2003, enacted new provisions to be designated
as §§ 107-1--107-17. In order to maintain the alpha numeric style of the Code, said provisions have
been redesignated as §§ 2-151--2-160.7. Original section designation has been maintained in the
history notes following the sections.
Sec.2-151. Policy.
It is hereby declared to be the policy of the city that the proper operation of democratic
government requires that public officers and employees be independent, impartial and responsible only
to the people of the city; that no officers, employees or members of any standing committee or board
shall permit any interest, financial or otherwise, direct or indirect, or engagement in any business,
transaction or professional activity to conflict with the proper discharge of their duties in the public
interest, that public office not be used for illegal or improper personal gain; and that the city council at
all times shall be maintained as a nonpartisan body. To implement such a policy, the city council deems
it advisable to enact a standard of conduct for all officers and employees, whether elected or appointed,
paid or unpaid, to serve not only as a guide for official conduct of the city's public servants, but also as
a basis for discipline for those who refuse to abide by its terms, the overriding interest being that
officers and employees of the city shall at all times strive to avoid even the appearance of impropriety.
The city further recognizes that public servants are also members of society and, therefore,
cannot and should not be without any personal and economic interest in the decisions and policies of
government; that public servants retain their rights as citizens to interests of a personal or economic
nature, and their rights to publicly express their views on matters of general public interest. It is not the
intent of this article to thwart the opportunity of public servants to enjoy their rights as citizens of the
community.
(Amend. of 11-10-03, § 107-1)
Sec.2-152. Purpose.
The purpose of this division is to:
(1) Encourage the highest ethical standards by city officers and employees in
conducting official business;
(2) Establish minimum guidelines for ethical standards of conduct to be followed by city
officers and employees, and
(3) Provide a mechanism for punishment of those officers and employees who violate
the established standard of conduct.
(Amend. of 11-10-03, § 107-2)
See.2-153. Definitions.
The following words, terms, and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Business entity means a sole proprietorship, partnership, firm, corporation, holding company,
joint-stock company, receivership trust, or any other entity recognized by law.
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City council or councilmember means the elected legislative and governing body of the city
consisting of the mayor, mayor pro tem and councilmembers.
Employee means any person employed by the city including part-time and temporary
employees.
Immediate family member means an individual's parents, spouse, children, brothers or sisters,
including those family members related solely by marriage (Le. "step" -family members and In-laws) or
by adoption.
Officer means any appointive member of a city board, commission, or committee set up by city
council action, ordinance, charter, state law, or federal law on a permanent or ad hoc basis.
Substantial financial interest includes any circumstance where the individual or an immediate
family member of such individual owns or holds in excess of one percent of the beneficial interest of
any corporation, partnership, proprietorship, parcel of realty or personal property, or where the
individual or an immediate family member of such individual derives more than one percent of their
gross annual income from a particular source.
(Amend. of 11-10-03, § 107-3)
Sec. 2-154. Prohibition against gifts.
(1) Councilmembers, officers and employees of the city shall not accept or solicit any gift,
favor, or service from any person or business entity doing business with the city that might
reasonably tend to influence councilmembers, officers or employees in the discharge of their
official duties or grant any improper favor, service or thing of value.
(2) Several factors are considered in evaluating whether a gift is prohibited including the value
of the gift, any preexisting relationship between the donor and donee, whether the benefit of the
gift flows to the city or to an individual city officer or employee and whether any consideration is
given in exchange for the gift. Those items or services that do not constitute prohibited gifts
include, but are not limited to, the following:
(a) Political contributions made and reported in accordance with state law;
(b) Awards publicly presented in recognition of public service;
(c) Entertainment, meals or refreshments furnished in connection with public events,
appearances or ceremonies related to official city business, if furnished by the sponsor
of such public event.
(3) Any item offered to a councilmember, officer or employee of the city may be donated to a
charitable organization or be presented to the city.
(Amend. of 11-10-03, § 107-4)
Sec. 2-155. Personal financial interest.
Councilmembers, officers and employees of the city shall not participate in a vote or decision on
any matter in which they have a substantial financial interest, unless the matter is a routine budgetary
matter not directed solely at the source of the substantial financial interest.
(Amend. of 11-10-03, § 107-5)
Sec. 2-166. Confidential information.
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Councilmembers, officers and employees of the city shall not disclose information that could
adversely affect the property, government, or affairs of the city; nor directly or indirectly use any
information gained solely by reason of their official position or employment for their own personal gain
or benefit or for the private interest of others.
(Amend. of 11-10-03, § 107-6)
Sec. 2-157. Use of city property.
Councilmembers, officers and employees of the city shall not use city supplies, equipment or
facilities for any purpose other than to conduct official city business, unless otherwise provided for by
law, ordinance or city policy.
(Amend. of 11-10-03, § 107-7)
Sec. 2-158. Additional standards of conduct --City employees.
(1) Outside employment.
(a) Policy. This provision does not prevent city employees from accepting other
employment or following any pursuit which in no way interferes with the full and faithful
discharge of their public duties, provided that the employee complies with all applicable
city requirements.
(b) Purpose. The purpose of this provision is to prevent conflicts of interest, conflicts of
loyalty, and loss of efficiency at work.
(c) General rule. City employees shall not accept any employment nor enter into any
contract that results in a conflict of interest with their duties as a public servant of the
city. Employees may be self-employed or take occasional or part-time jobs if, in the
opinion of the city manager, there is no conflict with working hours, employees' efficiency
in their city work, or other interests of the city. City employment shall remain the first
priority and if at any time the outside employment interferes with employees' job
requirements or performance for the city, employees shall be required to modify the
conditions of the outside employment or terminate either the off -duty employment or
their city employment.
(d) Disclosure. Before engaging in off -duty employment, employees must have the
written approval of their department head. The department head shall seek initial
approval from the city manager before authorizing the outside employment. All
notifications of outside employment shall state the type and place of employment, the
hours of work and be placed in the employee's personnel file.
(2) Political activity.
(a) Policy. The general prohibition contained in this provision is intended to protect the
integrity of the municipal election process and applies only to municipal elections that
are administered by the city. This provision is not intended to limit the political
involvement of a city employee in county, state or national elections.
(b) General rule. No employee shall solicit or receive any contribution to the campaign
funds of any candidate for municipal office or take any part in the management, affairs,
or political campaign of any municipal candidate. The following list of activities are the
only activities permitted:
1. The placement of campaign signs on premises owned by the city employee.
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2. The placement of bumper stickers on personal vehicles, except those
vehicles supported in whole or in part by a car allowance provided by the city.
3. Attendance at a political rally or function for a city council candidate, so long
as the city employee does not actively participate in the rally or function.
(Amend. of 11-10-03, § 107-8)
Sec.2-159. Same --Officers.
Appearance by officers. No current board or commission members shall personally appear on
their own financial behalf before the board or commission upon which they serve, but may designate
and be represented by a person of their choice in any such personal business matter.
(Amend. of 11-10-03, § 107-9)
Sec. 2-160. Same --City council.
(1) Nonprofit board membership. While membership is encouraged, a councilmember who
serves on the board of a public or private nonprofit organization shall have a voice but no vote
on any funding request or contract by that organization, unless the organization has a board of
directors or trustees appointed in whole or in part by the city council.
(2) Appearance by councilmember. No current members of council shall personally appear on
their own financial behalf before the city council, any city board, commission or committee but
may designate apd be represented by a person of their choice in any such personal business
matter. This prohibition does not apply where councilmembers seek reimbursement from the
city for authorized expenses relating to councilmembers' official business or where
councilmembers appear before the ethics commission in their own behalf.
(3) Conflicts of interest. Members of city council who have a substantial interest in a business
entity or in real property that is proposed for city council action shall file an affidavit of disclosure
provided by the city secretary prior to the vote and abstain from voting on such matters in
accordance with V.T.C.A., Local Government Code Ch. 171.
(Amend. of 11-10-03, § 107-10)
Sec. 2-160.1. Creation of ethics commission.
(1) Created. An ethics commission shall be created and consist of nine members. After taking
office, each member of the city council will appoint a resident of that councilmember's district to
the commission, and that individual's term in office will run concurrent with the term of the city
councilmember who made the appointment. Members of the commission may not hold, or be a
candidate for, any city elected or appointed office at the time of their service on the
commission.
(2) Commission vacancies. All vacancies shall be filled for the unexpired terms by the
councilmember for whose district the member was appointed. Members shall hold office until
their successors have been appointed and shall continue to hold office after their successors
have been appointed for the limited purpose of disposing of all complaints filed and unresolved
during the member's term. No member may participate in a decision regarding a complaint
initiated prior to their appointment.
(3) Removal of commission members. In addition to the city council's usual powers of
removal, members of the commission may be removed by a majority vote of the city council for
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cause.
(4) Officers/quorum. The commission shall elect a chairperson, vice chairperson and secretary
at its June annual meeting. The vice chairperson shall act as chairperson in the absence of the
chairperson or in the event of a vacancy in that position. The officers shall serve one-year
terms. A majority of the members of the commission shall constitute a quorum.
(5) Meetings. The commission shall meet when necessary to carry out its responsibilities, but
in any event the commission shall hold an annual meeting during the month of June to elect
officers. The chairperson or three members may call a meeting provided that reasonable notice
is given to each member. Notice of all commission meetings shall be posted pursuant to the
Texas Open Meetings Act.
(Amend. of 11-10-03, § 107-11; Res. No. 08R-59, 5-10-08)
Sec. 2-160.2. Role of the commission.
The ethics commission shall have jurisdiction of complaints involving the city council, city
officers and city employees appointed by the city council. The city manager shall have jurisdiction of
complaints involving city employees other than those city employees appointed by city council.
(Amend. of 11-10-03, § 107-12)
Sec. 2-160.3. Duties of the commission.
(1) The commission shall:
(a) Make recommendations to the city council concerning matters relating to the
standard of conduct.
(b) Preserve and maintain the confidentiality of any documentation filed with the
commission for a period of five years after a finding has been rendered at which time
such documents shall be destroyed.
(c) Review and investigate complaints when presented and issue a written finding of
the commission's determination when appropriate.
(2) The commission may:
(a) Prepare reports and make recommendations to the city council regarding ethical
issues affecting the city.
(b) Seek any necessary assistance from the city council and city manager regarding
financial support needed to carry out the commission's duties.
(c) Adopt rules of procedure for carrying out the provisions of the standard of conduct.
(Amend. of 11-10-03, § 107-13)
Sec. 2-160.4. Role of the city attorney.
(1) The city attorney shall serve as legal counsel and staff liaison to the ethics commission.
When complaints are filed relating to the mayor, city councilmembers, city manager, city
attorney, city prosecutor or municipal court judge, independent counsel may be utilized to
advise the commission and take part in hearings.
(2) The city attorney shall serve as ethics advisor to city employees and officers. As ethics
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advisor, the city attorney is available to respond confidentially to inquiries related to the ethics
ordinance.
(3) The city attorney shall receive all sworn complaints and conduct a preliminary analysis and
review of the complaint. The city attorney shall forward an initial legal review and
recommendation to the commission for action. If a complainant alleges a violation by the city
attorney, the complaint must be filed with the chairperson of the ethics commission, with a copy
to the mayor and the city manager.
(Amend. of 11-10-03, § 107-14)
Sec.2-160.5. Complaints.
(1) All complaints alleging a violation of the standard of conduct must be submitted on a form
prescribed by the city council, signed under oath and shall cite the provision of the standard of
conduct allegedly violated and the facts supporting the alleged violation.
(2) Complaints and any evidence collected during the investigation of the alleged violation shall
be kept confidential by the commission-
(3) Any complaint alleging a violation of the standard of conduct is to be filed with the city
attorney within six months of the date on which the complainant knew of or should have known
of the alleged violation.
(4) No later than ten business days after receipt of the complaint, the city attorney shall
acknowledge receipt of the complaint in writing to the complainant and provide a copy to the
commission and the accused party by certified mail. The accused party shall have 14 business
days from receipt of the notice to submit a sworn written response to the complaint to the city
attorney. The city attorney shall conduct a preliminary investigation and review of the facts to
determine whether there is a legal basis for the claim and submit a preliminary analysis and
recommendation to the commission. No later than 30 business days after receipt of the
complaint by the city attorney, the commission shall notify the complainant and the accused
party in writing if the commission intended to schedule a hearing or take other action concerning
the complaint.
(5) The recovery of the reasonable legal fees incurred by the accused party shall be paid by
the complainant if the commission determines that the complaint was groundless and 1) in bad
faith or 2) brought for the purpose of harassment.
(Amend. of 11-10-03, § 107-15)
Sec.2-160.6. Hearings.
(1) If the commission and the accused party are unable to negotiate a resolution of the matter,
the accused party may request either a closed or open hearing and may have counsel present.
The hearing shall be held as expeditiously as possible, but in any event no later than 90 days
from the date the complaint was received.
(2) The issue at the formal hearing shall be whether the violation alleged in the complaint
occurred. The commission shall make its decision based on clear and convincing evidence
presented during the hearing. If the commission determines that a violation has occurred, it shall
state its findings in writing, identify the particular provisions which have been violated and
deliver a copy to the complainant, the accused party and the city council within five business
days.
(Amend. of 11-10-03, § 107-16)
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Sec.2-160.7. Sanctions.
(1) If the commission determines that a city officer or employee appointed by the city council
has violated the standard of conduct, it shall declare its findings along with any recommended
sanctions in a report to the city council. An affirmative vote of a majority of the members of the
commission holding office and qualified to vote shall be required for the determination that a
violation has occurred and to recommend any sanction under this standard of conduct.
(2) If the commission determines that a board member or city official has violated the standard
of conduct, it may recommend a private or public reprimand, temporary suspension, removal
from office or any other sanction or corrective action within the power of the city council.
(3) In arriving at its recommendation, the commission shall consider the seriousness of the
violation, the importance of deterrence, the impact on public confidence in government, the
number of times the violation occurred, the mental state with which the violation was committed
and any previous violations committed by the accused party.
(4) If the commission determines that the conduct occurred, but the facts indicate that the
violation was unintentional or de minimus, the commission may recommend that the complaint
be dismissed and no sanction imposed. The commission may issue a clarifying opinion to help
guide future cases.
(5) The city council shall consider the recommendation of the commission and exercise its own
judgment and discretion in determining what action, if any, to take relating to the alleged
violation.
(6) If the commission determines that a member of city council has violated the standard of
conduct, the commission will have the final determination in such cases. In addition to declaring
its findings, the commission may reprimand or recommend recall of the councilmember in
question. An affirmative vote of a majority of the members holding office and qualified to vote
shall be required for the determination that a violation has occurred and to approve any
sanctions under the standard of conduct. A letter of reprimand or a recommendation of recall
directed to any elected city official shall be delivered to the city secretary and published in a
local newspaper of the largest general circulation.
(Amend. of 11-10-03. § 107-17)
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ARTICLE V. CODE OF ETHICS*
*Editor's note: Ord. No. 20781, § 1, adopted Sept. 19, 1989, amended Art. V in its entirety to read as
herein set out. Prior to inclusion of said ordinance, Art. V, §§ 2-311--2-322, 2-351--2-357, pertained to
similar subject matter and derived from Ord. No. 17112, § 1(1)--(13), adopted July 7, 1982; Ord. No.
17234, § 1(A), (B), (D)4F), adopted Sept. 1, 1982, Ord. No. 17287, § 1, adopted Oct. 6, 1982; Ord. No.
17399, § 1, adopted Dec. 15, 1982; Ord. No. 17476, § 1, adopted Feb. 16, 1983; Ord. No. 20637, § 2,
adopted March 28, 1989 and Ord. No. 20651, § 1, adopted Apr. 25, 1989.
DIVISION 1. RULES OF CONDUCT
Sec.2-310. Preamble.
The purpose of this Code of Ethics is to promote public trust by establishing rules of conduct for
city council members, board members, and employees; by providing a fair process for receiving and
adjudicating complaints; and by requiring periodic financial disclosure. The rules of conduct form the
basis for possible sanctions, and are therefore intended to clearly define proper conduct so that those
who must comply may understand the rules and carry out their responsibilities consistently with the
rules. It is recognized that situations with ethical implications will arise outside the prohibitions of the
rules; in such situations, council members, board members, and employees are encouraged to keep in
mind the ideal of the public trust and to conduct themselves in a manner to avoid the appearance of
impropriety even where not compelled by the rules.
(Ord. No. 23772, § 1, 9-21-1999)
Sec.2-311. Standards.
The following rules of conduct apply to all council members, board members, and employees:
Special privileges.
(1) You shall not use your office for private advancement or gain or to secure special
privileges or exemptions for yourself or others.
(2) You shall not grant any special consideration, treatment or advantage to any person
or group beyond that which is available to others generally.
(3) (a) You shall not use city facilities, personnel, equipment or supplies for purposes
unrelated to the interests of the city, except to the extent such are lawfully available to
the public. Notwithstanding the foregoing sentence, Corpus Christi police officers, airport
public safety officers and municipal court marshals may wear their city -issued uniforms,
badges, and other uniform attire, may use their city -issued radios, and may carry their
city -issued weapons, on approved off -duty law enforcement employment; and Corpus
Christi fire fighters may wear their city -issued uniforms, badges, and other uniform attire,
and use their city -issued radios on approved off -duty fire watch employment.
(b) You may not spend or authorize the spending of public funds for political
advertising. This prohibition does not apply to a communication that factually
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Gifts:
describes the purposes of a measure if the communication does not advocate
passage or defeat of the measure. This paragraph shall be construed
consistently with Texas Election Code Section 255.003.
(4) Unless you are a council member, you shall not use the prestige of your position
with the city on behalf of any political party or cause.
(5) You shall not accept or solicit any money, property, service or other thing of value
by way of gift, favor, loan or otherwise that might reasonably tend to influence you in the
discharge of your official duties or which you know or should have known was offered
with the intent to influence or reward your official conduct.
(6) In the event you receive any gift or loan of property or services on behalf of the city,
you shall promptly deliver such gift or loan to the city manager for official acceptance
and inventory of the city.
Conflicts of interest:
(7) In the event you or one of your relatives have an interest or any substantial interest
in a contract or transaction involving the city which comes before you in the performance
of your official duties, you shall make a written disclosure of your interest in the matter
and abstain from any vote or decision and not participate in any discussion on the
matter.
(8) You shall not engage in any outside activities or employment which will conflict or
be incompatible with the full and proper discharge of your official duties, impair your
independent judgment in the performance of your duties, or reflect discredit upon the
city.
(9) You shall not represent any other private person, or group or interest in any action
or proceeding against or adverse to the interest of the city or in any litigation in which the
city is a party.
(10) You shall not represent any other private person or group in any action or
proceeding in the municipal courts of the city which was instituted by city officers or
employees in the course of their official duties.
(11) You shall not receive any fee or compensation for your official services from any
source other than the city except as may be provided by law or authorized by the city
council.
Actions adverse to the city:
(12) You shall not disclose information that could adversely affect the property or affairs
of the city.
(13) You shall not knowingly perform or refuse to perform any act in order to
deliberately thwart the execution of federal, state or local laws or regulations or the
achievement of any official city programs.
(14) You shall not engage in any felony crime, misdemeanor involving moral turpitude,
or other conduct that reflects discredit on the city.
Provisions for council members:
(15) As a council member, you shall not have a substantial interest in any contract with
the city.
(16) In order to preserve and promote independent advice and decisions from city
boards and the integrity of the independent board process as a council member, you
shall not speak before any city board, commission or committee except on behalf of your
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own financial interest; in which case, you shall publicly state the nature of your financial
interest and that you are appearing only in your private capacity.
(17) As a council member, you shall not give any orders to any employee except
through the city manager as provided by the City Charter.
(18) As a council member, you shall not participate in the process for the appointment
of or the confirmation of the appointment of a member to a board, commission or
committee of the city, or to the governing body of an independent entity all or part of
whose members are appointed by the city council, after you are aware that an individual
seeking, being promoted for, or being considered for the position:
(1) is related to you within a degree described by Section 573.002, Texas
Government Code;
(2) is your employer;
(3) is a director or officer of a business entity (as defined in Section 171.001,
Texas Local Government Code) which is your employer; or
(4) owns ten (10) per cent or more of the voting stock or shares of a business
entity which is your employer.
Provisions for board members:
(19) As a board member, you shall not have a substantial interest in any contract with
the city in which your board or commission, or the city department related thereto, has
jurisdiction.
(20) As a board member, you shall not represent or appear on behalf of the private
interest of others before your board, commission or committee, the city council, or any
board which has appellate jurisdiction over your board, commission or committee,
concerning a matter which is within the subject matter jurisdiction of your board. (This
rule does not prohibit you from appearing on behalf of your own financial interest even
though others may have the same or a similar interest.)
Provisions for employees:
(21) As an employee you shall not have an interest in any contract with the city.
(22) Unless previously recommended by the city manager, and approved by the ethics
commission, as an employee, you shall not, within twelve (12) months after leaving city
employment, represent any other person or organization in any formal or informal
appearance with the city council or any other agency or employee of the city concerning
a project for which you had responsibility as an employee.
(23) As an employee, you shall not represent or appear on behalf of the private interest
of others before the city council or any board, commission or committee of the city. (This
rule does not prohibit you from appearing on behalf of your own financial interest even
though others may have the same or a similar interest).
(24) As an employee, you may not be employed by any business or individual who has
business dealings with or for your department, including any work that is subject to
review or inspection by your department, even if you do not personally review or inspect
the work of the business or individual.
(Ord. No. 20781, § 1, 9-19-1989; Ord. No. 20913, § 1, 5-1-1990; Ord. No. 23772, § 2, 9-21-1999; Ord.
No. 24613, § 1, 10-9-2001; Ord. No. 025769, § 1, 5-25-2004; Ord. No. 027642, § 1, 4-8-2008)
Sec.2-312. Definitions.
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The following definitions apply to the above rules of conduct:
Board member: A member of any board, commission or committee of the city, including the
board of any corporation created by the city.
Employee: Any person employed by the city, whether under civil service or not, including part-
time employees and employees of any corporation created by the city.
Interest: Any direct or indirect pecuniary or material benefit in a contract or transaction other
than:
(1) An interest which is shared by and available to all other persons similarly situated;
or
(2) A remote or incidental interest which would not increase or decrease materially due
to the action of the city or is less than two hundred dollars ($200.00) in value; or
(3) An interest of a subcontractor which has no direct contractual relationship with the
city, is receiving fair and reasonable compensation, and is not operating as a subterfuge
to circumvent the code of ethics; or
(4) An interest in real property acquired by the city which could otherwise be
accomplished only through eminent domain provided that the property must be acquired
for a public purpose and just compensation must be paid under the Texas Constitution
after obtaining an independent appraisal.
Relative: Spouse, father, mother, brother, sister, son, daughter, spouse's children, father-in-law,
mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law and adoptive relationships being
treated the same as natural relationships.
Substantial interest: Any interest which has a value of five thousand dollars ($5,000.00) or more
or represents ten (10) per cent or more of a person's gross income during the most recent calendar
year.
(Ord. No. 20781, § 1, 9-19-1989)
Sec. 2-313. Effect of violation.
A violation of these rules of conduct shall subject the council member, board member or
employee to appropriate disciplinary proceedings, but such violation shall not render the action ofthe
city voidable by the city unless the action would not have been approved without the vote of the person
who violated the rules of conduct.
(Ord. No. 20781, § 1, 9-19-1989)
Sec. 2-314. Exceptions to abstention requirement.
The requirement that a council member or board member abstain from voting on a matter or
participating in discussion as contained in rule 7 of the rules of conduct shall not apply in the following
situations, provided that such person has complied with the requirements of written disclosure of the
interest:
(a) In the event a majority of the members of the council or the board, commission or
committee have filed a written disclosure of a conflict of interest on the matter and would
be required to abstain; or
(b) On the final approval of the budget when the person has abstained from a separate
vote taken on the particular budget item pertaining to the conflict of interest and action or
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that particular item has been resolved.
(Ord. No. 20781, § 1, 9-19-1989)
Cross references: Rules of conduct, § 2-311.
Sec. 2-315. Freedom of expression.
Nothing contained in the code of ethics shall abridge the right of any citizen, whether or not a
council member, board member or employee, to exercise his or her right of expression under the U.S.
or Texas Constitutions.
(Ord. No. 20781, § 1, 9-19-1989)
Sec. 2-316. Lobbyist registration.
Subsection A. Persons required to
register as lobbyists.
(a) A person who engages in lobbying must register with the city secretary if, with respect to
any client, the person engages in lobbying activities for compensation.
(b) The following persons are not required to register under subsection (a):
(1) Media outlets. A person who owns, publishes or is employed by:
(A) a newspaper;
(B) any other regularly published periodical;
(C) a radio station;
(D) a television station;
(E) a wire service; or
(F) any other bona fide news medium that in the ordinary course of business
disseminates news, opinions, or paid advertisements that directly or indirectly
oppose or promote municipal questions to seek to influence official action relating
thereto, if the person does not engage in other activities that require registration
under Part E. This subsection does not exempt the news media or a person
whose relation to the news media is only incidental to a lobbying effort or if a
position taken or advocated by a media outlet directly impacts, affects, or seeks
to influence a municipal question in which the media outlet has a direct or indirect
economic interest.
(2) Mobilizing entity constituents. A person whose only lobbying activity is to
encourage or solicit the members, employees, or owners (including shareholders) of an
entity by whom the person is compensated to communicate directly with one or more city
officials to influence municipal questions. This exception is intended to apply to
neighborhood and other similar not -for -profit organizations.
(3) Governmental entities. Governmental entities and their officers and employees,
provided the communications relate solely to subjects of governmental interest
concerning the respective governmental bodies and the city.
(4) Unknown municipal questions. A person who does not know and has no reason to
know that a municipal question is pending at the time of contact with a city official.
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(5) Dispute resolution. An attorney or other person whose contact with a city official is
made solely as part of resolving a dispute with the city, provided that the contact is solely
with city officials who do not vote on or have final authority over any municipal question
involved and so long as such an attorney complies with Rule 4.02 of the Texas
Disciplinary Rules of Professional Conduct, as amended.
Subsection B. Definitions.
The following words and phrases have the meaning ascribed to them in this section unless the
context requires otherwise:
(a) City official means the members of the city council, city manager, deputy and
assistant city managers, city secretary, city attorney, assistant city attorneys, department
heads, municipal court judges, and all members of any board, commission or committee
of the city, including the board of any corporation created by the city-
(b) Client means any person on whose behalf lobbying is conducted. In the case of a
coalition or association that employs or retains other persons to conduct lobbying
activities, the client is the coalition or association and not its individual members.
(c) Compensation means money, service, facility or other thing of value or financial
benefit that is received or is to be received in return for or in connection with services
rendered or to be rendered. Compensation does not include a payment made to any
individual regularly employed by a person if (1) the payment ordinarily would be made
regardless of whether the individual engaged in lobbying activities and (2) lobbying
activities are not part of the individual's regular responsibilities to the person making the
payment. Compensation does not include the financial gain that a person may realize as
a result of the determination of a municipal question, unless that gain is in the form of a
contingent fee.
(d) Lobby or lobbying means any oral or written communication (including an
electronic communication) to a city official, made directly or indirectly by any person in
an effort to influence or persuade an official to favor or oppose, recommend or not
recommend, vote for or against, or take or refrain from taking action on any municipal
question. The term lobby or lobbying does not include a communication:
(1) merely requesting information or inquiring about the facts or status of any
municipal question, matter, or procedure, and not attempting to influence a city
official;
(2) made by a public official or employee acting in his or her official capacity;
(3) made by a representative of a media organization if the purpose of the
communication is gathering and disseminating news and information to the
public;
(4) made in a speech, article, publication, or other material that is distributed
and made available to the public, or through radio, television, cable television, or
any other medium of mass communication;
(5) made at a meeting open to the public under the Open Meetings Act;
(6) made in the form of a written comment filed in the course of a public
proceeding or any other communication that is made on the record in a public
proceeding;
(7) made in writing as a petition for official action and required to be a public
record pursuant to established city procedures;
(8) made in writing to provide information in response to an oral or written
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request by a city official for specific information;
(9) the content of which is compelled by law;
(10) made in response to a public notice soliciting communications from the
public and directed to the official specifically designated in the notice to receive
such communications;
(11) made on behalf of an individual with regard to that individual's employment
or benefits;
(12) made by a fact witness or expert witness at an official proceeding; or
(13) made by a person solely on behalf of that individual, his or her spouse, or
his or her minor children.
(e) Municipal question means a public policy issue of a discretionary nature pending or
impending before city council or any board or commission, including but not limited to
proposed action, or proposals for action, in the form of ordinances, resolutions, motions,
recommendations, reports, regulations, policies, nominations, appointments, sanctions,
and bids, including the adoption of specifications, awards, grants, or contracts. The term
municipal question does not include the day-to-day application, administration, or
execution of city programs and policies.
Subsection C. Registration.
(a) A registration form shall be completed and filed by a person required to register prior to the
commencement of lobbying activity for a client.
(b) A separate registration form must be filed for each client.
(c) The registration shall be on a form prescribed by the city secretary and shall include, to the
extent applicable:
(1) the full name, phone number, permanent address, and nature of the business of:
(A) the registrant;
(B) the client;
(C) any lobbying firm for which the registrant is an agent or employee with
respect to the client; and
(D) each employee or agent of the registrant who has acted or whom the
registrant expects to act as a lobbyist on behalf of the client;
(2) a statement of all municipal questions on which the registrant will lobby for the
client.
(d) A registrant shall file an amended registration if the information contained in the current
registration changes or is incorrect.
(e) A registrant may file a termination of registration when no longer required to register.
(Ord. No. 23772, § 3, 9-21-1999)
Sees.2-317--2-319. Reserved.
DIVISION 2. ETHICS COMMISSION
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Sec.2-320. Establishment.
An ethics commission is created and shall consist of nine (9) members. The city council shall
solicit nominations for the ethics commission from a wide variety of professional and community
organizations in the city. Interested individuals may also submit their names for consideration. Members
of the commission may not hold or be a candidate for any city elected or appointed office.The city
council shall appoint the members of the ethics commission by a two-thirds ( 2/3) vote of the full
council.
(Ord. No. 20781, § 1, 9-19-1989)
Sec.2-321. Terms.
Members shall hold office for three-year terms commencing October 1. In order to establish
staggered terms, however, the initial terms of three (3) members shall be one year, and the initial terms
of another three (3) members shall be two (2) years. The persons serving such shorter terms shall be
determined by lot. No holding over is permitted except as expressly provided in this code of ethics.
(Ord. No. 20781, § 1, 9-19-1989)
Sec.2-322. Removal.
In addition to the council's usual powers of removal, members of the commission may be
removed by a majority of the council for cause. In considering a complaint filed with the city secretary or
on its own initiative, the council may follow the procedures hereinafter set forth regarding the disposition
of such alleged violations.
(Ord. No. 20781, § 1, 9-19-1989)
Sec.2-323. Vacancies.
All vacancies shall be filled for the unexpired terms. A member shall hold office until his
successor has been appointed, and shall continue to hold office after his successor has been appointed
for the limited purpose of disposition of all complaints filed and for which presentation of evidence was
commenced during that member's term.
(Ord. No. 20781, § 1, 9-19-1989)
Sec. 2-324. Chairperson; quorum.
The commission shall elect a chairperson and a vice -chairperson. The vice -chairperson shall
act as chairperson in the absence of the chairperson or in the event of a vacancy in that position. The
officers of the commission shall serve one-year terms. A majority of the members of the commission
shall constitute a quorum.
(Ord. No. 20781, § 1, 9-19-1989)
Sec.2-325. Meetings.
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The commission shall have such meetings as may be necessary to fulfill its responsibilities. The
chairperson or any three (3) members may call a meeting provided that reasonable notice is given to
each member.
The commission shall meet at least once a year. The date of the annual meeting shall be in
September as set by the commission.
The commission shall comply with the Texas Open Meetings Act.
(Ord. No. 20781, § 1, 9-19-1989; Ord. No. 23460, § 1, 10-13-1998; Ord. No. 24614, § 1, 10-9-2001)
See.2-326. Duties.
(a) The commission shall, in addition to its other duties:
(1) Prepare and publish pamphlets and other materials explaining the duties of
individuals subject to the code of ethics. Such materials shall include instructions to the
public about how to obtain information such as financial disclosures, campaign reports,
and the like from the city.
(2) Review all statements and reports filed with the city.
(3) Annually review the code of ethics and make appropriate recommendations to the
city council after conducting a public hearing on any such recommendations.
(4) Review all public opinions related to the code of ethics that are issued by the city
attorney.
(5) Prepare and disseminate a report listing all campaign contributions and
expenditures for each candidate within thirty (30) days following the deadline for filing
the last campaign finance reports for each city council election. For the purposes of this
provision, a general election and run-off election shall be considered as a single city
council election.
(b) The commission may:
(1) Adopt rules of procedure for the conduct of its business and to carry out the
provisions of the code of ethics, consistent with the code of ethics and other applicable
law.
(2) Prepare reports and studies to advance the purposes of the code of ethics.
(3) Request the city council and city manager to provide such assistance as it may
require in the discharge of his duties.
(Ord. No. 20781, § 1, 9-19-1989)
Sec.2-327. Staffing.
The commission shall be assigned staff by the city attorney to assist in its duties. The
commission shall also designate independent legal counsel, and when complaints are filed, such
independent legal counsel may be utilized to advise the commission and participate in hearings.
(Ord. No. 20781, § 1, 9-19-1989)
Sec. 2-328. Legal opinions and services.
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(a) Any council member, employee or board member may submit a written request to the city
manager for an opinion concerning the meaning or effect of any section, word or requirement of
the code of ethics as it affects such official, employee or board member.The city manager shall
submit such request to the city attorney, who will promptly issue a written opinion to the city
manager.Such opinion shall be filed with the city secretary with a copy to the requesting person
shall constitute an authoritative determination of the meaning of this article, until amended by
the council.
(b) If a complaint is filed with the ethics commission about any specific action, omission or
alleged conflict of interest by the charged person which has been the subject, in whole or in
part, of a city attorney's opinion, the independent legal counsel shall act as the commission's
attorney on said complaint.
(Ord. No. 20781, § 1, 9-19-1989)
Sec. 2-329. Jurisdiction of commission.
The ethics commission shall have jurisdiction of complaints involving any "city official" which
includes the mayor and members of the city council, city manager, deputy and assistant city managers,
city secretary, city attorney, department heads, and municipal court judges (including substitute
judges), and all members of any board, commission or committee of the city, including the board of any
corporation created by the city.
(Ord. No. 20781, § 1, 9-19-1989)
Sec.2-330. Complaints.
(a) A sworn complaint alleging violation of the code of ethics shall specify the provisions of the
rules of conduct alleged to have been violated and facts alleged to constitute the violation.
(b) Upon the sworn complaint of any five (5) people filed with the city secretary's office, the
commission shall consider possible violations of the code of ethics by city officials and board
members and former city officials and board members other than members of this commission.
In addition, the commission shall consider such possible violations when referred to it as a
complaint by majority vote of all council members holding office and qualified to vote thereon.
The council may direct the city attorney to draft such referred complaint, which shall be
reviewed as other complaints hereunder. The council members voting for the complaint shall
sign the complaint.
(c) A complaint alleging a violation must be filed with the city secretary within six (6) months
from the date the complainants knew or should have known of the action alleged as a violation,
and not afterward.
(d) Not later than three (3) working days after the city secretary receives a sworn complaint, he
or she shall acknowledge receipt to the complainants, and provide a copy to the city attorney,
the commission and the person complained against. Not later than thirty (30) days after receipt
of a complaint by the city secretary, the commission shall notify in writing the persons who made
the complaint and the person complained against whether it intends to schedule a hearing or
take other action concerning the complaint. The person complained against shall have ten (10)
days to submit a written response to the complaint prior to the commission deciding whether to
hold a hearing. The complainants shall have one opportunity within fifteen (15) days of any
denial of their original complaint by the commission to amend their complaint and refile the
same with the commission.
(a) If the commission determines such party's complaint or defense was groundless, legal fees
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incurred by the complainants, the commission, and the party complained against, in an amount
determined reasonable by the commission may be awarded against the unsuccessful party.
"Groundless" means (1) without basis or fact, or (2) not warranted by law or reasonably
arguable interpretation thereof. The complainants shall not be liable for such fees if the
commission has determined grounds exist for a hearing.
(Ord. No. 20781, § 1, 9-19-1989; Ord. No. 20896, § 1, 3-27-1990; Ord. No. 23772, § 4, 9-21-1999)
Sec. 2-331. Ex parte communications.
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.
(Ord. No. 20781, § 1, 9-19-1989)
Sec.2-332. Hearing.
(a) The hearing shall be held as expeditiously as possible following the determination by the
commission to conduct a hearing on a particular matter. The commission may grant two (2)
postponements, not to exceed fifteen (15) days each, upon the request of the person
complained against; provided, however, the commission may also delay commencement of a
hearing for good cause such as a hurricane or unavailability of a material witness-
(b) The issue at hearing shall be whether the violation alleged in the complaint occurred. The
commission shall make its determination based on the preponderance of credible evidence in
the record. All witnesses shall testify under oath. Strict rules of evidence shall not be required;
however, the commission shall require that all evidence be of such quality that persons
customarily rely on in the conduct of serious affairs. If the commission determines that a
violation has occurred, it shall state its findings in writing, shall identify the particular provisions
which have been violated, and within five (5) working days shall deliver a copy of the findings to
the complainants, the person complained against, and the city secretary.
(Ord. No. 20781, § 1, 9-19-1989)
Sec. 2-333. Oaths.
If a complaint proceeds to hearing, the commission may subpoena witnesses to attend and
testify, administer oaths, take evidence and subpoena the production of books, papers, records or other
evidence needed for the performance of the commission's duties or exercise its powers, including its
duties and powers of investigation.
(Ord. No. 20781, § 1, 9-19-1989)
See.2-334. Sanctions.
(a) If the commission determines that a violation occurred, it shall proceed directly to determine
its recommendation of appropriate sanctions. The affirmative vote of a majority of the members
holding office and qualified to vote shall be required for the determination that a violation has
occurred and the recommendation any sanction under this code of ethics. The commission may
receive additional testimony or statements before considering sanctions, but is not required to
do so.
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(b) If the commission determines that a violation has occurred, it may recommend the
following:
(1) Against a council member or against a board member or city official appointed or
confirmed by the council, reprimand, temporary suspension, removal or any other
sanction or corrective action within the power of the city council, or recall by the citizens.
(2) Against a city official other than those in (1), that appropriate action be taken, as
deemed necessary by the city manager.
(c) In determining its recommendation, the commission shall consider the seriousness of the
violation, the importance of deterrence, the impact on public confidence in government, the
violations' repeated or isolated nature, the mental state with which the violation was committed,
and the prior record of the person complained against. The recommendation shall be reduced to
writing and transmitted to the supervisory authority and to the person complained against.
(d) If the commission finds that conduct occurred which, if willful, would violate the rules of
conduct, but the commission cannot determine that the conduct was a willful violation because
of ambiguity as to the meaning of the standard of conduct involved, the commission will
recommend no sanction, but will issue a clarifying interpretation to guide future cases.
(e) Nothing in the code of ethics shall change or affect the civil service, at will, or other status
of any employee, city official, or board member as established by the City Charter and
ordinances.
(f) The city council or supervisory authority shall consider the recommendation of the
commission, but will exercise its own judgment and discretion in determining what action, if any,
to take.
(g) If the commission determines that a violation of any criminal law has occurred, it shall
deliver a copy of its findings to the complainants, the person complained against, and the city
attorney, recommending whether prosecution should be initiated or setting forth requirements to
be complied with in order that voluntary compliance requirements may be had. Said findings
shall also be delivered to the county attorney or district attorney, if a violation may be within their
jurisdiction.
(Ord. No. 20781, § 1, 9-19-1989)
Secs.2-335--2-339. Reserved.
DIVISION 3. FINANCIAL DISCLOSURE
Sec. 2-340. Required reports.
On or before the last Friday of April of each year,
secretary an annual report of financial information covering
previous year. Council members and planning commissio
(Ord. No. 20781, § 1, 9-19-1989)
Sec.2-341. Definitions.
n
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The following definitions shall apply to these financial disclosure provisions:
Person: An individual, proprietorship, firm, partnership, joint venture, syndicate, trust, company,
corporation, association, committee, estate, receiver, entity or any other organization or group of
persons acting in concert, whether profit or nonprofit.
Relative: Spouse, father, mother, brother, sister, son, daughter, spouse's children, grandfather,
son-in-law, daughter-in-law, grandmother, uncle, aunt, nephew, niece, grandson, granddaughter, first
cousin, father-in-law, mother-in-law, brother-in-law, sister-in-law, grandfather -in-law, grandmother -in-
law, uncle by marriage, aunt by marriage, nephew's wife, niece's husband, grandson -in-law,
granddaughter -in-law, and first cousin's spouse, adoptive relationships being treated the same as
natural relationships.
Reporting official: The mayor and members of the city council, city manager, deputy and
assistant city manager, city secretary, city attorney, department heads, municipal court judges
(including substitute judges), and all members of the planning commission, ethics commission, civil
service board, civil service commission, Corpus Christi Health Facilities Development Corporation,
Corpus Christi Housing Finance Corporation, Corpus Christi Housing Improvement Corporation,
Corpus Christi Industrial Development Corporation and the attorney who serves as local issuer's
counsel for and any executive employee hired by the above corporations.
(Ord. No. 20781, § 1, 9-19-1989)
Sec. 2-342. Content of reports.
The reports required shall contain the following information for the reporting period by separate
listing. In this section, the report for the reporting official shall include all such information for the
reporting official's spouse, but information relating to the spouse need not be segregated from that
relating to the reporting official.
(a) Name and residence address.
(b) All professional, occupational, business licenses held by the reporting official
(c) The names of any businesses with which the reporting official was actively engaged
or associated, and the principal address and phone number of each, together with the
position or title held. (This list should not include interests in or positions with any
businesses which are required to be reported in other provisions of this section.)
(d) The names and addresses of all sources of income which exceed ten (10) per cent
of the reporting official's gross income, or five thousand dollars ($5,000.00) in salary,
bonuses, commissions or professional fees, or twenty thousand dollars ($20,000.00) in
payment for goods, products or non-professional services. If the reporting official is self.
employed or owns or controls at least a twenty (20) per cent interest in a partnership,
corporation or other entity through which the reporting official does business, the
reporting official shall also report the names and addresses of the clients or customers
who do business with the city from whom the reporting official, partnership, corporation
or other entity received at least ten (10) per cent of its gross income. Prior to each
reporting deadline, the city shall publish a list of the names and addresses of the
persons who do business with the city in the amount of ten thousand dollars or more
each year (excluding utility services or the payment of taxes) which reporting officials
may rely upon for the purposes of complying with this provision. A reporting official
operating a business as a sole proprietor shall not be required to report a client or
customer under this subsection he or she would not have to report if operating as a
corporation or partnership.
(e) The names and addresses of all corporations, partnerships or other business
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organizations in which the reporting official held, owned, acquired or sold stock or other
equity ownership having a value exceeding five thousand dollars ($5,000.00) or
equivalent to ten (10) per cent or more of the stock or equity in the entity.
(f) An itemized list of all real property in Nueces County or any adjoining county in
which the reporting official held any legal or equitable ownership with a fair market value
of two thousand five hundred dollars ($2500.00) or more, The list shall include a
description sufficient to locate the property-
(g) The name and address of any person to whom the reporting official was indebted in
excess of ten thousand dollars ($10,000.00) together with the dates any such debts
were incurred. "Indebted" includes obligations on which the reporting official is a
guarantor or co-signer, in which case the names of the borrower and lender shall be
listed.
(h) The name and address of any person who is an obligor on any note, bond, loan or
any other similar obligation, written or unwritten, owed to the reporting official which in
the aggregate equal ten thousand dollars ($10,000.00) or more together with the dates
of such obligations.
(i) All boards of directors or governing bodies of which the reporting official is a
member, and all offices or executive positions the reporting official holds in corporations,
partnerships, limited partnerships, professional corporations, associations, or other
entities, including non -business and non-profit entities, stating the name of each entity
and position held, and excluding entities owned or created by the city.
0) The names and addresses of all persons from whom the reporting official received
gifts or favors, including but not limited to trips, excursions, food, lodging, money,
commodities or services, cumulatively exceeding two hundred dollars ($200.00) in value.
The nature and date of each gift received shall be specified. Provided, however,
campaign contributions reported as required by state law and gifts or favors from
relatives need not be reported hereunder.
(Ord. No. 20781, § 1, 9-19-1989)
Sec. 2-343. Financial disclosure by candidates.
All candidates for city council shall file an annual report of financial information covering January
1 through December 31 of the previous year containing the information required by the above sections
with the city secretary within five days after filing for office. If the deadline for candidate filing is after
June 30, they shall also file a supplemental report of financial information. If any incumbent candidate
has previously filed a report for the appropriate period(s), that report shall satisfy this section.
(Ord. No. 20781, § 1, 9-19-1989)
Sec. 2-344. Reports to be sworn and maintained.
All reports of financial information required by the code of ethics shall be sworn, and shall be
preserved for -five (5) years as public records.
(Ord. No. 20781, § 1, 9-19-1989)
Sec. 2-345. Filing dates for reports.
Reports required by this division must be physically filed with the city secretary by 4:45 p.m. on
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the day required for filing. When the day falls on an official city holiday as established by the city
council, the deadline for receipt by the city secretary is extended to 4:45 p.m. of the next day which is
not a Saturday or Sunday or official city holiday.
(Ord. No. 20781, § 1, 9-19-1989)
Sec. 2-346. Failure to file report.
The failure of a reporting official or employee to file a true and accurate report as required under
this code of ethics shall constitute a violation of the rules of conduct. Failure to timely file a report by a
member of the planning or ethics commission or the civil service board/commission shall constitute
forfeiture of the office. Such forfeiture shall be automatic and immediate, except if state law requires a
hearing, the forfeiture shall occur immediately upon a council determination of timely failure to file. In
the event a person who has failed to file a required report no longer serves in an official capacity with
the city, that person shall be barred from serving as an appointed officer, board member or employee of
the city in the future until the required report has been filed.
(Ord. No. 20781, § 1, 9-19-1989; Ord. No. 21195, § 1, 7-16-1991)
Sec. 2-347. Voluntary reports.
Any city official, employee, or board member may file reports exceeding the requirements of the
code of ethics, and said reports shall be preserved in the same manner as required reports.
(Ord. No. 20781, § 1, 9-19-1989)
Sec. 2-348. Disclosure of gifts by employees.
Any employee of the city other than reporting officials, whether under civil service or not, who
received gifts or favors, including but not limited to trips, excursions, food, lodging, money,
commodities, or services, cumulatively exceeding two hundred dollars ($200.00) in value in any
calendar year, from any person (other than a relative) whose name is published in the list of persons
doing business with the city under section 2-342(d), shall file a report of the names and addresses of
such persons and the date and nature of each gift with the city secretary. The deadline for filing such
reports shall be February 1 of each year; provided that, such a separate report shall not be required for
any employee who is required to file a report as a reporting official.
(Ord. No. 20781, § 1, 9-19-1989)
Sec. 2-349. Disclosure of interests by contractors.
(a) Any business desiring city council, board, commission or committee consideration or action
concerning that business (other than granting an electrician license, solicitation permit and
approving a plat) shall, prior to its placement as an agenda item on the public notice of such
body, file with the city (and if a vendor, file with the city's purchasing agent) a statement
specifically naming any city employee, official and board member having an ownership interest
in the business constituting three (3) per cent or more of the ownership, or having any pecuniary
interest in the transaction or property which is the subject of consideration or action.
(b) In the case of any business desiring to sell goods or services to the city (except when the
value of the goods or services is not reasonably anticipated to exceed one hundred dollars
($100.00) per calendar year), but which does not require city council, board, commission or
committee consideration or action, the business shall file with the city's purchasing agent a
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statement specifically naming any city employee, official and board member having any
ownership into best in the business constituting three (3) per cent or more of the ownership, or
having any pecuniary interest in the transaction. This provision does not apply to or include the
purchase of magazine subscriptions and memberships in professional or trade organizations
related to municipal operations.
(c) For corporate businesses whose shares are publicly traded and listed on recognized
national or regional stock exchanges or over-the-counter markets, it shall be sufficient if a
current Securities and Exchange Commission Form 10-K is filed in lieu of the statements
required by this section.
(Ord. No. 20781, § 1, 9-19-1989)
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ARTICLE 11. CITY COUNCIL*
Page 1 of 3
ARTICLE II. CITY COUNCIL*
*Charter references: City council, ch. III; personal interest in city contracts, etc., § 173.
DIVISION 1. GENERALLY
Secs.2-28--2-48. Reserved.
DIVISION 2. COUNCIL DISTRICTS
Sec. 2-49. Residency requirement for candidates for council district office.
Each candidate for a council district office must reside within the boundaries of the council
district which he seeks to represent.
(Code 1982, § 2-16; Ord. No. 1264, § 2, 11-3-1981; Ord. No. 1617, § 2, 1-7-1986; Ord. No. 1924, § 2,
12-3-1991; Ord. No. 97-01-07, § 2, 1-21-1997)
State law references: Age and residency requirements for home -rule city office, V.T.C.A., Election
Code § 141.003.
Sec. 2-50. Voters.
Only resident qualified voters of each of the four council districts may vote for qualified resident
candidates from each such respective council district.
(Code 1982, § 2-17; Ord. No. 1264, § 3, 11-3-1981; Ord. No. 1617, § 3, 1-7-1986; Ord. No. 1924, § 3,
12-3-1991; Ord. No. 97-01-07, § 3, 1-21-1997)
Sec. 2-51. District boundaries.
Council district boundaries shall be as established from time to time by ordinance.
Secs.2-52--2-60. Reserved.
DIVISION 3. FINANCIAL DISCLOSURE
Sec.2-61. Definitions.
(a) In this division, "municipal officer" means the mayor of the city, a member of the city
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ARTICLE II. CITY COUNCIL*
Page 2 of 3
council, the city attorney, or the city manager.
(b) In this division, "municipal office" means the office of mayor of the city, city council, city
attorney, or city manager.
(Ord. No. 2008-11-101, § 2, 11-4-2008)
Sec. 2-62. Financial statement required.
(a) A municipal officer or a candidate for a municipal office filled by election shall file a financial
statement as required by this division.
(b) The statement must be filed with the city secretary.
(Ord. No. 2008-11-101, § 2, 11-4-2008)
Sec. 2-63. Form of statement.
(a) Texas Ethics Commission Form PFS, or any subsequent form designed by the Texas
Ethics Commission under Chapter 572, Texas Government Code, and in use on the due date of
a financial statement, shall be used for completing and filing the financial statement.
(b) The city secretary shall mail two copies of the form to each municipal officer before the
thirtieth day before the municipal officer's deadline for filing the financial statement. The city
secretary shall mail a copy of the form to each candidate for a municipal office filled by election
who is required to file under this division not later than the tenth day before the deadline for filing
the statement under section 2-64(c).
(c) The individual required to file the financial statement shall fill out the form completely and in
compliance with all instructions contained in the form and in any state ethics commission
instruction guide for completing the form.
(Ord. No. 2008-11-101, § 2, 11-4-2008)
Sec. 2-64. Filing dates; timeliness of filing.
(a) A municipal officer shall file the financial statement required by this division not later than
April 30 each year.
(b) A person who is appointed to a municipal office shall file the financial statement required by
this division not later than the forty-fifth day after the date on which the individual assumes the
duties of the office-
(c) A candidate for a municipal office filled by election shall file the financial statement required
by this division not later than the earlier of:
(1) The twentieth day after the deadline for filing an application for a place on the ballot
in the election; or
(2) The fifth day before the date of the election.
(d) The deadline for filing a financial statement required by this division is 5:00 p.m. of the last
day designated in the applicable provision for filing the statement.
(e) If the last day for filing the financial statement is a Saturday, Sunday, or city holiday, the
statement is timely if filed on the next day that is not a Saturday, Sunday, or city holiday.
(f) A financial statement is timely filed if it is properly addressed and placed in the United
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ARTICLE 11. CITY COUNCIL"
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States Post Office or in the hands of a common or contract carrier not later than the last day for
filing the financial statement. The post office cancellation mark or the receipt mark of a common
or contract carrier is prima facie evidence of the date the statement was deposited with the post
office or carrier. The individual filing the statement may show by competent evidence that the
actual date of posting was different from that shown by the mark.
(g) A municipal officer may request the city secretary to grant an extension of not more than 60
days for filing the statement. The city secretary shall grant the request if it is received before the
filing deadline or if the officer's physical or mental incapacity prevents the officer from filing the
statement or requesting an extension before the filing deadline. The city secretary may not grant
more than one extension to a person in one year except for good cause shown.
(h) The city secretary may not grant an extension to a candidate for a municipal office filled by
election.
(Ord. No. 2008-11-101, § 2, 11-4-2008)
Sec. 2-65. Duplicate or supplemental statements.
If a person has filed a financial statement under one provision of this division covering the
preceding calendar year, the person is not required to file a financial statement required under another
provision of this division covering that same year if, before the deadline for filing the statement under
the other provision, the person notifies the city secretary in writing that the person has already filed a
financial statement under this division covering that year.
(Ord. No. 2008-11-101, § 2, 11-4-2008)
Sec. 2-66. Public access to statements.
(a) Financial statements filed under this division are public records. The city secretary shall
maintain the statements in separate alphabetical files and in a manner that is accessible to the
public during regular office hours.
(b) Until the first anniversary of the date a financial statement is filed, each time a person, other
than the city secretary or an employee of the city secretary who is acting on official business,
requests to see the financial statement, the city secretary shall place in the file a statement of
the person's name and address, whom the person represents, and the date of the request. The
city secretary shall retain that statement in the file until the first anniversary of the date the
requested financial statement is filed.
(c) The city secretary may, and on request from a former officer or candidate shall, destroy any
financial statements filed by the officer or candidate after the second anniversary of the date the
person ceases to be an officer or candidate, as applicable.
(Ord. No. 2008-11-101, § 2, 11-4-2008)
Secs.2-67--2-75. Reserved.
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CITE' OF LINDALF ETHICS ORDINANCE
Article I
Declaration of Ethical Policy
Section I.I. It is the policy of the (. n of Lindalc Thai the 1-in,r qpernwn of
democratic go%crnmcat requires that public officials he independent, impanial and rusponsdA to
the people: that gorernnloaal decisions and policy be made in proper channels u1 the
wo cn nenlal stnictrirer that public of ice not be used fir pcisonai JJUHK end OUT the ,nlhli: 11a1 c
contirfence in the integrity of its t cwrmnov; In rcralg�ition o these gtral.s. this Elks s Ordinance
is adopted.
Section 1.2. I'his Ethics Mdinanec has the hallowing purposes:
a. ho encuul Mtge the public son We bj 1010110 citizens.
b. TO e117OUrage high ethi-:d standards In ofticial conduct by Council
NicinbeC
C. To establish guidelines tar ethical standards of a.rnchlo fur all such
officals by setting AN lose acts or actions that are incompatible avith the hest interests
of the 0w and
d. To serve as a basis fix disciplining those who thil to abide by its term;.
Section 1.3. The provisions of this' Ordinance shall not apph to con dhinions, loans.
expenditures or reports, any of which are made for lawful political purposes.
Section 1.4 , This Ethics Ordinance is not intended to be nor shall it be used as it
political weapon to intimidate or embarrass persons affected.
Article 11
Standards of Conduct
Section 2.1. A Council .1-lembc17 may not lorlllall}appear for compcnsaficm bclurc the
City Council �0ilc acting as an adk-ovate for any other person, group or cotnt .
Section 2.2. A Council Nicniber nwy not represent, directly or indirectly. any other
p n ate person, group or entity in anc action or proccr dine apillet the Interests of liic City'. or in
wo hdgahon it such the City or any dgxin um. olin nlssion. heard fir 011111nTt K Terwr is LI
party.
Section 2.3. A Council Ndembcr mad not represent. outer than hinascli herselll directly
nr indirectly, any private person. group or cntita in any action or I'locecding in the municipal
courts of the City.
04 of I nuh c t chic, Ordinance - adopted %Loy 1, '007 Pugs 1 0[ 9
Section 2.4. 1_'nfail- Adyancancnt of PI'k ate Interest.
J. A CULInCi1 A1Cniber rota i It solicit CII. `iccgit CInr11U�'IIiCnI I he per lt1111)ud
or C nnPunsalion to be rceeivccl while still it Council Merkur, W the u mplowicnl or
enmPenstdion could rcasonahly he expected to impair indepenknce in jud'mtcnt.
h. if a C01.111Cd y4C:b21 accepts or K soliCitilla nroalisc of ftitUlC
eniploy-ment Iroin any, person or unity taho has a Antaniial irmaem in a pei. al. My (ir
property which would he affected by anv decision upon which the he she might
rcas"mably he expected to act. ino C ugate, ad" ke or ni.lke it rceottlnlendunun. the C',lullcd
Menther shall disclose that fact to the Council.
Seetion 23. A Council MCImbtJr Inay not accept r nu.r eraii0a direct ,, iir indirect!'.
Rw campaign work relating to another indnidual's candidacy for and CICCIW to blai= or City
Council or any other item placed on the ballot by the City Owed. "hen such Olt is to be
per
formed within 12 months of the respective election, if the Council Mcm1-wr served o❑ the
body which exercised authority in the development of the ballot item and pailicipated in the
discussion or t-oted on the item.
Section 2.6. A Council Member may not participate in a vote or decision on any
zoning matter which may appear before the City Council or Planning and Zoning Commission if
the Council Member has a substantial interest in any real property "Ahm AM feet of the property
which is the subject of the zoning request.
Section 2.7. A Council Member who server; as It corporate officer or member of the
board of directors of it nonprofit entity may not participate in a vote or decision regarding
funding by or through the City for the entity, if said official receives any tee, compensation or
other monetary payment from the entity, unless tale City Council appointed such COLrncil
Meniher to the board of'directors or such Corporate office.
Section 2.8. A Council Member may not disclose any contldultlal eovern11M)l
information trained by reason of the Council MenlbCr'S position. This rule ihtics not prohibit:
it. any disclosure that is no longer confidential government information:
b. the confidential reporting of illegal or unethical conduct to aulhoritics
designuti d by law: ()I-
C. any disClosurc, not otherwise ProhiblICLI by htvv. in h.n-IhCaticC of public
safety after tint confcrrin�, Mill the Cite Mwrlwyabout any potential liability exposure.
Section 2.9. Council Menibeis must recognize the luck orautNwhy in an; individual
Council Member, except when explicitly authorized by the City Council. therctilre:
a. A COLInCI) Memhcr may not interfere with the City Administrnrnr's
adnlinistIalkC duties of appointment to and removal of persons Iron emploanieni with
the( kynor shall private directives he made to Cih� staff
City of LIIIda IC E IIuC orChiance - adopied Xlav I. 2007 19ge 2 of 5
1>. ,A Council :Member may not nuke public indiaidual judgments or the
perk mance or the Cite Adminishator. his staff. the CH miomt :. the Cis : Sccnelurv. or
the Municipal .ludec CON as authorized by t tv policy of ordinance.
C. A Council Member may not anempt to coerce or intilmdaw C'ita
emplo ecs. interf'ore ttilh City cutplocck duties. of III lleIAiSc circunttcut the anthurilc
of the l ila adolinistmtor.
Article III
Additional Ethical Standards
Section 3.1. ,A Council Mcmher mac not purticfpaw in a cote rn decidon on a matter
aRAdng a person, enthy or property in which the o iicial has a contlict of HMOL as that wnn n
Mod in Chapter 17 L texas ON G numnlcnt Code. Regulation III' Conflicts of tntercat A`
Officers of \1unicipal dies. Coun:ics. and Certain tither Lt"cal (iovenlnlents.
U. A Council Member shall review the agenda to IIeIcrinine if there are any
matters In which he,she has a coldllci of interest pricer to cacti nlcetiII2 ill the hotl_V to
which the Council Member is it member.
h. If_. upon review of the agenda, it is determined that the Council Member
has a conflict of interest, he/she shall file an affi(ki%d as required by, I xas Local
Government Code, Chapter 171, and abstain front participation in the discussion and
voting on the mutter.
Section 3.1 A Council Member shall violate Chapter 37 Oletjur% and Other
Falsification) of the Was penal Code not Shull a Council Mcmher solicit, encourage, direct, aid
or attempt to aid another person to commit a violation of Chapter 37 of the Texas Penal Codc.
Section 3.1 No Council Member shall use his�her official position to secure
confidential information for any purpi,lse other Ulan official iesilcrosibiiucs. Sec Section I206,
Texas Penal Code, Misuse ofofticial information.
Section 3.4. No Council A,lemhcr shall use City l aci'.itics. porsonnel. equipnlenl or
supplies for private purposes, except to the extent such as customat;'. incidental or lay. fully
nt Arable to the public. See Section 39M2 Texas Final Code. Abuse ol'Official Capacity.
Section 3.5. No Council Mcmbcr shall accept or solicit amgift III- lavor that tcould
tend to influence that individual in the dkehm, of official duties or that the official knows has
been offored mill the intent to influence or rewrud official conduct_ See Section 36-02. 'Texas:
Penal Code. Brihen,.
:Article IV
Disclosure of Conflict of Interest
Section 4.1. A Council Nfemher shall disclose the existence of any conflict of interest
he she may- have with respect to a persol entity or property %%hich tVoLdd be offectcd h} a ,olc
Cm otl.cul, mos grdintmce. adopicd v-lay I.2(7o"' 14ge 7 uf?
OF decision ohthe Council or that hc`s is serves as a corporate (Mice- or inonher of the board of
directors of anon pw A I entity for which a vote or decision i carding I'll ndin_7 he or through the
( oy is brine considcrcd.
Section 41. Tu comply "ith this section .a Council member or Council \lcmher, prior
to the vote or decision, either shall file an nllidavit as rei.pm-cd by Icrus Log it Govcrtmem
('ode, Chapter 171 (Regulation of Confbcls of htterest orof`i u-; of %lunicipalincsi- or ifnot sin
required by said statute, shall publicly disclose in WC official Fccortis of the body the nat:,arc and
extent ofuch interest.
Section .1.3. Wicre the interest of a Council 'vlcmher in die : uhicct mater of a tote ar
decision is r mote or incidental, the Council %lumher maypailicipatc in the %otc or decision and
need not disclose tile iincest.
U. "Remote Were& rums an incrust id a persim or cntim including a
Council Member. who would be affected in the same .gaya, the general public. the
interest of it Council member in the property lay: rate, general City fees, (.Ity utility
nsi charges or a comprehensive Wing ordinance or similar decisions is incidental to the
extent that the Council member would be affected in common R At thegeneral public.
b. "Incidental interest" means an interest in a persixi, entity or property
which is not a substantial interest and which has insignificant %chic, or which would be
affected only in a de minimis fashion by a decision. This article dices not establish dollar
limits on the teams "insignificant Value" and "de minimis," vrhich shall have their usual
meanings and he subject to interpretation on a case by cue basis.
Section 4.4. Nothing in this article shall prohibit the Coy Council Ann participmKiz in
a cote or decision relating to salaries, terms of office or travel budgets orCity Ceouneil mein%%.
Article V
(Repealed, June, 2007)
Artfcte VI
Delinidons
For the purl,mses or this Ordinance:
".-Affected" means reasonably likely to he subject to a direct economic effect or
consequence. either positive or neOttice, as n result orthc vote or decision in question in the case
of a person. entity or property.
"00 Council Nlember or Member or the CiQ Council" means all mcmhcrs of the
LOW C'h Council. including the Nlayor.
"Contliet of Interest" shall have the same meaning as proscribed by C Ner 171 of the
Tc,eas Local Government Code.
C ii} ol' Lindale I'.ihics Ordinance - sidoptrd Nh9 t. 2007 hTe-t nil
"Decision" mcans air%, ordillalICC, I-CSOILF[i011, COVIII-ad, f , ranchisc. 6"T111,11 action or other
IllitlILT Voted on by the City OwncH. as well as the or delibcIaLiolIS of the CoUllcil
Which eull of mac lead to a We or kinval action by that noels-.
-Entfi-N- mcans a sole proprietorship, piminurdhip. lumted p,irutership. firm. cialloralioli,
j)r()IeSSJ0Fla1 corporation, holding comparn, joint shwk company. joint ,cillule.
IrLISI Or 2fly Other entity" ICCognized by lone %mgh AM hunnus nmy he onWumd.
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ROUND ROCK, TEXAS
AMENDING CHAPTER 1, CODE OF ORDINANCES, (1995 EDITION)
CITY OF ROUND ROCK, BY AMENDING SECTION 1.900
STANDARDS OF CONDUCT AND FINANCIAL DISCLOSURE FOR
CITY OFFICIALS; PROVIDING A SAVINGS CLAUSE AND
REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS:
I.
That Chapter 1, Section 1.900 of the Code of Ordinances, (1995
Edition) City of Round Rock is hereby amended to read as follows:
SECTION 1.900 STANDARDS OF CONDUCT AND FINANCIAL DISCLOSURE FOR CITY
OFFICIALS
1.901 POLICY
(1) It is the policy of the city that the proper operation of democratic government requires that
city officials and employees be independent, impartial and responsible to the people; that
governmental decisions and policy be made in proper channels of the governmental
structure; that public office not be used for personal gain; and that the public have
confidence in the integrity of its government in recognition of these goals, a code of ethics
for all city officials and employees is adopted.
(2) This code of ethics has four purposes: (1) to encourage high ethical standards in official
conduct by city officials and employees; (2) to establish guidelines for ethical standards of
conduct for all such officials and employees by setting forth those acts or actions that are
incompatible with the best interests of the city; (3) to require disclosure by such officials,
candidates, and employees of private financial or other interests in matters affecting the
city; and (4) to serve as a basis for disciplining those who fail to abide by its terms.
(3) The provisions of this section 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.
1.902 DEFINITIONS
Appears Before. A person appears before the city council or commission when such person
publicly states his name and address, signs a sheet provided at the podium for that purpose, and
addresses the council or commission.
.00MA\M00.LpJL\Oi \MWL\OµO1N C\02U912A].WPD/SL
Appointee. Persons appointed or confirmed by the mayor or city council; provided however for
the purposes of this definition, the term "appointee" does not include Municipal Judges.
Business Entity. Any corporation, partnership, sole proprietorship, firm, enterprise, franchise,
association, organization, self-employed individual, holding company, joint stock company,
receivership, trust, or any legal entity organized for profit.
Business Dealings. Any activity involving the exchange of economic benefits.
Candidate. Every person who declares for or files for any office of the city to be filled by election.
City Official. The mayor, every member of the city council, the city manager, the assistant city
manager, the communications director, the public affairs & business development director, the city
attorney, the city secretary, the planning director, the chief financial officer, the finance director,
the library director, the police chief, the fire chief, the parks and recreation department director,
the human resources director, the chief of operations, the director of public works„ and persons
acting in the capacity of the aforementioned city officials, appointees, or employees.
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. Any person employed by the city whether under civil service regulations or not,
including those individuals on a part-time basis, but such term shall not be extended to apply to any
independent contractor.
Family Member_ The spouse, parent or child, and the parents of a spouse, city official, appointee,
or city employee.
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.
Identification. For a natural person, the person's name, street address, city and state; for any entity
other than a natural person, the name, address, city and state of the entity's principal location or
place of business, the type or nature of the entity, the date on which it came into existence, the
state of incorporation, if any, and the names of the partners or trustees, if any.
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.
Pecuniary Gain. Any use, benefit or thing of value that can be valued in money.
Source of Income. Any business entity, employment, investment, or activity which earned or
produced income, including interest, dividends, royalties or rents, which has been paid to or for
the credit of a city official, candidate or family member or which would be taxable to said city
official, candidate or family member under the United States Internal Revenue Code, as amended,
even though not actually paid or credited.
Substantial Interest. A person has a substantial interest in a business entity if he and/or a family
member (a) owns ten percent (10%) or more of the voting stock or shares of the business entity;
(b) owns ten percent (10%) or more or $15,000 or more of the fair market value of the business
entity; or (c) funds received from the business entity exceed ten percent (10%) or more of the
person's gross income for the previous year. A person has a substantial interest in real property
if he, his parent or child, or if married his spouse or his spouse's parent, controls or has an interest
in the property and the interest has a market value of $2,500.00 or more.
1.903 STANDARDS OF CONDUCT
(1) Gifts
No city official, appointee, or employee shall intentionally or knowingly solicit or accept
any contribution, gift, or economic benefit with actual or constructive knowledge that same
is:
(a) offered or given with intent to influence the judgment or discretion of such
employee or official; or
(b) given in consideration of the favorable exercise of such employee or official's
judgment or discretion in the past.
(2) General Provisions
(a) No city official, appointee, or employee shall intentionally or knowingly disclose
any confidential information gained by reason of said official or employee's posi-
tion concerning the property, operations, policies or affairs of the city, or use such
confidential information for the pecuniary gain of said official, employee, or
others.
(b) No city official, appointee, or employee shall intentionally or knowingly use one's
official position or city owned facilities, equipment, or supplies for the pecuniary
gain or advantage of said official, employee, or others, or use city owned vehicles,
printing facilities, postage facilities or long distance telephone service for personal
reasons, for pecuniary gain or advantage, or in any political campaign.
(c) Except as otherwise specifically authorized by ordinance, no city official or
appointee shall intentionally or knowingly appear before the body of which the
official is a member while representing himself, or any other person, group,
association, interest, or business entity.
(d) No city official or employee shall intentionally or knowingly represent directly or
indirectly any private person, group, or interest other than himself or a family
member before any department, agency, commission or board of the City for
economic benefit or pecuniary gain.
(e) No city official, appointee, or employee shall vote on or participate in any
decision making process if the official or employee has a direct financial interest
in the outcome of the matter under consideration. No city official, appointee, or
employee shall vote on or participate in any decision making process on any
matter concerning real property or a business entity if the city official, appointee,
or employee has a substantial interest in the business entity or real property.
(f) No city official or employee shall intentionally or knowingly accept other
employment or engage in out side activities incompatible with the full and pro per
discharge of official duties and responsibilities, or which would tend to impair
independent judgment in the performance of said official duties.
(g) None of the foregoing shall be construed to prohibit any city official, appointee,
or employee from representing his interest in his owner -occupied homestead
before the council, board, commission or any department except for the body of
which the official is a member, or the department by which the employee is
employed.
(h) In any action or proceeding in the municipal court of the City which was instituted
by a city official or employee in the course of official duties, no city official shall
knowingly represent anyone other than himself or a fatmly member. If a council
member elects to have a trial in municipal court, the City Council, without the
participation of the affected council member, shall appoint a special judge to
preside over the trial.
(i) No city official shall act as a surety for any person or business entity that has any
contract with the City, or on any bond required by the City for any city official
or employee.
1.904 DISCLOSURE OF INTEREST
(1) If any city official or appointee has a substantial interest in any real property or business
entity involved in any decision pending before the body of which the city official or
appointee is a member, the city official or appointee shall not vote or otherwise participate
in the consideration of the matter.
(2) If any employee has a substantial interest in any real property or business entity involved
in any decision pending before the department by which the employee is employed, the
employee shall not participate in the consideration of the matter.
(3) In the case of a city official or appointee, the city official or appointee shall publicly
disclose, verbally or in writing, the nature and extent of such interest to the body on which
the city official or appointee serves prior to any discussion or determination of the matter
to be considered or immediately upon discovery of the conflict of interest. The statement
of disclosure shall be included in the official minutes of the body.
(4) In the case of an employee, the employee shall disclose such information in writing to the
employee's supervisor and to the city secretary prior to any consideration of the matter.
The city secretary shall keep a file of employee statements of disclosure and said file shall
be a public record of the City.
1.905 FINANCIAL DISCLOSURE
(I) No later than April 30th of each year, each city official shall file a sworn financial
disclosure statement with the city secretary reflecting the financial situation of the city
official as of December 31st of the previous year. Notwithstanding any other term or
provision of this Section, as used in this subsection:
(a) the term "family member" shall include only the city official, and the spouse and
the minor children of the city official;
(b) the term "substantial interest" shall include only the interests of the city official,
the spouse and minor children of the city official; and
(c) the annual financial disclosure statement shall not include the assets or property
of any person other than those of the city official, the spouse and minor children
of the city official.
(2) A newly employed or appointed city official shall file a sworn financial disclosure
statement with the city secretary within thirty (30) days from the date the position with the
city is assumed. Said statement shall reflect the financial situation as of date of employment
or appointment and for the previous twelve (12) months, provided, however, such city
official shall not be required to include in such statement the requirements of paragraphs
(4) (0, (g), and (h) of this subsection.
(3) Each candidate shall file a sworn financial disclosure statement with the city secretary
within fifteen (15) days of filing for office, reflecting the financial situation of the
candidate as of December 31st of the year previous to the election date.
(4) Each person required to file a financial disclosure statement shall do so on a form supplied
by the city which shall include the following information:
(a) The person's name, residence address, business address, telephone number, name
of all family members and all names under which the person or family member
does business.
(b) Identification by street address, and legal description of all real property located
within the city or its extraterritorial jurisdiction in which the person has a
substantial interest.
(c) Identification of each business entity owning property or doing business within the
city or its extraterritorial jurisdiction in which the person has a substantial interest.
(d) Identification of each person or business entity to whom the person or family
member owed a debt of ten thousand dollars ($10,000) or more during the
reporting period, but not including debts owed to persons related within the second
degree of consanguinity or affinity and excluding loans to a political campaign
which were reported as required by law; if repaid during the reporting period the
date of repayment shall be stated.
(e) Identification of each source of income amounting to ten (10) percent or more of
the person's or family member's gross annual income as defined by the United
States Internal Revenue Code.
(f) Identification of the donor of each gift of more than one hundred fifty dollars
($150.00) in value received by the person or family member, including the value
of the gift, where such donor has appeared before and requested action of the city
council during the reporting period.
(g) Identification of the donor of two or more gifts of an accumulated value of six
hundred dollars ($600.00) or more received by the person or family member,
where such donor has appeared before and requested action of the city council
during the reporting period.
(h) Identification of all individuals or business entities that:
(i) he or a business entity in which he has a substantial interest has bad
business dealings involving one or more transactions of five hundred
dollars ($500.00) or more each, for a total of twenty-five hundred dollars
($2,500) or more, and
(ii) have appeared before and requested action of the city council during the
reporting period.
Identification shall also be required of all individuals who have an ownership
interest of twenty-five (25) percent or more in a business entity as described in (i)
above and who appears before and requests some action on the part of the city
council, even though the action does not concern such business entity.
(5) The city secretary shall maintain all financial disclosure statements required to be filed
herein as public records and retain them for a period of three (3) years after which
statements shall be returned to the person filing them or be destroyed.
(6) A city official, appointee, or employee shall immediately and publicly identify, either
verbally on the record or in writing, all individuals or business entities that:
(a) he or a business entity in which he has a substantial interest or has had business
dealings involving one or more transactions of five hundred dollars ($500.00) or
more each, for a total of twenty-five hundred dollars ($2,500) or more within the
immediately preceding twelve (12) month period, and
(b) appear before and request some action of the City Council, board or commission
of which such reporting person is an advisor or member.
Such immediate identification shall also be required of all individuals who have an
ownership interest of twenty five percent (25%) or more in a business entity as described
in (a) above and who appear and requests some action on the part of the City Council,
board or commission, even though the action does not concern such business entity. Such
identification shall be made prior to any decision or determination of the matter or
immediately upon discovery of such business dealings.
(7) Within thirty (30) days of being appointed to the planning and zoning commission and on
each anniversary of that date, each member of such commission shall file with the city
secretary a sworn statement identifying by street address and legal description all real
property located within the city or its extraterritorial jurisdiction in which the member has
a substantial interest.
(8) Any person who appears before the city council or commission who has had business
dealings in the immediately preceding twelve (12) month period involving one or more
transactions of five hundred dollars ($500.00) or more each, for a total of twenty-five
hundred dollars ($2,500.00) or more, with a council member, commissioner, or business
entity in which a council member or commissioner has a substantial interest, shall disclose
such business dealings at the time of the appearance. Any person who shall intentionally
or knowingly fail to make the aforesaid disclosure shall be guilty of a misdemeanor and
shall be fined in accordance with Section 1.602 of this Code of Ordinances.
1.906 ETHICS REVIEW COMMISSION
(1) An Ethics Review Commission (commission) is hereby established to be composed of
seven (7) members, all of whom shall reside in the city.
(2) Each commission member shall be appointed by the city council and shall occupy a
position on the commission, such positions being numbered I through 7.
(3) The commission members shall be appointed to two (2) year staggered terms. Positions 1,
3, 5, and 7 shall expire on May 1, 1991, with successive two (2) year terms and positions
2, 4, and 6 shall expire on May 1, 1992, with successive two (2) year terms.
(4) All vacancies shall be filled for the unexpired term. A member shall hold office until his
successor has been appointed by the city council.
(5) The commission shall elect a chairman and a vice-chairman to one (1) year terms. The
vice-chairman shall act as chairman in the absence of the chairman.
(6) Four (4) or more members of the commission shall constitute a quorum, but no action of
the commission shall be of any force or effect unless it is adopted by the favorable vote
of four (4) or more members.
(7) The commission shall meet at least once a year to review this section and may make
recommendations to the city council for amendments hereto.
(8) The commission shall render advisory opinions on potential conflicts of interest or
violation of this section at the request of a city official, member of a city or commission,
or employee subject to the terms of this section. Such advisory opinion shall be rendered
within a reasonable time, but in no event later than thirty (30) days after a request
therefore is received by the commission.
(9) It shall be a defense to an alleged violation of this section 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.
(10) Independent legal counsel shall be utilized to advise the commission and participate in
hearings. The city council shall annually designate and retain independent counsel who
shall be a duly licensed attorney in the State of Texas.
1.907 DISPOSITION OF ALLEGED VIOLATIONS
(1) A sworn complaint based on personal knowledge alleging a violation (s) of this section
shall specify the provision (s) of this section alleged to have been violated, and shall name
the city official, candidate, or employee being charged.
THE STATE OF TEXAS
COUNTY OF WILLIAMSON .
TO: THE ETHICS REVIEW COMMISSION
OF THE CITY OF ROUND ROCK, 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 199
(insert date of the action, or omission, complained of)
(name of person complained against)
alan (insert appropriate designation: city official candidate. employee Board of
Commission Member) ofthe City of Round Rock, Texas, violated the following provisions)
of Chapter 1, §1.900, Code of Ordinances, City of Round Rock, Texas, to wit: (Speciyy b
Section Subsection and Paragraph number the provision(s) alleged violated) by
committing the following act, or omission, to -wit:
(Describe above, the action, or omission, alleged to violate each Code provision cited. You
may attach additional pages if more space is required.)
(2) Upon the aforesaid sworn complaint of any person being filed with the City Secretary's
office, or on its own initiative, the Commission shall consider possible violations of this
section by city officials, candidates and employees. A complaint shall not be deemed to
be filed on the initiative of the Commission save and except the complaint be signed and
sworn to by two (2) members of the Commission, one of which is the Chairman of the
Commission, after consultation with the legal counsel of the Commission. 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 a Commission
meeting at which such complaint is considered save and except that the Commissioner
filing the complaint may participate as a complainant at such meeting.
(3) A complaint alleging a violation of this section must be filed with the city secretary within
two (2) years from the commission of the action alleged as a violation, and not afterward.
(4) Not later than three (3) working days after the city secretary receives a sworn complaint,
the city secretary shall acknowledge the receipt of the complaint to the complainant, and
provide a copy of the complaint to the city attorney, the independent counsel, the
commission and the person complained against. Not later than ten (10) working days after
receipt of a complaint, the commission shall notify in writing 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 (20) working days of
receipt of the complaint, it shall notify the person who made the complaint of the reasons
for the delay and shall subsequently give him the appropriate notification.
(5) The commission may consider possible violations of this section on its own initiative.
Within seven (7) days of the commission's decision to consider a possible violation of this
section, the commission shall draft a written complaint specifying the provision (s) of this
section alleged to have been violated and shall file a copy with the city secretary, and
provide a copy to the city attorney, the independent counsel, and the person complained
against. Not later than fifteen (15) days after the drafting of the complaint, the commission
shall notify in writing the person complained against of the date for the preliminary
hearing.
(6) 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 staff liaison for the commission as to process, procedure and legal issues.
(7) As soon as reasonably possible, but in no event more than sixty (60) days after receiving
a complaint, the commission shall conduct a preliminary hearing.
(a) The issue at a preliminary hearing shall be the existence of reasonable grounds to
believe that a violation of this section has occurred. The person filing a complaint,
or the independent counsel in cases considered upon the commission's own
initiative, 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 city official or
employee named in the complaint.
(b) The city official or employee named in the complaint shall have the opportunity
to respond, but is not required to attend or make any statement. The official or
employee may describe in narrative form the testimony and other evidence which
would be presented to disprove the alleged violation. If the official or employee
agrees that a violation has occurred, he may so state and the commission may
consider the appropriate sanction.
(c) The complainant and the city official or employee named in the complaint shall
have the right of representation by counsel.
(d) At the conclusion of the preliminary hearing, the commission shall decide whether
a final hearing should be held; provided the commission may proceed to determine
the appropriate sanction if the charged city official, appointee, or employee does
not object and admits the charged violation, and the commission determines that
there are no fact issues to be resolved. If the commission determines that there are
reasonable grounds to believe that a violation of this section 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 section has occurred, the
complaint shall be automatically dismissed. A decision to conduct a final hearing
is not a finding that a violation has occurred.
(e) The commission, at any time during the preliminary hearing, may also dismiss a
complaint if the complaint does not allege conduct which would be a violation of
this section. Before a complaint is dismissed for failure to allege a violation, the
complainant shall be permitted one opportunity, within ten (10) days of such
preliminary hearing, to revise and resubmit the complaint.
(t) The complainant, the independent counsel, and the city official or employee
named in the complaint may ask the commission at a preliminary hearing to
request certain persons and evidence for a final hearing, if one is scheduled.
(8) Final Hearine
(a) The final hearing shall be held as expeditiously as possible following the
determination by the commission that there are reasonable grounds to believe that
a violation of this section has occurred, but in no event shall it be held more than
thirty (30) days after said determination. The commission may grant two (2)
10
postponements, not to exceed fifteen (15) days each, upon the request of the city
official or employee named in the complaint.
(b) The issue at a final hearing shall be whether a violation of this section has
occurred. The commission shall make its determination based on clear and
convincing evidence in the record. 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 section which
have been violated, and within five (5) working days shall deliver a copy of the
findings to the complainant, if any, the person named in the complaint and the city
secretary.
(c) If a complaint proceeds to a final hearing, the commission may request witnesses
to attend and testify, administer oaths and affirmations, take evidence and request
the production of books, papers, records, or other evidence needed for the
performance of the commission's duties or exercise of its powers, including its
duties and powers of investigation.
(9) Sanctions
(a) If the commission determines that a violation of this section has occurred, it shall
proceed directly to determination of the appropriate sanction(s). A violation of
this section shall not be subject to criminal penalties under the City Code. The
commission may receive additional testimony or statements before considering
sanctions, but is not required to do so. If the city official or city employee named
in the complaint acted in reliance upon a written opinion of the city attorney, the
commission shall consider that fact.
(b) If the commission determines that a violation has occurred, it may impose or
recommend the following sanctions:
(i) A letter of notification shall be the appropriate sanction when the violation
is clearly unintentional, or when the official or employee's conduct
complained of was made in reliance on a written opinion of the city
attorney. A letter of notification shall advise the official or employee to
whom it is directed of any steps to be taken to avoid future violations. The
commission may direct a letter of notification to any official or employee
covered by this section.
(ii) A letter of admonition shall be the appropriate sanction in those cases in
which the commission finds that the violation is minor and/or may have
been unintentional, but calls for a more substantial response than a letter
of notification. The commission may admonish any official or employee
covered by this section.
(iii) A reprimand shall be the appropriate sanction when the commission finds
that a violation has been committed intentionally or through disregard of
this section. The commission may reprimand any official or employee
covered by this section. A reprimand directed to a city official or board
or commission member shall also be sent to the city council. A reprimand
11
directed to an employee shall be sent to the city manager and included in
said employee's personnel file. A letter of reprimand directed to an
elected city official shall be transmitted to the city secretary and published
in the official newspaper of the city, and shall be sent to the city council.
(iv) 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 section has been committed
intentionally or through culpable disregard of this section by city
employees. A recommendation of suspension of city employees shall be
directed from the commission to the city manager. In such cases the final
authority to carry out such recommendations to suspend from employment
and the length of suspension shall be with the city manager.
(v) A letter of censure shall be the appropriate sanction when the commission
finds that a serious or repeated violations) of this section has been
committed intentionally or through culpable disregard of this section by
an elected city official. A letter of censure directed to an elected city
official shall be transmitted to the city secretary, published in the official
newspaper of the city and shall be sent to the city council.
II.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
B. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
C. The City Council hereby finds and declares that written
notice of the date, hour, place and subject of the meeting at which
this Ordinance was adopted was posted and that such meeting was
open to the public as required by law at all times during which
this Ordinance and the subject matter hereof were discussed,
12
considered and formally acted upon, all as required by the Open
Meetings Act, Chapter 551, Texas Government Code, as amended.
Alternative 1.
By motion duly made, seconded and passed with an affirmative
vote of all the Council members present, the requirement for
reading this ordinance on two separate days was dispensed with.
READ, PASSED, and ADOPTED on first reading this day
of , 2002.
Alternative 2.
nd
�REA�D and APPROVED on first reading this the �� day of
t ��,Q,�, 2002.
�REI/AI�D, APPROVED and ADOPTED on second reading this the
de— ay of 2002.
NYL ELL, Mayor
City of Round Rock, Texas
ATTEST: p
�l.
CHRISTINE R. MARTINEZ, City SecretEyy
13
For members of
Midlothian City Council, Boards and Commissions
Adopted by the Midlothian City Council
Introduction
The Midlothian City Council is the governing body for the City of Midlothian; therefore, it must
bear the initial responsibility for the integrity of governance. The council is accountable for its own
professional development (both as a group and as individuals), its responsibilities. its own
discipline and its own performance. The development of this policy is to ensure effective and
efficient government. All citizens and businesses of Midlothian are entitled to have fair, ethical and
accountable local government. which has earned the public's full confidence for integrity. In
keeping with the City of Midlothian's Commitment to Excellence, the effective functioning of
democratic government therefore requires that:
• Public officials. both elected and appointed, comply with both the letter and spirit or the laws
and policies affecting the operations of government;
• Public officials be independent, impartial and fair in their judgment and actions:
• Public office be used for the public good, not for personal gain; and
• Public deliberations and processes be conducted openly, unless legally confidential, in an
atmosphere of respect and civility.
In September of 1999 the Council appointed a three -member governance policy subcommittee to
prepare a policy for council review. This policy is developed according to Section 2.06 orthe City
of Midlothian Home Rule Charter that became effective on October 1, 1980. The policy was
adopted on June 22, 1999. To this end, the Midlothian City Council has adopted a code of Ethics
for its members and any appointed boards. commissions. advisory groups, and subcommittees.
Mission Statement
Based on recognition that stewardship of the public interest must be their primary concern,
members will work for the common good of the people of Midlothian and not for any private or
personal interest. and they will assure fair and equal treatment of all persons, claims and
transactions coming before the Midlothian City Council.
Comply with the Law
Members shall comply with the laws of the nation, the State of Texas and the City of Midlothian
and its Charter.
Mayor -City Council Relations
Mayoral and Council Responsibilities:
The Mayor shall be the official head of City government.
• The Mayor shall preside at all meetings of the Council. The Mayor Pro Tern shall preside in
his/her absence.
The Mayor may vote on all agenda items requiring Council action.
The Mayor shall preserve order and shall require Council members engaged in debate to limit
the discussion to the question under consideration.
• The Mayor has the authority to appoint, on an as -needed basis. various advisory committees, or
ad hoc task force. Ad hoc committees are formed on an as -needed basis with a clearly delined
purpose and term. Council shall confirm these appointments. These bodies shall carry no
authority.
• The Mayor shall be the spokesperson for the Council on all matters unless absent, at which time
his/her designee will assume the role.
• The Mayor. along with the Mayor Pro Tem, shall act as the official Council
Relations/Governance Subcommittee.
• Should a conflict arise among Council members that the Mayor could not resolve, then the Sub-
committee shall assemble. If the conflict cannot be resolved at Subcommittee level then the entire
Council shall assemble in Executive Session.
• Roberts's Rules of Order Newly Revised shall be observed as a general guide for parliamentary
procedure except where Council has superseded these rules.
City Council Responsibilities:
• Members shall perform their duties in accordance with the processes and rules of order
established by the City Council and board and commissions governing the deliberation of public
policy issues, meaningful involvement of the public, and implementation of policy decisions of the
City Council by City staff.
• Each member is encouraged to attend at least one Texas Municipal League sponsored
conference each year in an efTort to stay informed on issues facing municipalities.
• It is the responsibility of each council member to be informed about previous actions taken by
the council in their absence. This shall include gathering any information that may have been
presented during their absence.
Members shall prepare themselves for public issues; listen courteously and attentively to all
public discussions before the body, and focus on the business at hand. They shall refrain from
interrupting other speakers, making personal commnents not germane to the business of the body, or
otherwise interfering with the orderly conduct of meetings. Members shall refrain from abusive
conduct, personal charges or verbal attacks upon the character or motives of other members of
Council, boards and commissions, the staff or public.
• Any Councilmember may request the Mayor to enforce the rules established by the Council.
Should the Mayor fail to do so, a majority of the council members present can require hinn/her to do
SO.
When a Councilmember is appointed to serve as a liaison to a board, the Councilmember is
responsible for keeping the other Councilmembers equally informed of significant board activities.
Members shall publicly share substantive information that is relevant to a matter under
consideration by the Council or boards and commissions, which they may have received from
sources outside of the public decision making process.
• Members shall base their decisions on the merit and substance of the matter at hand, rather than
on unrelated considerations.
Members shall be responsible for periodic recommendations of appointments to boards or
commissions and appointments shall be approved by a majority vote of Council. It shall be a goal
of the Council to limit dual service on such boards or commissions except in extreme
circumstances. Extreme circumstances will be detennined by a majority vote of the Council.
Council Meetings:
Three types of meetings are recognized:
Regular Meetings — will be held the second and fourth Tuesday of each month. Meetings will be
held at the City of Midlothian Council Chambers and shall begin at 7:00 p.m. unless otherwise
posted. Every reasonable effort shall be made to ensure that these meetings are completed at a
reasonable hour.
Special Meetings — are subject to call by the Mayor, City Manager, or three members of the City
Council with notice given to the City Secretary.
Workshop Meetings— are subject to call by the Mayor. City Manager, or three members of the City
Council with notice given to the City Secretary. The time, place and purpose of these meetings
will be stated in each instance.
Agendas:
Y The Mayor, working with the City Manager, will determine what items of business shall come
before Council. An item not appearing on the agenda shall not be taken up for discussion during a
meeting.
■ Any council member may ask the Mayor to place an item on the agenda.
• Any item may be placed on the agenda at the request of three or more Councilmembers. The
Councilmembers requesting the agenda item shall be responsible for the presentation of that item
during the meeting. Any staff assistance should be requested through the City Manager's office.
Any member of city staff wishing to place an item on the agenda shall submit that item to the
City Manager's office for approval. The City Manager may establish procedures for submission of
items.
The agenda packets for all Regular Meetings will be delivered by staff five (5) days before the
regular meeting.
The City Secretary's office is responsible for seeing that notices for all meeting of the Council
comply with the Open Meetings Law.
Council and Staff Relations:
The City Manager shall be the chief executive and administrative officer of the City. (Ref Home
Rule Charter, dated. 1401/80 Sec. 5.03 for specific details).
Councilmembers shall make a reasonable attempt to direct questions about the Council Agenda
packet to the City Manager prior to the meeting. This will allow staff time to respond to the
Councilmembers concern and male every reasonable attempt to provide additional information
furnished to all Councilmembers.
I . The City Manager shall designate the appropriate staff member to address each agenda item and
shall insure that each presentation informs the Council on the issues that requires Council
action. The presentations shall be professional and timely and should list the options available
for resolving the issue.
2. The City Manager shall be directly responsible for providing equal information to all Council
members. Should the City Manager find his/her staff time is being dominated by a single
member, lie/she should inform the Mayor or a Council Relations Subcommittee member of the
concern.
3. The City Manager will be held responsible for the professional and ethical behavior for himself
and his/her staff.
4. All Councilmembers and staff members shall show respect and courtesy to each other and
citizens at all times.
5. The City Manager is responsible for seeing that all newly elected Councilmembers are provided
with a thorough orientation on staff procedures, municipal facilities and other information of -
interest to municipal officials.
6. As an expression of the standards of conduct for members expected by the City, the Midlothian
Code of Ethics is intended to be self -enforcing. It therefore becomes most effective when
members are thoroughly familiar with it and embrace its provisions. For this reason. ethical
standards shall be included in the regular orientations for candidates for City Council.
applicants or board and commissions, and newly elected and appointed officials. Members
entering office shall sign a statement affirming they read and understood the City of Midlothian
Code of Ethics. In addition. the City Council, boards and commissions shall annually review
the Code of Ethics, and the City Council shall consider recommendations from boards and
commissions and update it as necessary.
7. Consultants hired by the City shall be considered staff members for purposes of governance.
Updated 11/14/00
A. Code of Ethics
The office of an elected official is one of trust and service to the citizens of Midlothian. This
position creates a special responsibility for the Midlothian City Council member. The professional
and personal conduct of members must be above reproach and avoid even the appearance of
impropriety. In an effort to further these objectives, certain ethical principles shall govern the
conduct of every Councilmember, who shall:
a Be dedicated to the highest ideals of honor and integrity in all public and personal
relationships so that every member may merit the respect and confidence of the citizens of
Midlothian;
Recognize that the chief function of local govenmrent at all times is to serve the best
interest of all the people. Members shall respect the confidentiality of information concerning the
property, personnel or affairs of the City. They shall neither disclose confidential information
without proper legal authorizations, nor use such information to advance their personal, financial or
other private interests. Members shall not use public resources not available to the public in
general, such as city staff time, equipment, supplies or facilities, for private gain or personal
purposes;
Be dedicated to public service by being cooperative and constructive, and by making the
best and most efficient use of available resources;
Not take any special advantage of services or opportunities for personal gain, by virtue of
their public office that is not available to the public in general. They shall refrain from accepting
any gills, lavors or promises of future benefits, which compromise their independence of judgment
or action or give the appearance of being compromised;
Assure their independence and impartiality on behalf of the common good. Members shall
not use their official positions to influence government positions, which may give the appearance of
conflict of interest. Members shall represent the official policies or positions of the City Council,
board or commission to the best of their ability when designated as delegates for this purpose.
When presenting their individual opinions and positions, members shall explicitly state they do not
represent their body or the City of Midlothian, nor will they allow the inference that they do;
In accordance with the law, members shall disclose investments, interests in real property,
sources of income, and gills; and they shall abstain from participating in deliberations and decision -
making where conflicts may exist;
Recognize that public and political policy decisions, based on established values, are
ultimately the responsibility of the City Council;
m Conduct business in open, well -publicized meetings in order to be directly accountable to
the citizens of Midlothian. It is recognized that certain exceptions are made by the State for
Executive Sessions; however, any action as a result of that type of meeting will be handled later in
Open Session:
® Respect and adhere to the Council -Manager structure of Midlothian City government as
outlined by the Midlothian City Charter. Members therefore shall not interfere with the
administrative functions of the City or the professional duties of city staff. nor shall they
direct/intertere with the ability of staff to implement Council policy decisions;
Because of the value of the independent advice of boards and commissions to the public
decision -making process. refrain from using their position to unduly influence the deliberations or
outcomes of board of -commission proceedings;
Support the maintenance of a positive and constructive work place environment for city
employees and for citizens and businesses dealing with the City. Members shall recognize their
special role in dealings with city employees and in no way create the perception of inappropriate
direction to staff.
Compliance and Enforcement:
The Midlothian Code of Ethics expresses standards of ethical conduct expected for members of the
Midlothian City Council. boards and commissions. Members themselves have the primary
responsibility to assure that ethical standards are understood and met, and that the public can
continue to have fiill confidence in the integrity of government.
The chairs of boards and commissions and the Mayor have the additional responsibility to intervene
when actions are brought to their attention of members who appear to be in violation of the Code of
Ethics. Therefore. the City Council may impose sanctions on members whose conduct does not
comply with the City's ethical standards, such as reprimand, formal censure, loss of seniority or
committee assignment, or budget restriction. Under the City Charter, the City Council also may
remove members of boards and commissions from office. A violation of this Code of Ethics
shall be considered a basis for challenging the validity of a Council, board or commission decision.
MEMBER STATEMENT
As a member of the Midlothian City Council, Board or Commission. 1 do hereby agree to
uphold and abide by the Code of Ethics for elected and appointed officials, adopted by the
Citv and conduct myself -by the following model ofexcellence_ I will:
Recognize the worth of individual members and appreciate their individual talents,
perspectives and contributions;
Help create an atmosphere of respect and civility where individual members, City
staff and the public are free to express their ideas and work to their full potential;
Conduct my personal and public affairs with honesty. integrity, fairness and respect
for others:
Respect the dignity and privacy of individuals and organizations;
Keep the common good as my highest purpose and focus on achieving constructive
solutions for the public benefit;
Avoid and discourage conduct which is divisive or harmful to the best interests of
Midlothian;
Treat all people with whom I come in contact in the way I wish to be treated;
I affirm that I have read and understood the City of Midlothian Code of Ethics.
Name:
Signature:
Office Held:
(print)
Date:
nn
CITY OF TACOMA
Effective January 1, 1983
Amended October 2, 1990
Amended October 26, 1993
Amended May 3, 1994
Amended January 9, 2001
Amended June 27, 2006
Amended January 22, 2008
SECTIONS:
1.46.010
CITY OF TACOMA
Effective January 1, 1983
Amended October 2, 1990
Amended October 26, 1993
Amended May 3, 1994
Amended January 9, 2001
Amended June 27, 2006
Amended January 22, 2008
1.46.010
Purpose.
1.46.020
Definitions.
1.46.030
Prohibited conduct.
1.46.040
Complaint process.
1.46.045
Board of Ethics.
1.46.050
Penalties for noncompliance.
1.46.060
Where to seek review.
1.46.070
Severability.
1.46.080
Financial disclosure.
PURPOSE.
A. It is the policy of the City of Tacoma to uphold, promote, and demand the
highest standards of ethics from all of its employees and officials, whether
elected, appointed, or hired. City officers and employees shall maintain the
utmost standards of personal integrity, truthfulness, honesty, and fairness in
carrying out their public duties; avoid any improprieties in their roles as public
servants including the appearance of impropriety; and never use their City
position or powers for improper personal gain. It is further the policy of the
City that the public's right to know of complaints of violations of the Code of
Ethics by City -elected officials far outweighs any right that these matters
remain secret and private and that full access to information concerning the
interests that seek to influence governmental decision -making must be
assured as a fundamental and necessary precondition to the sound
governance of a free society-
B. It is the intention of the City Council that this chapter is liberally construed to
accomplish its purpose of protecting the public against decisions that are
affected by undue influence, conflicts of interest, or any other violation of this
Code of Ethics. In construing this chapter, City officials should be guided by
common sense and practicality. This Code of Ethics is supplemental to state
law, RCW 42.23, as now or hereafter amended.
1.46.020 DEFINITIONS.
The following words and phrases as used in this chapter, unless the context
clearly indicates otherwise, shall have the following meanings:
A. 'Business" means any corporation, partnership, sole proprietorship, firm,
enterprise, franchise, association, organization, self-employed individual,
consultant, holding company, joint stock company, receivership, trust, or any
legal entity organized for profit.
B. "City -elected official" means any person who is elected at a general or special
election to any public office of the City of Tacoma and any person appointed
to fill a vacancy in any such office.
C. "City officer or employee' means every individual appointed, hired, or
otherwise selected to an office, position, committee, board, task force, or
similar multi -member body with the City, or any subdivision thereof, whether
such individual is paid or unpaid; provided that "City officer or employee" shall
not mean or include a City -elected official.
D. "City official' means both a City -elected official and a City officer or employee.
E. "Compensation" means payment in any form for real or personal property or
services of any kind.
F. "Gift" means a voluntary transfer of real or personal property of any kind or
the voluntary rendition of services of any kind without consideration of equal
or greater value, but not including any reasonable hosting, including travel
expenses, entertainment, meals, or refreshments furnished in connection
with appearances, ceremonies, and occasions reasonably relating to official
City business, where otherwise permitted by law.
G. "Hearing Examiner" shall mean the duly appointed and qualified Hearing
Examiner or Deputy Examiner of the City of Tacoma, or his or her designee,
who shall possess qualifications comparable to those required of the Hearing
Examiner and Deputy Examiner pursuant to Chapter 1.23 of the Tacoma
Municipal Code ("TMC").
H. "Immediate family' shall have the meaning set forth in TMC Section 1.24.130.
I. 'Person" means any individual or corporation, business, or other entity,
however constituted, organized, or designated.
1.46.030 PROHIBITED CONDUCT.
The following shall constitute violations of this Code of Ethics:
A. General Prohibition Against Conflicts of Interest. In order to avoid
becoming involved or implicated in a conflict of interest or impropriety, or an
appearance of conflict of interest or impropriety, no current City official should
be involved in any activity that might be seen as conflicting with the conduct
of official City business or as adverse to the interests of the City. Even the
appearance of the following prohibited conduct alone may be sufficient to
constitute a violation of this Code of Ethics.
B. Beneficial Interests in Contracts Prohibited. No City official shall
participate in his or her capacity as a City official in the making of a contract
in which he or she has a financial interest, direct or indirect, within the
meaning of Section 6.6 of the Charter of the City of Tacoma, or performs in
regard to such a contract some function requiring the exercise of discretion
on behalf of the City. Except, that this prohibition shall not apply where the
City official has only a remote interest in the contract, and where the fact and
extent of such interest is disclosed and noted in the official minutes or similar
records of the City prior to formation of the contract, and thereafter the City
Council authorizes, approves, or ratifies the contract in good faith by a vote of
its membership sufficient for the purpose without counting the vote or votes of
the officer(s) having the remote interest. For purposes of this section, a
"remote interest" means:
1. That of a non -salaried officer of a nonprofit corporation;
2. That of an employee or agent of a contracting party where the
compensation of such employee or agent consists entirely of fixed wages
or salary;
3. That of a landlord or tenant of a contracting party;
4. That of a holder of less than 1 percent of the shares of a corporation,
limited liability company, or other entity which is a contracting party.
C. Beneficial Influence in Contract Selection Prohibited. No City official
shall influence the City's selection of, or its conduct of business with, a
corporation, person, or firm having or proposing to do business with the City if
the City official has a financial interest in or with the corporation, person, or
firm, unless such interest is a remote interest and where the fact and extent
of such interest is disclosed and noted in the official minutes or similar
records of the City prior to formation of the contract, as defined in the
preceding section.
D. Representation of Private Person at City Proceeding Prohibited. No City
official shall appear on behalf of a private person, other than himself or
herself or an immediate family member or except as a witness under
subpoena, before any regulatory governmental agency or court of law in an
action or proceeding to which the City or a City official in an official capacity is
a party, or accept a retainer or compensation that is contingent upon a
specific action by the City.
E. Certain Private Employment Prohibited. No City official shall engage in or
accept private employment, or render services for, any private interest when
such employment or service is incompatible with the proper discharge of
official duties or would tend to impair independence of judgment or action in
the performance of official duties.
F. Beneficial Interest in Legislation Prohibited. No City official, in appearing
before the City Council or when giving an official opinion before the City
Council, shall have a financial interest in any legislation coming before the
City Council and participate in discussion with or give an official opinion to the
City Council, unless such interest is a remote interest and where the fact and
extent of such interest is disclosed and noted on the record of the Council, or
similar records of the City, prior to consideration of the legislation by the City
Council.
G. Disclosure of Confidential Information Prohibited. No City official shall
disclose or use any confidential, privileged, or proprietary information gained
by reason of his or her official position for a purpose which is for other than a
City purpose; provided, that nothing shall prohibit the disclosure or use of
information which is a matter of public knowledge, or which is available to the
public on request.
H. Improper Use of Position Prohibited. No City official shall knowingly use
his or her office or position to secure personal benefit, gain or profit, or use
his or her position to secure special privileges or exceptions for himself,
herself, or for the benefit, gain, or profits of any other persons.
I. Improper Use of City Personnel Prohibited. No City official shall employ
or use any person under his or her official control or direction for the personal
benefit, gain, or profit of the City official or another.
J. Improper Use of City Property Prohibited. No City official shall use
City -owned vehicles, equipment, materials, money, or property for personal
or private convenience or profit. Use is restricted to such services as are
available to the public generally, for the authorized conduct of official
business, and for such purposes and under such conditions as are approved
by administrative order of the City Manager or Director of Public Utilities;
provided, the use of a City vehicle by a City official participating in a
carpooling program established by the City, and for a purpose authorized
under such program, shall not be considered a violation of this section or of
any other provision of this chapter.
K. Acceptance of Compensation, Gifts, Favors, Rewards, or Gratuity
Prohibited. No City official may, directly or indirectly, give or receive, or
agree to give or receive, any compensation, gift, favor, reward, or gratuity for
a matter connected with or related to the City official's services with the City
of Tacoma, except this prohibition shall not apply to:
1. Attendance of a City official at a hosted meal when it is provided in
conjunction with a meeting directly related to the conduct of City business
or where official attendance by the City official as a City representative is
appropriate;
2. An award publicly presented in recognition of public service; or
3. Any gift valued at $50 or less, which cannot reasonably be presumed to
influence the vote, action, or judgment of the City official or be considered
as part of a reward for action or inaction.
L. Impermissible Conduct After Leaving City Service.
1. Disclosure of Privileged, Conridential, or Proprietary Information
Prohibited. No former City official shall disclose or use any privileged,
confidential, or proprietary information gained because of his or her City
employment or office.
2. Participation in City Matters Prohibited. No former City official shall,
during the period of one year after leaving City office or employment:
a. Assist any person in matters involving the City if, while in the course
of duty with the City, the former City official was officially involved in
the matter, or personally and substantially participated in the matter,
or acted on the matter.
b. Represent any person as an advocate in any matter in which the
former City official was involved while a City official; or
c. Participate as or with a bidder, vendor, or consultant in any
competitive selection process for a City contract in which he or she
assisted the City in determining the project, or work to be done, or the
process to be used.
3. Duty to Inform. Whenever a City official wishes to contract with a former
City official for expert or consultant services within one year of the latter's
leaving City service or office, advance notice shall be given to the City
Manager for matters concerning City government, or the Director of
Public Utilities for matters concerning the Department of Public Utilities,
about the proposed agreement.
4. Exceptions. The prohibitions of subsections 2.a and 2.b of this section
shall not apply to a former City official acting on behalf of a governmental
agency, unless such assistance or representation is adverse to the
interest of the City.
1.46.040 COMPLAINT PROCESS.
A. Subsections E, G, and I herein shall expire and be of no force or effect as of
12:01 a.m. on the 1 st day of January, 2007, except as to any complaints of a
violation of the Code of Ethics previously received by the Hearing Examiner
and for which no final disposition has been implemented in accordance with
the provisions of this Code of Ethics.
B. A complaint that this Code of Ethics has been violated may be filed with any
City official, including, without limitation, the City Manager, the Director of
Public Utilities, the Mayor, any member of the City Council or Utility Board,
any member of the Board of Ethics, the City Clerk, the Hearing Examiner, or
the City Attorney.
C. No person shall knowingly file a false complaint or report of violation of this
Code of Ethics.
D. Except as otherwise provided herein, any City official knowingly receiving a
complaint that this Code of Ethics has been violated has an obligation to
promptly forward the complaint, in writing, to the City Manager for matters
concerning City government or any matters concerning a member of a City
board, commission, committee, task force, or other multi -member body, or
the Director of Public Utilities for matters concerning the Department of Public
Utilities, whomever may be appropriate. The City Manager or the Director of
Public Utilities, as appropriate, shall promptly designate an individual to
conduct an investigation of the complaint.
E. Any City official knowingly receiving a complaint that the Code of Ethics has
been violated by a City -elected official, a member of the Utility Board, the
Director of Public Utilities, or the City Manager, has an obligation to promptly
forward the complaint, in writing, to the Hearing Examiner who shall refer the
complaint to the City Council for review of the complaint and initiation of an
independent investigation and preparation of a report to be made to the City
Council.
F. The person designated by the City Manager or the Director of Public Utilities
to conduct an investigation shall complete the investigation and prepare
written findings, conclusions, and recommended disposition within 60 days of
the date the complaint was received by the City Manager or the Director of
Public Utilities, unless an extension is granted in writing by either the City
Manager or the Director of Public Utilities. A copy of the investigator's written
findings, conclusions, and recommended disposition shall be provided to the
City Manager or the Director of Public Utilities, as appropriate.
G. The person designated by the City Council to conduct an investigation shall
complete the investigation and prepare written findings, conclusions, and
recommended disposition within 60 days of the date the complaint was
received by the Hearing Examiner unless an extension is granted in writing
by the City Council. A copy of the investigator's written findings, conclusions,
and recommended disposition shall be provided to the City Council.
H. Within five business days of receipt of the investigator's written findings,
conclusions, and recommended disposition, the City Manager or the Director
of Public Utilities, as appropriate, shall cause to be prepared a written
disposition of the complaint. Copies of the recommended disposition and the
investigation findings and conclusions shall be forwarded by certified mail to
the complaining party and the party complained against at their last known
addresses. Additional copies of the recommended disposition shall be
forwarded to the investigator, the City Attorney or the City Attorney's
designee, and the person(s) responsible for acting on the recommended
disposition. The recommended disposition shall not be implemented until the
time for requesting a formal hearing, pursuant to Section J below, has lapsed
and no such hearing has been requested. A disposition involving discipline
shall not be implemented except upon compliance with the predisciplinary
procedures to which the City officer or employee is entitled.
On or before the third City Council meeting following receipt of the
investigator's written findings, conclusions, and recommended disposition,
the City Council shall adopt written findings, conclusions, and a disposition.
Copies of the findings, conclusions, and disposition of the City Council shall
be forwarded by certified mail to the complaining party and the party
complained against at their last known addresses. Additional copies of the
findings, conclusions, and disposition shall be forwarded to the investigator
and the City Attorney or the City Attorney's designee. The recommended
disposition shall not be implemented until the time for requesting a hearing or
review has lapsed and no such hearing or review has been requested. A
disposition involving discipline shall not be implemented except upon
compliance with the predisciplinary procedures to which the City officer or
employee is entitled.
Except with regard to actions taken pursuant to TMC 1.46.050.C, the person
complained against may, within ten business days following the date of the
disposition, finding a violation of this Code of Ethics, request in writing a
formal hearing before the Hearing Examiner. In the event a formal hearing is
requested, the Hearing Examiner shall conduct the hearing process in a
manner consistent with the procedures set forth in TMC Chapter 1.23;
provided that, in the event of a request for a formal hearing by the City
Manager or a City -elected official, a Hearing Examiner pro tem shall be
designated to conduct and preside over the formal hearing process. A
decision of the City Council to remove a member of a City board,
commission, committee, task force, or other multi -member body from office
shall not be subject to review by the Hearing Examiner if the City Council has
determined that its decision to remove such person from office will not be
subject to review.
K. Within 30 days after the conclusion of the hearing, the Hearing Examiner
shall, based upon a preponderance of the evidence, prepare findings of fact,
conclusions of law, and his or her order or recommendation. Copies of the
Hearing Examiner's findings, conclusions, and order or recommendation shall
be forwarded by certified mail to the complaining party and the party
complained against at their last known addresses. Additional copies of the
findings, conclusions, and order shall be forwarded to the investigator, the
City Attorney or the City Attorney's designee, and the person(s) or body
responsible for acting on the Hearing Examiner's order or recommendation.
(Ord. 27504 § 4; passed Jun. 27, 2006: Ord. 26768 § 1; passed Jan. 9, 2001)
1.46.045 Board of Ethics.
A. Purpose, Creation. There is hereby created a Board of Ethics to receive,
investigate, and make recommendations for disposition of complaints of
violation of the Code of Ethics by the City Manager, the Director of Public
Utilities, a member of the Public Utility Board ("Utility Board"), or a
City -elected official.
B. Composition.
The Board of Ethics shall be composed of five regular members and one
alternate member who are residents of the City appointed by majority
vote of the City Council upon recommendation by the City Council
Appointments Committee. The alternate member shall fill in for a regular
member, as set forth in the Board's written rules. Members of the Board
shall serve without compensation and shall not, except for their
appointment as a member of the Board of Ethics, be a City official or hold
public office.
2. Board members shall serve staggered terms of three years. The initial
terms shall be one year for the first member appointed, two years for the
second and third members appointed, and three years for the fourth and
fifth members appointed. No person shall serve more than two
consecutive full terms as a member of the Board. A member shall hold
office until a member's successor is appointed; provided that, the term of
the successor shall be deemed to have commenced upon the expiration
of the term of the member holding over and shall be considered a full
term.
3. Appointments to a vacant position shall be made in the same manner as
appointments for a full term.
4. The Board shall select its own presiding officer from among its members.
5. The City Manager shall provide such staff support for the Board as the
City Council determines to be necessary for the Board to fulfill its duties.
6. The Board's deliberations and actions upon request shall be in meetings
open to the public in accordance with the Open Public Meetings Act.
7. The City Attorney is designated to be the legal advisor for the Board,
except that the City Attorney is not authorized to advise the Board in any
matter if doing so would create a conflict which would prevent the City
Attorney from also representing a City -elected official, the Director of
Public Utilities, or the City Manager, or when the person alleged to have
violated the Code of Ethics is the City Manager, the Director of Public
Utilities, or a City -elected official-
C. Duties and Powers of the Board.
1. The Board shall, in addition to its other duties:
a. Adopt written rules governing its procedures and providing for the
holding of regular and special meetings, which rules shall be subject
to the approval of the City Council, and a copy of the rules shall be
filed with the City Clerk; and
b. Administer oaths; and
c. Conduct hearings, as needed, to hear and decide specific cases in
which a violation of the Code of Ethics is alleged, whether such cases
arise from a complaint or are brought on the Board's own motion; and
d. No later than March 1 of each year, submit an annual report to the City
Council concerning its action in the preceding year. The report shall
contain a summary of its decisions and opinions, both open and
confidential, and the Board shall make any alterations in the
summaries necessary to prevent disclosure of any confidential
information pertaining to any individual or to any organization if the
disclosure could lead to the disclosure of the identity of a person who
is entitled to confidentiality; and
e. When circumstances make it necessary to do so, retain outside legal
counsel and other experts, as needed, after solicitation of
recommendations from the City Attorney, unless the need to retain
outside counsel is caused by a conflict involving the City Attorney's
Office, and upon approval by the City Council of a contract for
services approved as to form by the City Attorney; and
f. Serve as legal custodian of the Board's records and accept, file,
maintain, and administer, in accordance with all applicable laws, any
information related to the purposes of this Code of Ethics.
2. All open opinions of the Board shall be filed with the City Clerk and are
open to public inspection. To the extent permitted by law, confidential
opinions and any records obtained or filed in connection with requests for
confidential opinions, whether the records are written, tape-recorded,
videotaped, or otherwise recorded, shall be kept confidential; and
confidential advisory opinions rendered, to the extent permitted by law,
shall be closed in whole to public inspection. Confidential opinions and
summaries of them or open references to them shall be drafted in such a
way as not to reveal confidential information.
3. The Board may, in addition to its other duties:
a. respond, as it deems appropriate, to requests from City -elected
officials, members of the Utility Board, the Director of Public Utilities,
and the City Manager, for confidential advisory opinions, to the extent
allowed by law, the Board may decline to render an opinion in
response to any request for an advisory opinion;
b. render and publish formal opinions on any matter within the scope of
the Board's authority which it may deem appropriate. The Board may
initiate opinions on its own motion or upon request; any formal opinion
shall be in writing; and
c. at the request of a City -elected official, a member of the Utility Board,
the Director of Public Utilities, or the City Manager, the City Attorney
may render an informal opinion with respect to the application of the
Code of Ethics to the prospective conduct of such person. An
informal opinion need not be written and may be provided directly to
the requestor of such opinion. Nothing in the Code of Ethics shall be
construed to prohibit a request for an informal opinion by any City
official from the City Attorney regarding a potential conflict of interest.
Neither a request for an informal opinion nor the making of a
statement concerning a potential conflict of interest made by a
City -elected official or member of the Utility Board in the course of
abstaining from voting or making a motion of self-recusal, shall create
a presumption or inference that such City -elected official actually or
member of the Utility Board has a personal interest in the matter
about which the opinion was requested. If the City Attorney elects to
render an informal opinion, the City Attorney may, within a reasonable
time, submit a written summary of the opinion to the Board for the
Board's information; if the City Attorney declines to render an informal
opinion, nothing shall preclude the person requesting the opinion from
requesting the Board for an opinion.
D. Complaint Process.
1. The provisions set forth in this subsection D shall be effective as of 12:01
a.m. on the 1st day of January, 2007.
2. Any City official knowingly receiving a complaint that the Code of Ethics
has been violated by a City -elected official, a member of the Utility Board,
the Director of Public Utilities, or the City Manager, has an obligation to
promptly forward the complaint, in writing, to the Board or its designee.
3. The Board, upon receipt of the complaint, shall acknowledge receipt of the
complaint, forward the complaint simultaneously to the person who is
complained against, if known, and the City Attorney, and promptly meet
and review the complaint, and, if necessary, designate an individual to
conduct an independent investigation of the complaint.
4. The person designated to conduct an investigation of a complaint shall
complete the investigation and prepare written findings, conclusions, and
recommended disposition within 60 days of the date the complaint was
received by the Board, unless an extension is granted in writing by the
Board. A copy of the written investigation findings, conclusions, and
recommended disposition shall be provided to the Board.
5. Within ten business days of receipt of the investigator's written findings,
conclusions, and recommended disposition, the Board shall convene and
review the complaint, findings, conclusions, and recommended
disposition. As soon as practicable after giving due consideration to a
complaint, or, if a hearing was held, after the hearing, the Board shall take
any action or combination of actions which it deems appropriate and
which it is lawfully empowered to take, including, but not limited to the
following:
a. dismiss the complaint based on any of the following grounds: (i) the
complaint does not allege facts sufficient to constitute a violation of
the Code of Ethics; or (ii) the Board has no jurisdiction over the
matter; or (iii) failure of the complainant to cooperate in the Board's
review and consideration of the complaint; or (iv) the complaint is
defective in a manner which results in the Board being unable to
make any sound determination; or
b. determine that no violation of the Code of Ethics has occurred, or
c. determine that the complaint alleges facts sufficient to constitute a
violation of the Code of Ethics, in which case the Board shall promptly
send written notice of such determination to the accused and to the
party who made the complaint; or
d. determine that further information must be obtained in order for the
Board to determine whether the complaint alleges facts sufficient to
constitute a violation of the Code of Ethics; and (i) request the
investigator to further investigate the complaint and report all findings
back to the Board; or (ii) schedule the complaint for further review and
consideration at a future time certain, in which case the Board shall
promptly send written notice of such determination to the accused and
to the party who made the complaint; or (iii) set a public hearing to
take testimony and evidence regarding the alleged violation of the
Code of Ethics; or (iv) refer the complaint to any appropriate
authorities for criminal investigation or prosecution; or (v) refer the
complaint along with the Board's findings and conclusions, to an
appropriate authority for disciplinary action or other suitable remedial
action.
6. After the Board has made its final determination, the Board shall issue its
written findings of fact, conclusions, and recommended disposition and
may issue any additional reports, opinions, and recommendations as it
deems advisable under the circumstances. All such reports shall be in
compliance with all state and City laws governing confidentiality, open
government, and torts. All such reports shall be reviewed by the City
Attorney or independent legal counsel in the event of a conflict of interest
prior to their issuance.
7. Copies of the written findings of fact, conclusions, and recommended
disposition of the Board of Ethics shall be forwarded by certified mail to
the complaining party and the party complained against at their last
known addresses. Additional copies of the written findings of fact,
conclusions, and recommended disposition of the Board of Ethics shall be
forwarded to the investigator, the City Attorney or the City Attorney's
designee, the City Council for matters involving a City -elected official, a
member of the Public Utilities Board, or the City Manager and the Public
Utilities Board, for matters involving the Director of Public Utilities. The
disposition shall not be implemented until the time for requesting a
hearing or review has lapsed and no such hearing or review has been
requested.
E. Limitations on Board's Power. The Board does not have the authority to
reverse or otherwise modify a prior action of a City official. If the Board finds
a prior action of a City official to have been performed in violation of the Code
of Ethics, the Board may advise the appropriate party or parties that the
action should be reconsidered. Upon such advice by the Board, the action
shall be reconsidered by the appropriate person or public body. If the Board
determines an existing City contract to be in violation of the Code of Ethics
after such determination and advice from the Board, the City may void or
seek termination of the contract if legally permissible. The Board may refer a
matter to the City Attorney or independent legal counsel, in the event of a
conflict, for review and consideration for appropriate action. Upon completion
of review and consideration, the City Attorney's Office shall report its findings
to the Board.
F. Ex Parte Communications. After a complaint has been filed and during the
pendency of a complaint before the Board, no member of the Board may
communicate directly or indirectly with any party or other person about any
issue of fact or law regarding the complaint, except that:
1. the members of the Board may obtain legal advice from the City Attorney
or, in the event of a conflict, with independent legal counsel and may
discuss the complaint with their staff, and
2. the members of the Board may discuss the complaint at a lawfully
conducted meeting. If any person attempts to communicate with a Board
member regarding the pending complaint, the Board member shall report
the substance of the communication to the Board on the public record at
the next regular meeting of the Board-
G. Statute of Limitations. No action may be taken on any complaint which is
filed later than three years after a violation of the Code of Ethics is alleged to
have occurred. (Ord. 27687 Ex. A; passed Jan. 22, 2008: Ord. 27504 § 5;
passed Jun. 27, 2006)
1.46.060 PENALTIES FOR NONCOMPLIANCE.
A. The City Manager, Director of Public Utilities, Tacoma Public Utility Board, or
City Council, as appropriate, may impose upon any person found, by a
preponderance of the evidence, to have violated any provision of this Code of
Ethics any combination of the following penalties:
1. A cease and desist order as to violations of this Code of Ethics;
2. An order to disclose any reports or other documents or information
requested by the City Manager, the Director of Public Utilities, the
Hearing Examiner, the Public Utility Board, the City Council, or the Board
of Ethics;
3. Discipline, up to and including termination or removal from any position,
whether paid or unpaid, excluding elected positions, only after notice and
hearing as provided by law. The pre -disciplinary procedure set forth in
the provisions of the Charter and TMC 1.24.955 shall be followed for
permanent employees in the Classified City Service.
4. Exclusion from bidding on City contracts for a period of up to five years;
and/or
5. Termination or invalidation of contract(s) entered into in violation of the
Code of Ethics, only if such contract(s) provide for termination in the
event of a Code of Ethics violation.
B. Removal — Member of Board, Commission, or Committee. In addition to
any other penalties that may be imposed under this chapter and
notwithstanding any other provisions of City ordinance, the City Council may,
for cause and by a majority vote of the City Council, remove from office any
person who is currently a member of a City board, commission, committee,
task force, or other multi -member body. Prior to implementation of such
removal, the City Council shall provide notice to the person subject to
removal and hold a public hearing. The findings and conclusions and
disposition of the City Council shall be based upon evidence in the record. In
the event of an appeal to the Hearing Examiner, the recommendation of the
Hearing Examiner shall be subject to review and final, non -reviewable
disposition by the City Council. The provisions of this section shall
supplement any other procedures required by the Tacoma City Charter or
other applicable state or federal law for removal of such persons.
C. In addition to any other penalties set forth in this chapter, any current or
former City -elected official against whom a complaint has been made and
whom the City Council determines to be found by a preponderance of the
evidence to have violated the Code of Ethics may be subject to any one or
more of the following actions by a majority vote of the City Council:
1. Admonition. An admonition shall be a verbal statement approved by the
City Council and made to the individual by the Mayor, or his or her
designee, or if the complaint is against the Mayor, the Deputy Mayor, or
his or her designee.
2. Reprimand. A reprimand shall be administered to the individual by a
resolution of reprimand by the City Council. The resolution shall be
prepared by the City Council and shall be signed by the Mayor or, if the
complaint is against the Mayor, the Deputy Mayor. If the City -elected
official objects to the content of such resolution, he or she may file with
the Mayor or, if the complaint is against the Mayor, the Deputy Mayor, a
request for review stating the reasons for his or her objections and asking
for a review of the content of the resolution of reprimand by the City
Council. The City Council shall review the resolution of reprimand in light
of the City Council's findings and the request for review and may take
whatever action, if any, appears appropriate under the circumstances.
The action of the City Council shall be final and not subject to further
review or appeal except as may be otherwise provided by law.
3. Censure. A resolution of censure shall be a resolution read personally to
the individual in public. The resolution shall be prepared by the City
Council and shall be signed by the Mayor or, if the complaint is against
the Mayor, the Deputy Mayor. The City -elected official shall appear at a
City Council meeting at a time and place directed by the City Council to
receive the resolution of censure. Notice shall be given at least 20
calendar days before the scheduled appearance, at which time a copy of
the proposed resolution of censure shall be provided to the City -elected
official. Within seven days of receipt of the notice, if the City -elected
official objects to the contents of such resolution, he or she may file with
the Mayor or, if the complaint is against the Mayor, the Deputy Mayor, a
request stating the reasons for objections and asking for a review of the
content of the proposed resolution of censure by the City Council. Such
request will stay the administration of the censure. The City Council shall
review the proposed censure in light of the City Council's findings and the
request for review and may take whatever action, if any, appears
appropriate under the circumstances. The action of the City Council shall
be final and not subject to further review or appeal except as may be
otherwise provided by law. If no such request is received, the resolution
of censure shall be administered at the time and place set. It shall be
read publicly, and the City -elected official shall not make any statement in
support of or in opposition thereto, or in mitigation thereof. A censure
shall be administered at the time it is scheduled whether or not the
individual appears as required.
4. Other penalties. Budget reduction or restriction, loss of seniority, loss of
a committee assignment, or loss of appointment as a representative of
the City on any board, commission, committee, task force, or other
multi -member bodies which require an appointment or confirmation of an
appointment by the City Council.
If the City -elected official objects to the action taken by the City Council,
he or she may file a request with the Mayor or, if the complaint is against
the Mayor, the Deputy Mayor, stating the reasons for his or her objections
and asking for a review of the action taken. The City Council shall review
the action taken in light of the City Council's findings and request for
review and may take whatever further action, if any, appears appropriate
under the circumstances. The action of the City Council shall be final and
not subject to further review or appeal except as may be otherwise
provided by law. (Ord. 27504 § 6; passed Jun. 27, 2006: Ord. 26768 § 1;
passed Jan. 9, 2001)
1.46.060 WHERE TO SEEK REVIEW.
A. Cease and Desist Order. If ordered to cease and desist violating this Code
of Ethics, an affected party may seek review by writ of review from the Pierce
County Superior Court pursuant to RCW 7.16, or other appropriate legal
action.
B. Public Disclosure. If ordered to disclose any documents or papers pursuant
to this Code of Ethics, an affected party may seek review by writ of review
from the Pierce County Superior Court pursuant to RCW 7.16, or other
appropriate legal action.
C. Civil Penalty. If ordered to pay a civil penalty, an appeal may be taken in the
form of a trial de novo in the Tacoma Municipal Court, which shall hear the
case according to the Civil Rules for Courts of Limited Jurisdiction (CRLJ)
and applicable local rules of the Tacoma Municipal Court. This appeal shall
be taken by filing in the Tacoma Municipal Court a notice of appeal within
14 days of the date of the final written order. The person filing the appeal
shall also, within the same 14 days, serve a copy of the notice of appeal on
the person who issued the final written order and the City Attorney, or his or
her designee, and file an acknowledgment or affidavit of service in the
Tacoma Municipal Court.
D. Discipline or Removal. If an employee or officer is disciplined or removed
from office, then the person disciplined or removed from office may seek
whatever remedies exist at law or in equity.
E. Exclusion from Public Bidding. If ordered to be excluded from bidding on
public contracts and the exclusion actually occurs, the person excluded may
seek whatever remedies exist at law or in equity.
F. Termination of Contract(s). If termination of contract(s) is ordered, the
person whose contract(s) was/were terminated may seek whatever remedies
exist at law or in equity. (Ord. 26768 § 1; passed Jan. 9, 2001)
1.46.070 SEVERABILITY.
If any section, subsection, paragraph, sentence, clause, or phrase of this chapter is
for any reason held to be invalid or unconstitutional, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of the remaining
portions of this chapter. (Ord. 26768 § 1; passed Jan. 9, 2001)
1.46.080 FINANCIAL DISCLOSURE.
All persons presently required to file reports under the public disclosure law of
the state of Washington shall, upon assuming any City office or position, file with
the City Clerk a true and correct copy of the completed report required to be filed
under state law. (Ord. 26768 § 1; passed Jan. 9, 2001)
ORDINANCE NO. 05-04-07-10
CODE OF ETHICS
AN ORDINANCE OF THE CITY OF CORINTH, TEXAS ADOPTING A CODE OF
ETHICS APPLICABLE TO OFFICERS AND ADVISORY BOARD MEMBERS
WITHIN THE CITY; PROVIDING STANDARDS OF CONDUCT FOR SUCH
OFFICERS, AND ADVISORY BOARD MEMBERS; REQUIRING THE
DISCLOSURE OF CONFLICTS OF INTEREST; PROVIDING FOR THE
RENDERING OF ADVISORY OPINIONS BY THE CITY ATTORNEY;
PROVIDING FOR ENFORCEMENT AND PENALTIES FOR VIOLATIONS
HEREOF; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
FOR PUBLICATION IN PAMPHLET FORM; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Corinth, Texas, is a home rule city acting under its charter adopted by the
electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local
Government Code; and
WHEREAS, the City Council of the City of Corinth deems it necessary and advisable to adopt a
Code of Ethics applicable to the conduct of officers and advisory board members while acting in their
official capacities in representing the City of Corinth.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORINTH,
TEXAS:
SECTION 1
DECLARATION OF POLICY
It is hereby declared to be the policy of the City of Corinth that the proper operation of democratic
government requires that public officials and employees be independent, impartial and responsible only
to the people of the city; that governmental decisions and policy should be made in the proper channels
of the governmental structure; that no officer or member of any advisory board, commission or committee
should 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 or her duties in the public interest; that the public office and public employment are positions of
public trust imposing the duty of a fiduciary upon all 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. To
implement such a policy, the city council deems it advisable to enact this code of ethics for all officers
and advisory board members, whether elected or appointed, paid or unpaid, to serve not only as a guide
for official conduct of the city's public servants, but also as a basis for discipline for those who refuse to
abide by its terms. This code of ethics is cumulative of other ordinances, city charter provisions and
state statutes defining and prohibiting conflicts of interest.
SECTION 2
DEFINITIONS
For the purposes of this code of ethics the following words and phrases shall have the meanings
ascribed to them by this section.
Advisory board shall mean an advisory board, commission or committee of the city.
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55 Business Entity shall mean a sole proprietorship, partnership, firm, corporation, association,
56 holding company, jointstock company, receivership, trust, or any other entity recognized by law.
57
58 Knowingly. A person acts knowingly, or with knowledge, with respect to the nature of his or her
59 conduct or to circumstances surrounding his or her conduct when he is aware of the nature of his or her
60 conduct or that the circumstances exist. A person acts knowing, or with knowledge, with respect to a
61 result of his or her conduct when he is aware that his or her conduct is reasonably certain to cause the
62 result.
63
64 Officer shall mean any member of the city council and any member of an advisory board,
65 commission or committee established by ordinance, charter or state law; provided, no member of an
66 advisory board shall be deemed an officer of the city.
67
68 Substantial interest.
69
70 A. A person has a substantial interest in a business entity if:
71 1. The interest is ownership of ten (10) percent or more of the voting stock or shares
72 of the business entity or ownership of either ten (10) percent or more or fifteen
73 thousand dollars ($15,000.00) or more of the fair market value of the business
74 entity (see Section 171.002, Texas Local Government Code); or
75 2. Funds received by the person from the business entity exceed ten (10) percent of
76 the person's gross income for the previous year (see Section 171.002, Texas
77 Local Government Code); or
78 3. The person holds a position of member of the board of directors or other governing
79 board of the business entity; or
80 4. The person serves as an elected officer of the business entity; or
81 5. The person is an employee of the business entity; or
82 6. The person is a creditor, debtor or guarantor of the business entity in the amount
83 of five thousand dollars ($5,000.00) or more; or
84 7. Property of the person has been pledged to the business entity or is subject to a
85 lien in favor of the business entity in the amount of five thousand dollars
86 ($5,000.00) or more.
87
88 B. A person does not have a substantial interest in a business entity if:
89 1. The person holds a position as a member of the board of directors or other
90 governing board of a business entity; and
91 2. The person has been designated by the city council to serve on such advisory
92 board; and
93 3. The person receives no remuneration, either directly or indirectly, for his or her
94 service on such board; and
95 4. The primary nature of the business entity is either charitable, nonprofit or
96 governmental.
97
98 C. A person has a substantial interest in real property if the interest is an equitable or legal
99 ownership interest with a fair market value of two thousand five hundred dollars
100 (($2,500.00) or more (see Section 171.002, Texas Local Government Code).
101
102 D. A person has a substantial interest under this ordinance if the person's spouse or a
103 person related to the person in the first degree by consanguinity or affinity has a
104 substantial interest under this ordinance (see Section 171.002, Texas Local Government
105 Code). A person is related in the first degree by consanguinity to his or her father,
106 mother, brother, sister, son or daughter. A person is related in the first degree by affinity
Ordinance No.
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107 to his or her father-in-law, mother-in-law, brother's spouse, sister's spouse, son-in-law or
108 daughter-in-law.
109
110 SECTION 3
111
112 STANDARDS OF CONDUCT
113
114 A. No city officer, advisory board member or candidate for city council shall knowingly:
115 1. Accept or solicit any gift, favor, service or thing that might reasonably tend to
116 influence him in the discharge of his or her official duties. This prohibition shall not
117 apply to:
118 i. An occasional non -pecuniary gift, insignificant in value; or
119 ii. An award publicly presented in recognition of public service; or
120 iii. Any gift which would not have been offered or given to him if he were not a
121 city officer or advisory board member, or their spouses.
122 2. Grant in the discharge of his or her official duties any improper favor, service or
123 thing of value to any person, group or business entity;
124 3. Accept or solicit any gift, favor, service or thing of value, including a promise of
125 future employment, of sufficient economic value that it might reasonably tend to
126 influence him, in the discharge of his or her official duties, from any person, group
127 or business entity:
128 i. Who is licensed or has a substantial interest in any business entity that is
129 licensed by any city department, agency, commission or advisory board on
130 which the city officer or advisory board member serves; or
131 ii. Who has a financial interest in any proposed ordinance or decision upon
132 which the city officer or advisory board member may or must act or make a
133 recommendation; provided, however, that any city officer or advisory board
134 member and their spouses, may accept travel and related expenses to
135 attend ceremonial functions, provided that such acceptance and
136 attendance have been approved by the city council prior to the occurrence
137 of the ceremonial function.
138 4. Knowingly disclose any confidential information gained by reason of the position of
139 the officer or advisory board member concerning the property, operations, policies
140 or affairs of the city, or use of such confidential information to advance any
141 personal interest, financial or otherwise, of such officer or advisory board member,
142 or others. This subparagraph 4 shall not preclude disclosure of such confidential
143 information in connection with any investigation or proceeding regarding whether
144 there has been a violation of the standards of conduct set forth in this code.
145 5. Use one's position or office of employment or city facilities, personnel, equipment
146 or supplies to secure special privileges or exemptions for himself or others or for
147 the private gain of the city officer, advisory board member or his or her spouse.
148 6. Engage in any exchange, purchase or sale of property, goods or services with the
149 city except:
150 i. Rendering services to the city as an officer or advisory board member;
151 ii. Paying taxes, fines, utility service or filing fees;
152 iii. Executing and performing any developer's agreement or plat in compliance
153 with laws and regulations applicable to any person; provided, however, that
154 if any city ordinance, rule or regulation allows any discretion by the
155 appropriate officers of the city in the interpretation or enforcement of such
156 ordinance, rule or regulation, any such discretion shall be exercised in
157 favor of the city in connection with any such developer's agreement or plat;
158 iv. Advisory board members who are not otherwise officers of the city, may
159 engage in any exchange, purchase or sale of property, goods or services
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160 with the city, or enter into a contract with the city, provided that the advisory
161 board on which they are a member has no advisory function or cognizance,
162 direct or indirect, present or prospective, with respect to the transaction in
163 which such advisory board member engages or proposes to engage.
164 7. Hold himself or herself out as representing the city in any capacity other than that
165 for which he/she was appointed or elected.
166 8. Engage in or accept private employment or render a service when such
167 employment or service in incompatible with the proper discharge of his or her
168 official duties or would tend to impair his or her independent judgment in the
169 performance of his or her official duties.
170 9. Make or permit the unauthorized use of city owned vehicles, equipment, materials
171 or property.
172 10. Grant any special consideration, treatment or advantage to any citizen beyond that
173 which is available to every other citizen.
174 11. After termination of service with the city, appear before any advisory board or
175 commission of the city in relation to any case, proceeding or application in which
176 he or she personally participated or which was under his or her active
177 consideration, during the period of his or her service with the city.
178 12. Transact any business in his or her official capacity with the city with a business
179 entity in which he or she has a substantial interest.
180 13. Engage in any dishonest or criminal act or any other conduct prejudicial to the
181 government of the city or that reflects discredit upon the government of the city.
182 14. Knowingly perform or refuse to perform any act in order to deliberately thwart the
183 execution of city ordinances, rules or regulations or the achievement of official city
184 programs.
185 B. No member of the city council shall knowingly represent, directly or indirectly, any person,
186 group or business entity:
187 1. Before the city council or any department, agency, advisory board or commission
188 of the city;
189 2. In any action or proceeding against the interests of the city or in any litigation in
190 which the city or any department, agency, advisory board or commission thereof is
191 a party; or
192 3. In any action or proceeding in the municipal courts of the city which was instituted
193 by a city officer or employee in the course of his or her official duties, or a criminal
194 proceeding in which any city officer or employee is a material witness for the
195 prosecution.
196 C. No member of a city advisory board or commission shall knowingly represent, directly or
197 indirectly, any person, group or business entity:
198 1. Before the city council or the advisory board or commission of which he or she is a
199 member;
200 2. Before a advisory board or commission which has appellate jurisdiction over the
201 advisory board or commission of which he or she is a member;
202 3. In any action or proceeding against the interests of the city or in any litigation in
203 which the city or in any litigation in which the city or any department, agency,
204 advisory board or commission thereof is a party; or
205 4. In any action or proceeding in the municipal courts of the city which was instituted
206 by a city officer or employee in the course of his or her official duties, or a criminal
207 proceeding in which any city officer of employee is a material witness for the
208 prosecution.
209 D. The restrictions in this section do not prohibit a member of a city advisory board or
210 commission (other than city council), or his or her spouse, appearing before the city
211 council or a city department, agency, advisory board or commission to represent himself
212 or herself in a matter affecting his or her property; provided, however, that no such
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213 person, or his or her spouse, shall appear before the advisory board or commission of
214 which he or she is a member.
215 E. The restrictions in this section do not apply to business associates of officers or advisory
216 board members, but only personally to the officers and advisory board members
217 themselves.
218 F. Election Period:
219 1. All candidates for city office are encouraged to voluntarily comply with the Fair
220 Campaign Practices Act, Chapter 258 of the Texas Election Code. The city will
221 provide appropriate forms to each candidate.
222 2. A candidate for city election will not use the city logo or the city letterhead in any of
223 their campaign material, advertising, or solicitations. The council may authorize
224 the city attorney to take civil action against the violator for using copyrighted logos
225 belonging to the city and may seek damages therein, and a current elected official
226 in the City of Corinth, running for office, is subject to sanctions up to and including
227 public censure by the council. .
228 3. A citizen running for office who uses copyrighted materials belonging to the city
229 during an election may also be pursued, via civil action upon council authorization,
230 by the city attorney and may be subject to civil damages.
231
232 SECTION 4
233
234 DISCLOSURE OF INTEREST
235
236 A. If any city officer or advisory board member has a substantial interest in a business entity
237 or real property involved in any decision pending before such officer or advisory board
238 member, or the body of which he or she is a member, such officer or advisory board
239 member shall disclose such interest as provided in paragraph C below and shall not,
240 except as provided in paragraph B below, discuss the substance of the matter at any time
241 with any other member of the advisory board of which he is a member or any other body
242 which will vote on or otherwise participate in the consideration of the matter.
243 B. If any of the following interests are involved in any decision pending before any city officer
244 or advisory board member, or the body of which he is a member, such officer or advisory
245 board member must disclose such interest as provided in paragraph C below, but he shall
246 be permitted to vote on and participate in the consideration of such matter:
247 1. A decision concerning a bank or other financial institution from which the officer or
248 advisory board member has a home mortgage, automobile loan, or other
249 installment loan, if the loan is not currently in default, was originally for a term of
250 more than 2 years and cannot be accelerated except for failure to make payments
251 according to the terms thereof;
252 2. A decision concerning a bank or other financial institution in which the officer or
253 advisory board member holds a savings account, checking account or certificate of
254 deposit and which is fully insured by the U.S. government or an agency thereof;
255 3. A decision concerning a business entity with which the officer, employee, or
256 advisory board member has a retail or credit card account;
257 4. A decision concerning the approval of substitution of collateral by a city depository
258 bank;
259 5. A decision concerning real property in which the officer or advisory board member
260 has a substantial interest if it is not reasonably foreseeable that such decision
261 would have a special economic effect on the value of the property, distinguishable
262 from the effect on the public (see Section 171.004, Texas Local Government
263 Code).
264 C. A city officer or advisory board member shall disclose the existence of any substantial
265 interest in a business entity or real property involved in any decision pending before such
Ordinance No.
Page 6 of 9
officer or advisory board member, or the body of which he is a member. To comply with
this paragraph, a city officer or advisory board member shall, prior to any discussion or
determination of the matter, either file an affidavit of disclosure as required by Section
171.004 of the Texas Local Government Code or, if not so required, shall publicly disclose
in the official records of the body or of the city secretary the nature of the interest.
D. An officer or advisory board member is not required to file an affidavit and abstain from
participation in a matter if a majority of the members of the body of which he or she is a
member is composed of persons who are likewise required to file affidavits of similar
interests on the same official action (See Section 171.004(c), Texas Local Government
Code).
SECTION 5
ENFORCEMENT
A. The city council shall have the primary responsibility for the enforcement of this code.
1. The city council may direct the City Manager's Office to receive any complaints
that arise from violations of this code.
2. The City Manager will be responsible for notifying the City Council within 72 hours
after any complaint is received.
3. The city council may direct the city attorney to investigate or prosecute any
apparent violation of the code or it may employ or appoint any qualified attorney to
investigate or prosecute any violation or series of violations of this code by one or
more persons. At the direction of the city council, the city attorney shall have the
power to investigate any complaint, to initiate any suit, and to prosecute any action
on behalf of the city where such action is appropriate.
4. The City Council may also direct that the complaint be reviewed by the City of
Corinth Ethics Commission.
D. Any person who believes that a violation of any portion of the code has occurred may file
a complaint with the City Managers Office who may then proceed as provided in
paragraph "A" above. Should the complaint involve the City Manager, then the complaint
will be presented to the city council. However, nothing in this code shall be construed to
prevent any complainant from instituting direct legal action through the appropriate judicial
authority.
E. The Corinth Ethics Commission will be an appointed advisory board and will serve as
follows:
1. The advisory board will consist of Five Members;
2. Will be appointed by the City Council for a term of Two Years and will have
staggered terms;
3. Candidates for the advisory board will be named by the Mayor and will be
approved by majority vote of the city council;
4. Members of this advisory board may not hold an elected municipal office within the
City of Corinth and may not serve on any other advisory board or commission
within the City of Corinth;
5. The advisory board will establish a Standard Operating Procedure for reviewing
complaints, which will be approved by a majority vote of the city council;
6. The City of Corinth Ethics Commission will be accountable to the Mayor and City
Council.
Ordinance No.
Page 7 of 9
SECTION 6
ADVISORY OPINIONS
A. Where any officer or advisory board member has a doubt as to the applicability of any
provision of this code to a particular situation, or as to the definition of terms used herein,
he may apply to the city attorney for an advisory opinion. The officer or advisory board
member shall have the opportunity to present his or her interpretation of the facts at issue
and of the applicability of provisions of the code before such advisory opinion is made.
B. Until amended or revoked, any advisory opinion shall be binding on the city, the city
council, and the city attorney in any subsequent actions concerning the public officer, or
advisory board member who sought the opinion and acted on it in good faith, unless
material facts were omitted or misstated in the request for the advisory opinion. Such
opinion shall not be binding in any action initiated by any private citizen.
SECTION 7
SANCTIONS OR PENALTIES
A. Criminal violations of this policy will be submitted to the District Attorney's Office, after a
review by the City Attorney, which will have sole responsibility to determine the
appropriate penalties.
B. Complaints against council members or advisory board members that are deemed to be
valid, non -criminal in nature, and a violation of this policy will have a recommended action
by the Ethics Commission; the council, in open session, will affirm that action by majority
vote OR take the action that it deems appropriate by majority vote. The following are
recommended administrative sanctions:
1. No action, based on the circumstances and/or a first violation
2. Verbal censure in open session
3. Written censure in open session
C. Complaints against advisory board members appointed by council may have the
additional sanction of being removed from that advisory board by a majority vote of the
council.
D. Any contract or transaction which was the subject of an official act or action of the city in
which there is an interest prohibited by this code, or which involved the violation of a
provision of this code, shall be voidable at the option of the City Council.
E. Violation of this policy by any candidate for office shall be punishable by a fine in
accordance with the general penalty provision found in Section 10.99 of the City code.
Each day that a violation is permitted to exist shall constitute a separate offence
punishable by the above enumerated fine.
SECTION B
INVESTIGATIVE RESPONSIBILITIES
A. All complaints made against a councilmember(s) or advisory board member(s) with a
potential violation of criminal statues should be referred to the city attorney for review. If
warranted, the city attorney should be given responsibility to refer such criminal
complaints to the District Attorney for possible action. The city attorney shall advise the
city manger and the council in writing of his action. Should the city attorney find no
criminal aspects in the complaint, he will refer the complaint as noted below in paragraph
B.
B. Complaints of a non -criminal nature made against a councilmember(s) or advisory board
member(s) that violate this policy should be reviewed by the City of Corinth Ethics
Ordinance No.
Page 8 of 9
Commission. The Ethics Commission shall advise the city manager and the city council in
writing of its findings and recommendations. This review should be completed within a
specified and reasonable time limit.
SECTION 9
TEXAS STATUTES
Elected officials and appointed officials, advisory boards and commissions must adhere to
the following Texas statutes:
Civil Statutes
Open Meetings Act (Tex. Gov't. Code, Ann. Ch. 551)
Public Information Act/Open Records Act (Tex. Gov't Code. Ann. Ch. 552)
Conflicts of Interest (Tex. Loc. Gov't Code, Ch. 171
Official Misconduct (Tex. Penal Code, Ch. 36, Ch. 39)
Nepotism (Tex. Rev. Civ. Stat. Ann., arts. 5996a & 5996b)
Whistleblower Protection (Tex. Rev. Civ. Stat. Ann., art. 6552-16a)
Competitive Bidding and Procurement (Tex Loc. Gov't. Code, Ch 252)
State Penal Laws
Bribery (Tex. Penal Code, 36.02)
Coercion of Public Servant or Voter (Tex. Penal Code, §36.03)
Improper Influence (Tex. Penal Code §36.04)
Tampering with a Witness (Tex. Penal Code §36.05)
Retaliation (Tex. Penal Code §36.06)
Gifts to Public Officials (Tex. Penal Code §36.08)
Offering Gift to Public Servant (Tex. Penal Code §36.09)
Abuse of Office (Tex. Penal Code, Chapter 39)
Official Misconduct (Tex. Penal Code §36.02)
Official Oppression (Tex. Penal Code §39.03)
Misuse of Official Information (Tex. Penal Code §39.06)
SECTION 10
The city secretary shall cause a copy of this code of ethics to be distributed to every
officer and advisory board member of the city within thirty (30) days after enactment of this code.
Each officer and advisory board member thereafter elected or appointed shall be furnished a
copy before entering upon the duties of his or her office. A copy of this code of ethics will be
provided to each candidate running for municipal office.
SECTION 11
This ordinance shall be cumulative of all provisions of ordinances of the City of Corinth,
Texas, except where the provisions of this ordinance are in direct conflict with the provisions of
such ordinances, in which even the conflicting provisions of such ordinances are hereby
repealed.
SECTION 12
419 It is hereby declared to be the intention of the City Council that the phrases,
420 clauses, sentences, paragraphs and selections of this ordinance are severable, and if
421 any phrase, clause, sentence, paragraph or section of this ordinance shall be declared
422
423
424
425
426
427
428
429
430
431
432
433
434
435
436
437
438
439
440
441
442
443
444
445
446
447
448
449
450
451
452
453
454
455
456
457
458
459
460
461
462
463
Ordinance No.
Page 9 of 9
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have been enacted by
the city council without the incorporation in this ordinance of any such unconstitutional
phrase, clause, sentence, paragraph or section.
SECTION 13
The City Secretary of the City of Corinth is hereby authorized to publish this
ordinance in book or pamphlet form for general distribution among the public, and the
operative provisions of this ordinance as so published shall be admissible in evidence in
all courts without further proof than the production thereof.
SECTION 14
This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
PASSED AND APPROVED ON THIS DAY OF .2006
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE
MAYOR
ATTEST:
CITY SECRETARY
ORDINANCE NO. 11.072
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN. TEXAS.
AMENDING CHAPTER 2 "ADMINISTRATION:' ARTICLE IV "BOARDS AND
COMMISSIONS-- OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN.
TEXAS. BY ADDING A NEW DIVISION TO BE NUMBERED AND ENTITLED
DIVISION 14 "ETHICS COMMISSION" TO ESTABLISH AN ETHICS
COMMISSION FOR THE CITY OF BAYTOWN; AMENDING CHAPTER 2
'ADMINISTRATION'- BY ADDING A NEW ARTICLE TO BE NUMBERED AND
ENTITLED ARTICLE Vill 'CODE OF ETHICS" TO ESTABLISH STANDARDS OF
CONDUCT APPLICABLE TO OFFICERS. BOARD MEMBERS AND CERTAIN
EMPLOYEES OF THE CITY AND TO ESTABLISH PROCEDURES FOR I IEARING
VIOLATIONS OF TI IF STANDARDS SO ADOPTED: PROVIDING A REPEALING
CLAUSE: CONTAINING A SAVINGS CLAUSE: PRESCRIBING PENALTIES FOR
VIOLATIONS OF THE STANDARDS: AND PROVIDING FOR THE PUBLICATION
AND EFFECTIVE DATE THEREOF.
WHEREAS. the City Council of the City of Baytown deems it necessary and advisable to adopt a
code of ethics applicable to dte conduct of officers board members. and certain employees of the city
while acting in their official capacities in representing the City of Baytown.
NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS:
Section I: That Chapter 2 "Administration:' Article IV "Boards and Commissions of the
Code of Ordinances of the City of Baytown. Texas. is hereby amended to add a new division to be num-
bered and entitled Division 14 "Ethics Commission.' which division shall read as follows:
CHAPTER 2. ADMINISTRATION
ARTICLE IV. BOARDS AND COMMISSIONS
DIVISION 14. ETHICS COMMISSION
See.2-589. Created; purpose.
There is created an advisory board which shall assist and advise the city council and/or the city
manager on matters pertaining to the city's code ofethics contained in chapter 2, article Vlll of this code.
The commission shall be known as the Ethics Commission and shall have no rule -making. judicial au-
thority, but shall be solely advisor in nature.
See. 2-590. Composition; term.
(a) The ethics commission shall consist of five members who will be appointed by the city, council
from the membership of the Bay Area Ministerial Alliance and serve without compensation.
(b) The terms of the persons appointed as members of the ethics commission shall be as follows:
(1) Of the initial five members appointed by the city council. three shall be appointed to
serve two-year terms, and two shall be appointed to serve three-year terms. Subsequent
terms of these members shall be for three years.
(2) Appointments to vacancies shall be for the unexpired term of the position to which the
appointment is made.
(3) Members shall serve until their successors have been appointed.
(4) No member shall serve for more than five consecutive years or be appointed for more
than two full terms.
(c) The city council may remove members of the ethics commission for cause, as found by the city
council. on a %NTitten charge after a public hearing. A vacancy on the board shall be filled by the
city council for the unexpired term.
Sec. 2-591. Officers.
The ethics commission shall elect a chairperson, vice -chairperson, and secretary at the first meet-
ing of each year.
Sec. 2-592. Legal consultation.
The city attorney shall furnish the ethics commission legal assistance necessary in carrying out its
functions. unless outside council is obtained in accordance with article Vlll of this chapter.
Sec. 2-593. Rules of procedure.
(a) The ethics commission is hereby to establish its own parliamentary, procedure. provided that such
shall not be in conflict with the laws applicable to the board or this division.
(b) A quorum shall consist of a majority of the entire membership of -the commission, and any issue
to be voted on shall be resolved by a majority of the commission. The chairperson shall be enti-
tled to vote upon any question. but shall have no veto power.
(c) All meetings shall be subject to the state open meetings act and shall be held at the call of the pre-
siding officer and at other times as determined by the commission. The presiding officer or acting
presiding officer may administer oaths and compel the attendance of witnesses.
(d) The commission shall keep minutes of its proceedings that indicate the vote of each member on
each question or the fact that a member is absent or fails to vote. The commission shall keep re-
cords of its examinations and other official actions. The minutes and records shall be filed in the
office of the city clerk and are public records.
Sec.2-594. Powers and duties.
The commission shall have those powers and duties specified in article V 111 of this chapter.
Section 2: That Chapter 2 "Administration" of the Code of Ordinances of the City of Bay-
town. Texas. is hereby amended to add a new article to be numbered and entitled Article Vlll "Code of
Ethics.-' which article shall read as follows:
CIIAPTER 2. ADMINISTRATION
ARTICLE VHI. CODE OF ETHICS
DIVISION 1. IN GENERAL.
Sec. 2-801. Legislative findings.
It is found and declared that accepting a position as a pubic official carries with it the acceptance
of trust that the official will work to further the public interest. Maintaining that public trust is critical to
the continued operation of good government. In addition. public decision -making should be open and
accessible to the public at large. To preserve this public trust. there are five principles to which public
officials should adhere:
(1) A city official should represent and work towards the public interest and not towards pri-
vate/personalinterests:
(2) A city- official should accept and maintain the public trust (i.e.. must preserve and enhance the
public's confidence in their public officials):
(3) A city official should exercise leadership. particularly in the form of consistently demonstrating
behavior that reflects the public trust:
(4) A city official should recognize the proper role of all government bodies and the relationships be-
tween the various government bodies: and
(i) A city official should always demonstrate respect for others and for other positions.
Sec.2-802, Definitions.
The following words. terms and phrases. when used in this article, shall have the meanings as-
cribed to them in this section. except where the context clearly indicates a different meaning:
City board shall mean the city council or a board, commission, task force, committee or subcom-
mittee of the city. whether elected. appointed. paid or unpaid. The term includes both advisory and non -
advisory board. commission. task force. committee or subcommittee of the city.
City of
ficiol or official means the mayor. a member of the city council. a member of a city board.
the municipal court judge. associate municipal courtjudges, the city manager. deputy city manager. assis-
tant city manager. city clerk. deputy city clerk, city attorney. assistant city attorneys, all department direc-
tors and assistant department directors or equivalent positions. whether such person is salaried- hired or
elected. The term shall not include a city employee subject to V.T.C.A.. Local Government Code
§§ 143.001.
Ethics commission means that commission established in article IV. division 14 of this chapter.
DIVISION 2. STANDARDS
Sec.2-803. Standards of conduct.
No city official shall:
(1) violate V.T.C.A.. Local Government Code § 171.003:
(2) violate V.T.C.A., Local Government Code §212,017:
(3) represent any person. other than himself or the city, before the city board on which the
city official sits or over which the city official has appoinnnent or budgetary powers:
(4) disclose or use. in an unofficial capacity. confidential information acquired in the course
of official duties:
(5) while acting in his official capacity, grant or influence the granting of any special consid-
eration, advantage or favor to any person beyond that which is:
a. the general practice to grant or make available to the public at large:
b. the general practice in assisting other governmental entities:
C. the general practice in aiding or promoting the economic development of the city:
or
d. authorized through a variance, special exception. or other similar exception pro-
vided for in this code or by law:
(6) violate V.T.C.A., Penal Code §36.07;
(7) violate V.T.C.A.. Penal Code §36.08:
(8) make use of staff vehicles, equipment. materials or property of the City except in the
course of his official duties or as duly authorized by the proper city official:
(9) participate in the appointment, vote for appointment, or discussion of a person to a city
board if such person is related to the city official in the first degree by consanguinity or
affinity. as determined tinder V.T.C.A.. Government Code ch. 573:
(10) use his position. directly or indirectly. to effect the city employment status of a person re-
lated to the city official in the first degree by consanguinity or affinity as determined un-
der V.T.C.A., Government Code ch. 573:
(1 1) receive a pecuniary gain in any sale or lease to the City of any real estate when the inter-
est in real property from which the pecuniary gain is received was obtained under cir-
cumstances which would lead a reasonable person to expect that the City intended to pur-
chase. condemn or lease said real estate: or
(12) misrepresent facts or the source of facts or recommendations brought before the city
council, any board or community or to any other person while acting in his official capac-
ity.
Sec. 2-804. Ex-parte communications.
in any judicial or quasi-judicial matter before a city board or in the award of a contract by a city
board, a city official sitting on such board shall not. outside of that city board meeting, communicate with
or accept a communication from a person. who is a party to the matter being considered or who represents
such person, regarding such matter. If such communication should occur. this section will not be deemed
violated if the city official discloses such communication at an open meeting of the city board on which
he is a member prior to its consideration of the matter.
DIVISION 3. PROCESS
Sec. 2-805. Reporting of ethics violations.
Any person who believes that a violation of any portion of the article has occurred may file a
complaint with the ethics commission. after which the ethics commission shall proceed as provided in
section 2-806. However. nothing in this article shall be construed to prevent complainants from institut-
ing direct legal action through the appropriate administrative or judicial means. Furthermore, no com-
plaint shall be accepted or processed if the alleged violation occurred more than four years prior to the
filing of the complaint.
Sec. 2-806. Processing ethics violations.
(a) The ethics commission shall have the primary responsibility for investigations under this article.
The ethics commission may
(1) ask the city attorney, or
(2) after obtaining the prior written consent of city council. employ or appoint any qualified
attorney at the citv's expense
to investigate any apparent violation of this article and to recommend appropriate action. At the
direction of the ethics commission. the attomey shall have the power to prosecute any action on
behalf of the city with prior approval of the city council.
(c) During all stages of any investigation or proceeding conducted under this subsection, the city of-
ficial whose activities are under investigation shall be entitled to be represented by counsel.
(d) If the ethics commission finds that there is probable cause to believe that a violation of this article
has occurred, the ethics commission shall schedule a hearing to consider the matter further.
(e) The city official under investigation or his representative shall have an adequate opportunity to
examine all documents and records to be used at the hearing at a reasonable time before the date
of the hearing as well as during the hearing. to bring witnesses. to establish all pertinent facts and
circumstances and question or to refute any testimony or evidence.
(f) If the ethics commission finds merit to the reported violation of this article. the ethics commission
will within five days after the hearing report its findings and recommendation for disposition to:
the city council for complaints alleged against the city manager, municipal court judge.
associate municipal court judee, or a city official who is not an employee of the city or
2. the city manaeer for complaints alleged against another city official who is an employee
of the city and not referenced in subsection (f) I of this section.
Such report must be in writing and signed b) all participating members of the ethics commission.
who voted with the majority.
(g) After receiving the report, the city council or the city manager, as appropriate, shall review the
same and take appropriate action consistent with section 2-807 and/or the personnel rules and
procedures.
Sec.2-807. Penalties.
(a) Except where otherwise provided by law. it is not the intent of this article that violations of this
article be subject to criminal penalties.
(b) The ethics commission may recommend the following to the city council or the city manager, as
appropriate:
I. A letter of notification to the city official advising him of the steps to be taken to avoid
further violations if the ethics commission finds that the violation is clearly unintentional:
2. A letter of admonition to the city official if the ethics commission finds that the violation
is minor and/or may have been unintentional, but calls for a more substantial response
than a letter of notification:
3. A letter of reprimand if the ethics commission finds that a violation has been committed
intentionally or through disregard of this article:
4. Removal or suspension from office if the ethics commission finds that a serious or re-
peated violation of this article has been committed intentionally or through culpable dis-
regard of this article by a city official: or
5. A letter of censure or a recommendation to recall if the ethics commission finds that a se-
rious or repeated violation of this article has been committed intentionally or through
culpable disregard of this article by an elected city official.
(c) Any sanction recommended by the ethics commission shall be directed to:
the city council if the city official is a city, manager. municipal courtjudge. associate mu-
nicipal court judge. or another city official who is not an employee of the city or
2. the city manager if time city official is an employee of time city and not referenced in sub-
section (c)( I ) of this section.
(d) Any document referenced in subsection (b) of this section issued by
the city manager shall be placed in the public official's personnel file, or
2. the city council regarding the city manager or the municipal courtjudge shall be placed in
the applicable personnel file.
(e) Any contract or transaction which was the subject of an official act or action of a city board in
which there was a violation of this article. shall be voidable at the option of the city, council
unless otherwise deemed void by law.
DR7SION 3. EDUCATION
Sec. 2-808. Distribution of and training in the code of ethics.
(a) Within thirty (30) days after entering upon the duties of his position. every new city official shall
be furnished a written copy of this article. The failure of any city official to receive a copy of this
article shall have no effect on that city officials duty to comply with this article or on the en-
forcement of the provisions of this article. This article shall be posted on the city's webpage.
(b) The city attorney, in consultation with the ethics commission, shall develop educational materials
and conduct educational programs on this article for city officials. Such materials and programs
shall be designated to maximize understanding of the obligations imposed by this article.
(c) The city manager and department of human resources shall enact an administrative directive re-
quiring that all departments provide their employees with training on this article and/or employ-
ees' ethical obligations at least once every other calendar year.
(d) The city attorney shall notify department directors regarding any significant amendments to this
article within ten days of adoption. Department directors shall disseminate the information to
their employees. who are city officials under this article.
Section 3: All ordinances or parts of ordinances inconsistent with the terms of this ordi-
nance are hereby repealed: provided. however, that such repeal shall be only to the extent of such incon-
sistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and
governing the subject matter covered by this ordinance.
Section 4: If any provisions, section. exception. subsection. paragraph, sentence. clause or
phrase of this ordinance or the application of same to any person or set of circumstances. shall for any
reason be held unconstitutional. void or invalid. such invalidity shall not affect the validity of the remain-
ing provisions of this ordinance or their application to other persons or sets of circumstances and to this
end all provisions of this ordinance are declared to be severable.
Section 5: This ordinance shall take effect from and after ten (10) days Kant its passage by
the City Council. The City Clerk is hereby directed to give notice hereof by causing the caption of this
ordinance to be published in the official newspaper of the City of Baytown at least twice within ten (10)
days after passage of this ordinance.
INTRODUCED. READ and PASSED by the
Baytown this the 26"' day of February. 2009.
„.. �PyTDWrY
KA ]1L DAR . L City filer r i
APPROVED AS TO FORM:
ACIO RAMIREZ. SR.. Cit ttorney
of the City Council of (Ile City of
DONCARLOS. Mayor
UeobsNI\Legal\Karen\Files\City Council\Ordinmrzesl009\Febmary 12\FiNcs0rdimmce022609.due
ORDINANCE NO.493-03
AN ORDINANCE OF THE CITY OF NAVASOTA, TEXAS ADOPTING A CODE
OF ETHICS APPLICABLE TO OFFICERS AND BOARD MEMBERS WITHIN
THE CITY; PROVIDING STANDARDS OF CONDUCT FOR SUCH OFFICERS
AND BOARD MEMBERS; REQUIRING THE DISCLOSURE OF CONFLICTS OF
INTERESTS; PROVIDING FOR THE RENDERING OF ADVISORY OPINIONS
BY THE CITY ATTORNEY; PROVIDING FOR ENFORCEMENT AND
PENALTIES FOR VIOLATIONS HEREOF; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET
FORM; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Navasota deems it necessary and advisable to
adopt a Code of Ethics applicable to the conduct of officers and board members while
acting in their official capacities in representing the City of Navasota.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF NAVASOTA, TEXAS:
SECTION 1.
POLICY STATEMENT
Accepting a position as a public official carries with it the acceptance of trust that the
official will work to further the public interest. Maintaining that public trust is critical to
the continued operation of good government. In addition, public decision -making should
be open and accessible to the public at large. To preserve this public trust, there are five
principles to which public officials should adhere:
A public official should represent and work towards the public interest and
not towards private/personal interests.
A public official should accept and maintain the public trust (i.e. must preserve and
enhance the public's confidence in their public officials).
A public official should exercise leadership, particularly in the form of consistently
demonstrating behavior that reflects the public trust.
A public official should recognize the proper role of all government bodies and the
relationships between the various government bodies.
A public official should always demonstrate respect for others and for other positions.
SECTION 2.
DEFINITIONS
For the purpose of this code of ethics, the following words and phrases shall have the
meanings ascribed to them by this section.
Advisory board shall mean a board, commission or committee of the city that functions
only in an advisory or study capacity.
Business Entity shall mean a sole proprietorship. partnership, Finn. corporation,
association, holding company, jointstock company, receivership, trust, or any other entity
recognized by law.
Employee shall mean any person employed by the City, including those individuals on
a part-time basis, but such term shall not be extended to apply to any independent
contractor.
Knowingly. A person acts knowingly, or with knowledge, with respect to the nature of
his or her conduct or to circumstances surrounding his or her conduct when he or she is
aware of the nature of his or her conduct or that the circumstances exist. A person acts
knowing, or with knowledge. with respect to a result of his or her conduct when he is
aware that his or her conduct is reasonably certain to cause the result.
Officer shall mean any member of the City Council, the Planning and Zoning
Commission. the Board of Adjustment, and any member of a board, commission or
committee established by ordinance, charter or state law that has final approval authority
over any application, permit, license or other City approvals; provided, no member of an
advisory board shall be deemed an officer of the City.
Substantial Interest.
A. A person has a substantial interest in a business entity if:
(1) The interest is ownership of ten (10) percent or more of the voting stock or
shares of the business entity or ownership of either ten (10) percent or more or
five thousand dollars ($5,000.00) or more of the fair market value of the
business entity (see Section 171.002, Texas Local Government Code): or
(2) Funds received by the person from the business entity exceed ten (10) percent
of the person's gross income for the previous year (see Section 171.002, Texas
Local Government Code); or
(3) The person holds a position of member of the board of directors or other
governing board of the business entity; or
(4) The person serves as an elected officer of the business entity; or
(5) The person is an employee of the business entity: or
(6) The person is a creditor, debtor or guarantor of the business entity in the
amount of five thousand dollars ($5,000.00) or more; or
(7) 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 five thousand dollars
($5.000.00) or more.
B. A person does not have a substantial interest in a business entity if:
(1) The person has been designated by the City Council to serve as a member of the
board of directors or other governing board of a business entity; and
(2) The person receives no renumeration, either directly or indirectly, for his or her
service on such board: and
(3) The primary nature of the business entity is either charitable, nonprofit or
governmental.
C. 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 two thousand five hundred
dollars ($2,500.00) or more (see Section 171.002, Texas Local Government Code).
D. A person has a substantial interest under this ordinance if the person's spouse or a
person related to the person in the first degree by consanguinity or affinity has a
substantial interest under this ordinance (see Section 171.002, Texas Local
Government Code). A person is related in the first degree of consanguinity to his
or her father, mother. brother, sister, son or daughter. A person is related in the
first degree by affinity to his or her father-in-law, mother-in-law. brother's spouse,
sister's spouse. son-in-law or daughter-in-law.
SECTION 3.
STANDARDS OF CONDUCT
No City officer, employee or advisory board member shall directly or indirectly (i.e. by
others on his/her behalf or at his/her request or suggestion):
3.1 engage in any private business. transaction or employment, or have any substantial
interest therein. which is incompatible or in conflict with the proper and impartial
discharge of his/her duties on behalf of the City;
3.2 represent any private party before the public body on which the official sits or over
which the official has appointment or budgetary powers;
3.3 disclose without authorization or use to further a personal interest, confidential
information acquired in the course of official duties;
3.4 grant or influence the granting of any special consideration. advantage or favor, to
any person. group, Finn or corporation, beyond that which is the general practice to
grant or make available to the public at large;
3.5 with the exception of occasional, non -pecuniary gifts, accept anything of economic
value such as money, service, gift, loan, gratuity, favor or promise thereof for the
purpose and intent of which is to influence any such official of the City in the
exercise of his/her official judgment, power or authority;
3.6 make personal use of staff, vehicles, equipment, materials or property of the City
except in the course of his/her official duties or as duly authorized by the proper
City official, employee or advisory board member;
3.7 participate in the appointment, vote for appointment, or discussion of any
appointment of an immediate family member or business associate, or use his/her
position, directly or indirectly, to effect the employment status of an immediate
family member or business associate to any City office or position, paid or unpaid;
or
3.8 receive or have any financial interest in any sale to the City of any real estate when
such financial interest was received under circumstances which would lead a
reasonable person to expect that the City intended to purchase, condemn or lease
said real estate.
SECTION 4.
EX-PARTE COMMUNICATIONS
In any quasi-judicial matter (e.g. personnel decisions, condemnation proceedings, zoning
rules, matters involving the issuance of a permit or approval), or the award of a contract,
before a City Council, Board, Commission or Committee, a public official sitting on such
Council, Board. Commission or Committee, shall not. outside of that Council. Board.
Commission or Committee, communicate with or accept a communication from a person
for which there are reasonable grounds for believing to be a party to the matter being
considered, if such communication is designed to influence the official's action on that
matter. If such communication should occur, the public official shall disclose it at an open
meeting of the Council, Board. Commission or Committee prior to its consideration of the
matter.
SECTION 5.
DISCLOSURE OF INTEREST AND RE, CUSAL PROCEDURES
Whenever a matter comes before the City Council, Board, Commission or Committee. as
to which any conflict of interest standard. as described in Section 3 of this code of ethics,
applies to one of its members, the following provisions shall apply:
5.1 A City officer. employee or advisory board member shall disclose the existence of
any substantial interest in a business entity or real property involved in any decision
pending before such officer. employee or advisory board member, or the body of
which the official is a member. To comply with this paragraph, a City officer or
advisory board member shall. prior to any discussion or determination of the
matter, either file an affidavit of disclosure as required by Section 171.004 of the
Texas Local Government Code or, if not so required. shall publicly disclose in the
official records of the body or to the city secretary the nature of the interest. To
comply with this paragraph. a City employee shall notify his or her superior in
writing of the nature of any substantial interest he or she may have in a business
entity or real property that would be affected by an exercise of discretionary
authority by the city employee and such superior shall assign the matter to another
employee.
5.2 Following such disclosure. such public official shall not participate in any
consideration. discussion or vote on the matter before the Council. Board.
Commission or Committee. If the official wishes to address the issue at an open
public meeting, the official may participate as a member of the public. During
deliberation and vote on the matter, the official may participate as a member of the
public. The official may attend an executive session to discuss the matter at the
invitation of the Council. Board. Commission or Committee. if such attendance
complies with the statutory requirements of the Open Meeting Act.
5.3 The public official shall not. during any part of the Council, Board. Commission or
Committee meeting pertaining to the matter requiring the disclosure, represent,
advocate on behalf of; or otherwise act as the agent of the person or business entity
in or with which the official has such an interest or relationship.
5.4 The foregoing shall not be construed as prohibiting the official from testifying as to
factual matters at a hearing of the City Council, Planning and Zoning Commission,
Economic Development Corporation, or any other Board, Commission or
Committee.
4
SECTION 6.
ADVISORY OPINIONS
6.1 Where any officer, employee or advisory board member has a doubt as to the
applicability of any provision of this code to a particular situation, or as to the
definition of terms used herein, he or she may apply to the city attorney for an
advisory opinion. The officer, employee or advisory board member shall have the
opportunity to present his or her interpretation of the facts at issue and of the
applicability of provisions of the code before such advisory opinion is made.
6.2 Until amended or revoked, any advisory opinion shall be binding on the City. the
City Council. and the city attorney in any subsequent actions concerning the public
officer. employee or advisory board member who sought the opinion and acted on
it in good faith, unless material facts were omitted or misstated in the request for
the advisory opinion. Such opinion shall not be binding in any action initiated by
any private citizen.
SECTION 7.
REPORTING OF ETHICS VIOLATIONS
7.1 The City Council shall have the primary responsibility for the enforcement of this
code. The City Council may direct the city attorney to investigate or prosecute any
apparent violation of the code or it may employ or appoint any qualified attorney to
investigate or prosecute any violation or series of violations of this code by one or
more persons. At the direction of the City Council, the attorney shall have the
power to investigate any complaint, to initiate any suit, and to prosecute any action
on behalf of the city where such action is appropriate.
7.2 Any person who believes that a violation of any portion of the code has occurred
may file a complaint with the City Council who may then proceed as provided in
Section 7.1 above. However, nothing in this code shall be construed to prevent
complainants from instituting direct legal action through the appropriate judicial
authority.
SECTION S.
CITY OF NAVASOTA ETHICS CObIMISSION
8.1 If the city attorney finds merit to the reported ethics violation and the measure does
not call for prosecution through criminal or civil court, the Council may use an
Ethics Commission to provide a recommendation on the question if and what level
of discipline should be applied to the offending officer or advisory board member.
8.2 The City of Navasota Ethics Commission will consist of five (5) members, all of
whom shall serve without compensation. The five -member Commission shall be
chosen by the City Council in a manner that ensures fair and unbiased
representation from members of the general public who have no connection with
the person under investigation nor with the facts. The City Attorney shall furnish
the Ethics Commission whatever legal assistance necessary in carrying out its
functions. The Ethics Commission shall select one of its members as a chairman
and a secretary who need not be a member.
8.3 The Ethics Commission will report their recommendation for disposition to the
City Council.
8.4 During all stages of any investigation or proceeding conducted under this
subsection, the person whose activities are under investigation shall be entitled to
be represented by counsel of his own choosing.
8.5 The person under investigation or his representative shall have an adequate
opportunity to examine all documents and records to be used at the hearing" at a
reasonable time before the date of the hearing as well as during the hearing.. to
bring witnesses. establish all pertinent facts and circumstances and question or
refute any testimony or evidence.
8.6 Upon conclusion of the hearing. the Commission shall file its recommendation
within five (5) days in writing signed by all participating Commission members
and refer the matter to the City Council for its consideration.
SECTION 9.
PENALTIES, FORFEITED POSITION; EXEMPTIONS; INJUNCTIONS
9.1 Except where otherwise provided by state law, it is not the intent of this code that
violations therefore be subject to criminal penalties.
9.2 Whenever the City Council has determined that any officer or advisory board
member has violated any provision of this code. such officer or advisory board
member shall be subject to discipline.
9.3 The City Council may apply levels of discipline to the officer or advisory board,
ranging from private consultation, admonishment. censure, and reprimand. The
Council may also choose to have the officer or advisory board member forfeit their
seat. This level of discipline cannot be used on elected Council members.
9.4 The City Council may exempt from the provisions of this code any conduct found
to constitute a violation by an officer or advisory board member if it finds that the
enforcement of this code with respect to such conduct is not in the public interest.
9.5 Any contract or transaction which was the subject of an official act or action of the
City in which there is an interest prohibited by this code. or which involved the
violation of a provision of this code, shall be voidable at the option of the City
Council.
SECTION 10.
DISTRIBUTION OF CODE OF ETHICS
The City Secretary shall cause a copy of this code of ethics to be distributed to every
officer and advisory board member of the City within thirty (30) days after enactment of
this code. Each officer and advisory board member thereafter elected or appointed shall be
furnished a copy before entering upon the duties of his or her office and shall sign a written
statement acknowledging receipt of the copy.
SECTION 11.
This ordinance shall be cumulative of all provisions of ordinances of the City of Navasota,
Texas, 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 12.
It is hereby declared to be the intention ofthe City Council that the phrases, clauses.
sentences, paragraphs and sections of this ordinance are severable, and if any phrase,
clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional
by the valid judgment or decree of any court of competentjurisdiction, such
unconstitutionality shall not affect any of the remaining phrases, clauses. sentences.,
paragraphs and sections of this ordinance, since the same would have been enacted by the
City Council without the incorporation in this ordinance of any such unconstitutional
phrase, clause, sentence. paragraph or section.
SECTION 13.
The City Secretary of the City of Navasota is hereby authorized to publish this ordinance
in book or pamphlet form for general distribution among the public, and the operative
provisions of this ordinance as so published shall be admissible in evidence in all courts
without further proofthan the production thereof.
SECTION 14.
This ordinance shall be in full force and effect from and after its passage and publication as
required by law. and it is so ordained.
PASSED AND ADOPTED ON FIRST READING THIS THE 8TH DAY OF
SEPTEMBER, 2003.
PASSED AND ADOPTED ON SECOND READING THIS THE 22ND DAY OF
SEPTEMBER, 2003.
MAYOR, PATRICIA M. GRUNER
ATTEST:
CITY SECRETARY, GERALDINE BINFORD
/U
ORDINANCE NO. 017112
AN ORDINANCE AMENDING TITLE 2 (ADMINISTRATION AND
PERSONNEL), CHAPTER 2.92 (ETHICS); TO AMEND SECTIONS
2.92.010 THROUGH 2.92.090 AND SECTION 2.92.150; TO ADD NEW
DEFINITIONS AND STANDARDS OF CONDUCT, REVISE THE
DUTIES AND PROCEDURES OF THE ETHICS REVIEW
COMMISSION, REVISE THE PROCESS FOR RECEIVING AND
REPORTING GIFTS, CREATE RESTRICTIONS FOR OFFICERS AND
EMPLOYEES LEAVING CITY SERVICE, REVISE THE COMPLAINT
PROCESS, AND CREATE ADDITIONAL VIOLATIONS; THE
PENALTY BEING AS PROVIDED IN SECTIONS 2.92.150 AND 1.08.010
- 1.08.030 OF THE EL PASO CITY CODE.
WHEREAS, in 2007, the voters of the City added provisions in the Charter relating
to the Ethics Review Commission and conferred duties upon the Commission; and
WHEREAS, the City Council requested a complete review of the City's Ethics
Ordinance by the Council Rules Legislative Review Committee and the Ethics Review _
Commission; and
WHEREAS, the Ethics Review Commission presented a draft of extensive revisions
to the Council Rules Legislative Review Committee on March 11, 2009, which made a
detailed review of the recommendations.
o
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF EL PASO, TEXAS:
N
rn
Section 1. That Section 2.92.010 (Policy) of the El Paso City Code, is amended to
w o
read as follows:
�1
2.92.010 Policy and Purpose
A. All city officers and employees have a fiduciary duty to the citizens of the city to be
ethical in fulfilling the responsibilities of their positions. At the very least, being ethical
includes being disposed to comply with all laws that apply to one's position.
B. Ethical conduct is motivated by sources inside and outside the law. The Texas local
government, Election and Penal Codes regulate aspects of the conduct of city officers and
employees. However, as ethical conduct is more than complying with state codes, the city
strongly encourages all of its officers and employees to maintain the highest personal
values and standards. While it is impossible to establish specific and exhaustive standards
for all situations, the standards established in this chapter are minimum standards below
which no city officer or employee's conduct should fall. This chapter has the following
purposes:
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1. To establish an ethics review commission;
2. To maintain and improve standards of public service;
3. To improve public confidence in the integrity of city government;
4. To provide a process by which officers and employees may identify and resolve ethical
issues;
5. To avoid conflicts between the personal interest and the public responsibilities of city
officers and employees;
6. To establish minimum standards of conduct to be adhered to by city officers and
employees;
7. To require disclosure of private financial interests by certain individuals;
S.. To require reporting of certain gifts received by certain individuals;
9. To provide for complaints and resolution of ethical issues and concerns; and
10. To provide penalties for failure to adhere to the minimum standards set forth in this
chapter.
C. This chapter is cumulative of and supplemental to all applicable provisions of the city
charter, other city ordinances, and state and federal laws and regulations. Compliance
with this chapter does not excuse or relieve any person from any obligation imposed by
the city charter, other city ordinances, or state or federal laws or regulations.
D. The city attorney's office shall prepare, maintain and make available a chart that
summarizes the application of the various obligations imposed by this chapter and the
charter on officers and employees.
Section 2. That Section 2.92.020 (Purpose) of the El Paso City Code, is amended to
read as follows:
2,92.020 Definitions.
For the purposes of this chapter, the following definitions shall apply. Terms not
defined in this chapter, but defined in the Texas Election Code, shall have the meanings
assigned to them in the Texas Election Code.
"Affinity" means that two individuals are related to each other by affinity if they are
married to each other, or the spouse of one of the individuals is related by consanguinity
to the other individual. The ending of a marriage by divorce or the death of a spouse
ends relationships by affinity created by that marriage unless a child of that marriage is
living, in which case the marriage is considered to continue as long as a child of that
marriage lives. An individual's relatives within the third degree by affinity are anyone
related by consanguinity to the individual's spouse in one of the ways named in the
definition of consanguinity in this section; and the spouse of anyone related to the
individual by consanguinity in one of the ways named in the definition of consanguinity
in this section.
"Board" means a board, commission or committee:
1. Which is established to participate in some manner in the conduct of city government,
including participation which is merely advisory, whether established by city ordinance
or city charter, Interlocal contract, state law or any other lawful means; and
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2. Any part of whose membership is appointed by the city council, but does not include a
board, commission, or committee, which is the governing body of a separate subdivision
of the state.
3. The city clerk shall maintain one or more lists of the boards whose members are
subject to the various provisions contained in this chapter, and such lists shall be made
available to the public during working hours upon request or be posted on the city's
website.
"Business days" means the weekdays excluding city holidays.
"Candidate" means a candidate for an elected office of the city of El Paso. All references
to candidate shall include the candidate's principal campaign committee, whether or not
the candidate acts as treasurer for reporting purposes.
"City resources" means any city asset, including but not limited to facilities, equipment,
supplies, software, and personnel services.
"Confidential information" means any written information that could be excepted from
disclosure pursuant to the Texas Public Information Act, if such disclosure has not been
authorized; or any non -written information which, if it were written, could be excepted
from disclosure under that Act, unless disclosure has been authorized.
"Consanguinity" means that two individuals are related to each other if one is a
descendant of the other, or they share a common ancestor. An adopted child is
considered to be a child of the adoptive parent for this purpose. An individual's relatives
within the third degree by consanguinity are the individual's parent or child (relatives in
the first degree); brother, sister, grandparent, or grandchild (relatives in the second
degree); and great-grandparent, great-grandchild, aunt who is a sister of a parent of the
individual, uncle who is a brother of a parent of the individual, nephew who is a child of
a brother or sister of the individual, or niece who is a child of a brother or sister of the
individual (relatives in the third degree).
"Contribution" means a direct or indirect transfer of money, goods, services, or any other
thing of value and includes an agreement made or other obligation incurred, whether
legally enforceable or not, to make a transfer. The term includes a loan or extension of
credit, other than those expressly excluded by the Texas Election Code, and a guarantee
of a loan or extension of credit. The term does not include an expenditure required to be
reported under Section 35.006(b), Texas Government Code. In -kind expenses, as defined
in this section, is not a contribution.
"Contributor" means a person making a contribution and the person's spouse.
"Employee" means a person employed and paid a salary by the city whether under civil
service or not, including those individuals on a part-time basis and including those
officially selected for employment but not yet serving; but does not include an
independent contractor or city council member. For purposes of this ordinance and for no
other purpose, the term employee includes volunteers.
"Ex parte communications" means a communication made at a time other than during a
public meeting of the ethics review commission, a commission panel, or the city council,
excluding documents or information submitted pursuant to the requirements of this
chapter and any correspondence or other communications sent to the city attorney.
"Gift" means any gift, benefit or other economic gain or economic advantage to an
officer or employee or to a relative of an officer or employee.
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"In-ldnd expenses" means the value of personal services provided without compensation
by any individual who volunteers on behalf of a candidate or political committee and
incidental vehicular travel expenses incurred in conjunction with the provision of the
personal services.
"Negotiating concerning prospective employment" means a discussion between a city
officer or employee and another employer concerning the possibility of the city officer or
employee considering or accepting employment with the employer, in which discussion
the city officer or employee responds in a positive way.
"Officeholder" means the incumbent holding an elected city office.
"Officer" means a member of the city council and any member of a board appointed by
the city council., It includes any member of a board that functions only in an advisory or
study capacity.
"Official city business" means a purpose or function related to the duties or activities of
office or employment.
"Person" means an individual, corporation, partnership, labor union or labor organization,
or any unincorporated association, firm, committee, club, or other organization or group
of persons, excluding a political committee organized pursuant to the Texas Election
Code.
"Political committee" means a specific purpose political committee or a general purpose
political committee as those terms are defined in the Texas Election Code.
"Public event, appearances or ceremonies" means those functions, activities and
ceremonies conducted by or for the benefit of any governmental entity; a function,
activity or ceremony conducted by a non-profit corporation or similar organization
formed for educational, scientific, community -betterment or economic development
purposes which relates to the purpose for which the non-profit corporation or
organization was formed; or a function, activity or ceremony which honors or recognizes
the accomplishments of a political, prominent or public figure.
"Quasi-judicial proceeding" means by hearing or proceeding held by a public
administrative officer, to include but not be limited to a hearing officer, arbitrator or
administrative law judge, who is required to hear or investigate facts and to draw
conclusions from them as a basis for his or her official action and to exercise discretion of
a judicial nature.
"Relative" means a person who is related to an officer or employee as spouse or as any of
the following, whether by marriage, blood or adoption: parent, child, brother, sister, aunt,
uncle, niece, nephew, grandparent, grandchild, father-in-law, mother-in-law, son-in-law,
daughter-in-law, stepfather, stepmother, stepson, step son-in-law, stepdaughter, step
daughter-in-law, stepbrother, stepsister, half-brother, half-sister, brother-in-law or sister-
in-law.
"Volunteer" means an individual who provides services to the city without any
expectation of compensation or financial gain and without receiving any compensation or
financial gain.
Section 3. That Section 2.92.030 (Definitions) of the El Paso City Code, is amended
to read as follows:
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2.92.030 Ethics review commission.
A. Ethics Review Commission Established. In order to assist the city council, an ethics
review commission of nine members is hereby established.
B. Mission. The ethics review commission shall serve as an advisory body to the mayor
and city council on matters concerning ethics in government of the city.
C. Membership.
1. All members of the ethics review commission shall be residents of the city. No
member shall be a city employee, hold any city elected office or be a candidate for
any city elected office. A member may contribute to a city political campaign, but to
the extent this prohibition is consistent with the charter, no member shall participate
in any city political campaign or in a campaign relating to a city referendum or other
ballot issue.
2. No member of the ethics review commission shall be related within the thud
degree of consanguinity or within the third degree of affinity to a member of the city
council or the city manager.
3. Members shall be appointed for a two-year period, except that appointments made
to fill vacancies created during a term shall be for the remainder of the term. The term
of office for each below designated appointee shall commence on February 21 st and
shall terminate on February 20th at the conclusion of the respective term. Terms shall
be staggered in the following manner:
Mayor's appointee ..........terms expire in even numbered years
District 1 appointee ..........terms expire in even -numbered years
District 2 appointee ..........terms expire in odd -numbered years
District 3 appointee ..........terms expire in even -numbered years
District 4 appointee ..........terms expire in odd -numbered years
District 5 appointee ..........terms expire in odd -numbered years
District 6 appointee ........,.terms expire in even -numbered years
District 7 appointee ..........terms expire in even -numbered years
District 8 appointee ..........terms expire in odd -numbered years
D.Procedures.
1. The ethics review commission shall each year at the first meeting held on or after
April I", select from among its members a chair and a vice -chair, and shall adopt,
subject to the approval of city council, such rules governing its proceedings as it may
deem proper. Such rules and regulations must be consistent with the city charter and
ordinances of the city and shall parallel, to the extent possible, the rules adopted by
city council to govern its own meetings.
2. Upon the adoption of this ordinance and thereafter each year at the time of the
selection of the chair and vice -chair, the chair will make panel assignments. In the
event of vacancies or absences on one or more panels, the chair may make
reassignments as needed so that each panel has no fewer than three members of the
commission. The chair shall designate the order of the rotation of the panels for
hearing matters under this chapter.
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3. The ethics review commission shall be assigned staff by the city manager to assist
in its duties, as the city manager deems necessary. In order to carry out the
responsibilities of the office of the city attorney under section 2.92.080 of this code in
a situation as to when a complaint will be heard by the ethics commission as a whole,
an independent outside attorney shall be retained at the request of the city attorney
when the commission will hear an alleged violation of this chapter by a member of
the city council, and may be retained when otherwise requested by the city attorney.
The city attorney shall review any requests made -by the ethics review commission for
the appointment of independent legal counsel regarding a particular matter before the
commission and when appropriate, seek the retention of such counsel in conformity
with the provisions of this code and the obligations placed on the attorney by the
Texas Disciplinary Rules of Professional Conduct.
B. Duties. The ethics review commission shall meet as necessary to accomplish the
following duties. For the purposes of conducting meetings, a quorum shall consist of five
members of the Commission.
1. Oversee all ethics matters and assist the city council in resolving ethical issues.
2. Review, evaluate and provide recommendations on issues as requested by the city
council.
3. Provide recommendations for the city council regarding orientation programs or
procedures for officers and volunteers focusing on education of the importance of
ethics in city government and on the provisions of this chapter.
4. Provide information to the community on ethics in city government, as may be
necessary for the promotion of the public trust.
5. Issue advisory opinions, as provided by charter in the manner set forth in
subsection F below.
6. Review, evaluate and issue determinations, impose sanctions and provide
recommendations to the city council on complaints.
7. Provide information on the disposition of specific issues by referring to minutes of
commission meetings and ethics review commission reports.
8. Periodically review and propose changes to this chapter and the forms utilized
pursuant thereto.
9. Develop guidelines and procedures to promote compliance with this chapter.
10. Prepare written annual reports for the city council. Submit additional reports as
needed.
F. Advisory opinions.
1. By written request to the city attorney, any officer may request an advisory opinion
regarding whether his own proposed actions or conduct would violate this chapter. The
city manager may also request an advisory opinion regarding the proposed actions or
conduct of one or more employees. Such requests shall be submitted in writing to the
city attorney. Within 30 days of receipt, the city attorney shall call a meeting of a panel
of the ethics review commission in the same manner as provided in section 2.92,080 H
of this code, for the purpose of addressing the request. The panel shall, with all due
diligence, meet and confer to issue an advisory opinion; provided however, the panel
may, for good cause shown, decline to issue an advisory opinion, or the panel may refer
the matter to the commission as a whole.
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2. Reliance. A person who reasonably and in good faith acts in accordance with a
written advisory opinion issued by the ethics review commission or one of its panels
may not be found to have violated this chapter by engaging in conduct approved in the
advisory opinion, if:
a. the person requested the issuance of the opinion; or
b. the city manager disseminated the advisory opinion to city employees with the
intention that employees may rely on the opinion with respect to the identical
conduct or actions addressed in the opinion; and
c. the request for an opinion fairly and accurately disclosed all relevant facts
necessary to render the opinion.
Section 4. That Section 2.92.040 (Ethics review commission) of the El Paso City
Code, is amended to read as follows:
2.92.040 Gifts.
A. General Rule. An officer or employee shall not solicit, accept, or agree to accept for
themselves or a relative, the following:
1. any gift, of which the known or readily apparent value for each separate gift,
exceeds seventy-five ($75) dollars in value;
2. any gift that might reasonably tend to influence them to act improperly in the
discharge of official duties, or reasonably tend to improperly reward official
conduct; or
3. any gift from any lobbyist registered under chapter 2.94 of this code, of which the
known or readily apparent value for each separate gift exceeds ten ($10) dollars in
value.
B. Special Applications. Subsection A above does not include:
1. Political contributions made or received and reported in accordance with law;
2. Awards, such as plaques, certificates, trophies or personalized mementos, which are
reasonable in light of the occasion and publicly presented in recognition of public
service;
3. A gift conferred on account of kinship or a personal, professional, or business
relationship independent of the official status of the recipient;
4. Gifts or other tokens of recognition presented by representatives of governmental
bodies or political subdivisions who are acting in their official capacities which are
accepted for the city or in conjunction with the officeholder duties of an elected
official;
5. Commercially reasonable loans made to an officer or employee in the ordinary
course of the lender's business;
6. Complimentary copies of trade publications;
7. Reasonable hosting, including travel and expenses, entertainment, meals or
refreshments furnished in connection with public events, appearances or ceremonies
related to official city business, if furnished by the sponsor of such public event; or
in connection with attending seminars or workshops, speaking engagements,
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teaching, or rendering other public assistance to an organization or another
governmental entity;
8. An honorarium, transportation or lodging, the acceptance of which is not prohibited
under Sections 36.07 and 36.08, Texas Penal Code;
9. A ticket or admission pass, regardless of the actual or fact value of the ticket or
admission pass, to an event that is sponsored or conducted by the City;
10. A ticket or admission pass, regardless of the actual or face value of the ticket or
admission pass, to an event in which the officer or employee is participating in
connection with official duties or in which the officer or employee is participating in
connection with his spouse's or child's position or duties, provided that the receipt
of such ticket is reported as a reportable gift if such reporting is required under
section 2.92.070 B 2 of this code; and
11. Any solicitation for civic or charitable causes, or admission to a charity event
provided by the sponsor of the event, where the offer is unsolicited by the officer or
employee.
Section 5. That Section 2.92.050 (Standards of conduct) of the El Paso City Code, is
amended to read as follows:
2.92.050 Standards of conduct.
Officers or employees:
A. Shall not solicit, accept, or agree to accept any gift contrary to the provisions
contained in section 2.92.040 of this code;
B. Shall not use their official positions improperly to secure unwarranted privileges or
exemptions for themselves, relatives, or others. This provision does not preclude officers
or employees from acting in any manner consistent with their official duties or from
zealously providing public services to anyone who is entitled to them;
C. Shall not participate in malting or influencing any city governmental decision or action
in which they know that they have any financial interest distinguishable from that of the
public generally or from that of other city officers or employees generally;
D. Shall not give reasonable basis by their conduct for the impression that any person can
improperly influence, or unduly enjoy their favor in, the performance of their official
duties, or that they are unduly affected by the kinship, rank, position or influence of any
person;
E. Shall not use his or her position to secure official information about any person or
entity for any purpose other than the performance of official responsibilities;
F. Shall not use or disclose, other than in the performance of their official duties or as
may be required by law, confidential information gained in the course of or by reason of
their positions. This provision applies to former officers and employees as well as to
current ones;
G. Shall not knowingly perform or refuse to perform any act in order to deliberately
thwart the execution of the city ordinances, rules or regulations or the achievement of
official city programs;
H. Shall not utilize city resources or by omission allow city resources to be utilized for
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personal benefit or the personal benefit of any other person or entity, except to the extent
that the benefit received is strictly incidental to the performance of official duties, or to
the extent that the person is entitled by law to obtain public services from the city;
I. Shall not transact any business (other than ministerial acts) on behalf of the city with
any business entity of which they are officers, agents or members, or in which they have
a financial interest. In the event such a circumstance arises, then they shall make known
their interest, and:
1. In the case of an officer, abstain from voting on the matter and refrain from
discussion of the matter at any time with the other members of the body of which he
or she is a member and with any other person or body in city government which may
consider the matter; and
2. In the case of an employee, disclose the matter to an appropriate administrative
authority within city government so that reassignment or other suitable action may be
taken to remove the employee from any further involvement in the matter;
I Shall not personally provide services for compensation, directly or indirectly, to a
person or organization who is requesting an approval, investigation, or determination
from the body or department of which the officer or employee is a member. This
restriction does not apply to outside employment of an officer if the employment is the
officers primary source of income;
K. Shall not accept other employment or engage in outside activities incompatible with
the full and proper discharge of their duties and responsibilities with the city, or which
might impair their independent judgment in the performance of their public duty;
L. Shall not personally participate in a decision in a matter if the officer or employee is
negotiating or has an arrangement concerning prospective employment with a person or
organization that has a financial interest in a matter under consideration by or within the
jurisdiction of the city, and in the case of an employee if it has been detemvned by the
city manager that a conflict of interest exists. For purposes of this section, the term
"decision" shall mean a decision, approval, disapproval, recommendation, investigation
or rendering of advice, and the term "matter" shall include but not be limited to a matter,
proceeding, application, request for ruling or determination, contract or claim which
involves the city. In such instance, the officer or employee shall:
1. In the case of an employee, immediately notify the official responsible for
appointment to his or her position of the nature of the negotiation or arrangement and,
if the city manager determines that a conflict of interest exists, follow the instructions
of the city manager with regard to further involvement in the matter; or
2. In the case of a board member, immediately notify the board of which he or she is a
member of the nature of the negotiation or arrangement and:
a. Refrain from discussing the matter at any time with other board members or
members of the city council if the city council will also consider the matter; and
b. Abstain from voting on the matter; or
3. In the case of a member of the city council, file an affidavit with the city clerk
describing the nature of the negotiation or arrangement and:
a. Refrain from discussing the matter at any time with other council members or
members of a board that will consider the matter; and
b. Abstain from voting on the matter;
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A Shall not receive any fee or compensation for their services as officers or employees
of the city from any source other than the city, except as may be otherwise provided by
law. This shall not prohibit their performing the same or other services for a public or
private organization that they perform for the city if there is no conflict with their city
duties and responsibilities;
N. Shall not, in the case of an employee, recklessly disregard the established practices or
policies of the city relating to the duties assigned to the employee;
O. Shall not, in the case of a member of the city council or an employee, personally
represent or appear in behalf of the private interest of another before the city council, or
any city board or department; or, if the represented person's interest is adverse to that of
the city; represent any person:
1. In any quasi-judicial proceeding involving the city; or
2. In any judicial proceeding to which the city is a party; provided that nothing in this
subsection shall preclude:
a. A city council member from speaking or appearing without compensation
before the city council or any board or department on behalf of constituents in the
course of his or her duties as an elected official;
b. Any employee from performing the duties of his or her employment;
c. Any employee from appearing before the city council or any city board or
department, in a manner consistent with other city policies and rules, to discuss
any general city policies or public issues, including the presentation of viewpoints
or petitions of other employees; or
d. A city council member or an employee from testifying as a witness under
subpoena in a judicial or quasi-judicial proceeding; and
P. Shall not, in the case of a board member, personally represent or appear in behalf of
the private interests of another:
1. Before the board of which he or she is a member;
2. Before the city council unless the board member discloses his or her status as a
board member to the council and the representation or appearance does not relate to a
matter that was heard or decided by the board of which the board member is a
member or a board that has appellate jurisdiction over the board of which the board
member is a member;
3. Before a board which has appellate jurisdiction over the board of which he or she is
a member; or
4. In a judicial or quasi-judicial proceeding to which the city or an employee of the
city is a party, if the interest of the person being represented is adverse to that of the
city or an employee of the city and the subject of the proceeding involves the board
on which the board member is serving or the department providing support services
to that board.
Section 6. That Section 2.92.060 (Restrictions) of the El Paso City Code, is
amended to read as follows:
2.92.060 Restrictions.
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A. An officer, or an employee in a position which involves significant reporting,
decision -making, advisory, or supervisory responsibility, who leaves the service or
employment of the city shall not, during the twenty-four months after leaving the service
or employment of the city, engage in lobbying activities as a registered lobbyist as
regulated in Chapter 2.94 of this Code, or represent any other person or organization in
any formal or informal appearance before the city council or a city board or department.
Provided however, the prohibition in this subsection pertaining to appearances before the
city council or a city board or department shall not apply to a former board member
except when the former board member represents any other person or organization before
the board of which he had been a member and any subsequent appearance before a board
with appellate jurisdiction or the city council..on-the same matter -or issue.
B. Former officers and employees shall not use for their personal benefit and shall not
disclose, except as may be required by law, confidential information gained in the course
of or by reason of their positions. This provision shall not prohibit the disclosure of any
such information to incumbent city officers or employees to whose duties such
information may be pertinent.
C. A person shall not, during the twelve (12) months after having served on and left the
Civil Service Commission, represent any classified employee of the City before the Civil
Service Commission or before a Hearing Officer appointed by the Civil Service
Commission on a disciplinary matter or grievance. Further, a person after leaving the
Civil Service Commission, shall not represent an employee on any matter before the Civil
Service Commission or a Hearing Officer appointed by the Civil Service Commission
that was before the Civil Service Commission during the time that such person served on
the Civil Service Commission.
D. A person shall not, during the twelve (12) months after having served on and left the
Civil Service Commission, be appointed as a Hearing Officer for the Civil Service
Commission.
E. A person appointed as a Hearing Officer for the Civil Service Commission shall not
during the time of service and for twelve (12) months after having so served represent any
classified employee of the City before the Civil Service Commission or before a Hearing
Officer appointed by the Civil Service Commission on a disciplinary matter or grievance. A
former Hearing Officer appointed by the Civil Service Commission shall not represent a
classified employee on any matter before the Civil Service Commission or a Hearing
Officer appointed by the Civil Service Commission that was before such person during the
time he served as a Hearing Officer.
Section 7. That Section 2.92.070 (Reporting requirements) of the El Paso City
Code, is amended to read as follows:
2.92.070 Reporting requirements.
A. Financial Disclosure
1. Each officer, excluding elected officials whose financial disclosure requirements are
governed by city charter, and each designated employee as defined in subsection A 2 of
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this section, shall file with the city clerk, within 10 business days after the date of his or
her appointment, selection or approval by the city council, a statement disclosing:
a. Where, by whom and in what specific capacity that person is employed or
self-employed;
b. Membership on boards of directors of corporations, whether organized for
profit or not;
c. Partnership interests; and
d. The name and address of any business in which the person has a financial
investment, and in the case of mutual funds and other similar pooled
investments, the name of the fund or investment. For purposes of this
subsection; a financial investment shall not include .funds on deposit. with
financial institutions such as checking and savings accounts, investments
in United States savings bonds, and similar investments that cam simple,
compounded or money-market interest rates;
unless the person has previously been appointed to a position that requires the filing
of a financial disclosure form and the person already has a current financial disclosure
form on file with the city clerk.
2. "Designated employee" for purposes under this section, means the city manager,
deputy city managers, all city department heads or directors, and the executive
assistants to the mayor,
3. Each person submitting a statement of financial disclosure required under this section
shall utilize a form provided by the city clerk, which shall be signed and submitted in
hard copy, or submitted electronically or by facsimile as may be provided by the city
cleric. The form or submission process shall provide a means by which the submitter
affirms his or her identity and the accuracy of the statements made therein.
4. No person submitting such a statement of financial disclosure must indicate therein
the extent of financial involvement in any investments.
5. Each person subject to this section shall thereafter file with the city cleric a financial
disclosure statement, between June 1st and June 30th of each year while in office or
employed by the city, or at any other time in which the person changes his or her
primary employment or has made changes in financial investments which cumulatively
total more than thirty five percent of the person's total investments. Those persons who
have no changes to report regarding the information required to be reported, may, in lieu
of filing a complete financial disclosure form, file a short form annual report, provided
that they have filed a complete financial disclosure form within the previous five years.
6. Each candidate for elective office and each candidate for appointment as a designated
employee shall be provided with a notice of financial disclosure requirements at the time
of application for such office or employment.
7. The following types of boards are exempt from the financial disclosure requirements
of this chapter:
a. boards whose regulation is pre-empted by federal or state law;
b. boards expressly exempted by the city council for reasons to be stated by the
city council upon granting such exemption.
8. The city clerk shall, no later than August 15th of each year, prepare a report which
notes whether each person subject to the filing requirement of this section has filed the
required financial disclosure statement as of the date of the report. In the event that a
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person subject to the filing requirement has not filed his or her financial disclosure
statement by the date of the completion of the report or in the event that a person fails to
file his or her financial disclosure form within ten business days after the date of their
appointment and they do not already have a current financial disclosure form on file, the
city clerk shall send a written notice by certified mail, return receipt requested, with a
copy sent by regular mail, to the person to advise the person that the clerk's records
indicate that the person is subject to the requirement of this section, the person has not
filed a financial disclosure statement as required by this section and that the person has
fifteen days from the date of the letter to file his or her financial disclosure statement. If
the person is a board member covered under subsection (A)(9)(e) of this section, the city
clerk will also advise the board .member that the failure to. timely. file the. financial
disclosure statement will result in the automatic removal of that board member from his
or her office. If the person is a designated employee, the city clerk may hand -deliver the
notice required under this section in lieu of mailing it and shall provide a copy of the
notice to the mayor,
9. In the event that a board member fails to file his or her financial disclosure statement
by the deadlines calculated under subsections (A)(1) or (8) of this section, the following
actions will be taken:
a. In the event that the board member is a member of the civil service commission,
the city clerk shall prepare and send a notice of the failure of the civil service
commission member to file a financial disclosure statement to each member of the
city council for their review and consideration regarding the possible removal of the
civil service commission member from office in accordance with Section 6.1-10 of
the city charter.
b. In the event that the board member is a member of the zoning board of
adjustment, the city clerk shall prepare and send a notice of the failure of the zoning
board of adjustment member to file a financial disclosure statement to each member
of the city council for their review and consideration regarding the possible removal
of the zoning board of adjustment member from office in accordance with Section
211.008, Texas Local Government Code.
c. In the event that the board member is a member of the public service board other
than the mayor, the city clerk shall prepare and send a notice of the failure of the
public service board member to file a financial disclosure statement to each member
of the city council for their review and consideration regarding the possible removal
of the public service board member from office in accordance with the applicable
removal provisions contained in any pertinent ordinance adopted by the city for the
issuance of water or sewer revenue bonds.
d. In the event that the board member is a member of the El Paso Housing Finance
Corporation, the industrial development authority, or other similar corporation
organized pursuant to state law, the city clerk shall prepare and send a notice of the
failure of the board member to file a financial disclosure statement to each member
of the city council for their review and consideration regarding the possible removal
of the board member from office in accordance with the applicable removal
provisions contained in any articles of agreement or bylaws of the corporation or
statutory provisions.
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e. In the event that the board member is a member of any other city board subject to
the requirement of this section, that board member shall be deemed removed from
office without action or review by the city council. The city clerk shall prepare and
send a notice of the removal to the board member and to the city council member
who had appointed the board member. The removal shall be effective on the date
that the notice is deposited in the United States mail or if not mailed, upon delivery
to the board member.
10. The removal provision established in subsection (A)(9)(e) of this section for the
failure of a board member to file a financial disclosure statement shall be in addition to
and shall be controlling over any other city ordinance or city council resolution that
establishes procedures for the removal of board members.
B. Reporting of Gifts.
1. Each officer and designated employee shall keep a written record of all reportable
gifts received during his or her term of office or employment.
2. Such record shall be made for each calendar month. The record shall include a
description of the reportable gift received; the name of the person and organization
giving the reportable gift; the relationship of the donor to the reporter; the value or
estimated value of the reportable gift; and the immediate or intended disposition of
the reportable gift. A reportable gift consisting of a certificate or admission ticket or
pass to a future event or activity shall be deemed to have been received on the date on
which the certificate or admission ticket or pass was received, and if such certificate
or admission ticket or pass must be reported under subsection B 4 d, a statement as to
the duties performed.
3. Such monthly record shall be submitted to the city cleric on the form she provides
no later than the tenth day of the following month for each month during which a
reportable gift is received.
4. "Reportable gifts" for purposes under this section shall mean the following:
a. Any gift that is not covered by the special applications under section 2.92,040
B of this code, has a value of more than ten ($10) dollars, and was conferred on
account of the official status of the recipient or in connection with official city
business, except as provided below in subsections b, c and d;
b. Any hosting, such as travel and expenses, entertainment, meals or refreshments,
that has a value of more than fifty ($50) dollars, other than hosting provided on
account of kinship or a personal, professional, or business relationship
independent of the official status of the recipient;
c. Any award presented in recognition of public service, or an honorarium, with a
value of more than fifty ($50) dollars; and
d. Any tickets or other admission passes to an event with an actual or face value
of more than ten ($10) dollars for all tickets or admission passes to the same event
received at the same time, except for tickets or admission passes provided by the
City for an event that is sponsored or conducted by the City.
5. Any gift, benefit, hosting, honorarium or other economic gain or economic
advantage that is refused and returned to the sender within seventy-two hours of
receipt shall not constitute a reportable gift under this section.
6. Any gift which exceeds seventy-five ($75) dollars in value, which is not covered
by the special applications under Section 2.92.040 B of this code and which is turned
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over to the city manager within seventy-two hours of receipt for acceptance as a gift
to the city, shall not constitute the acceptance of a gift in violation of section 2.92.050
A of this code, provided that the disposition of such gift is reported on a timely filed
reportable gift form.
7. The city manager, on a monthly basis, shall prepare a report which shall be made
available to the public of all gifts that have been turned over to his office for
acceptance as a gift to the City.
8. For purposes of this section, "honorarium" shall mean a payment, other than
reimbursement for meals, travel or lodging expenses, for services provided in
connection with addressing an audience or engaging in a seminar.
Section 8. That Section 2.92.080 (Complaints —filing —review) Of the El Paso City
Code, is amended to read as follows:
2.92.080 Complaints —ding —review.
A. Any person (including a member of the ethics review commission) who believes that
there has been a violation of this chapter may file a sworn complaint with the city clerk to
allege such violations.
B. A person who knowingly makes a false statement in a complaint, or in proceedings
before the ethics review commission, is subject to criminal prosecution for perjury.
C. A complaint filed under this section must be in writing and under oath and must set
forth in simple, concise, and direct statements:
1. The name of the complainant;
2. The street or mailing address and the telephone number of the complainant;
3. The name of each person complained about;
4. The position or title of each person complained about;
5. The nature of the alleged violation, including whenever possible, the specific
provision of this chapter alleged to have been violated;
6. A statement of the facts constituting the alleged violation and the dates on
which or period of time in which the alleged violation occurred; and
7. All documents or other material available to the complainant that are relevant
to the allegation; a list of all documents or other material relevant to the
allegation and available to the complainant but that are not in the possession
of the complainant, including the location of the documents, if known; and a
list of all documents or other material relevant to the allegation but
unavailable to the complainant, including the location of the documents, if
known.
D. The complaint must be accompanied by an affidavit stating that the information
contained in the complaint is either true and correct or that the complainant has good
reason to believe and does believe that the facts alleged constitute a violation of this
chapter. If the complaint is based on information and belief, the complainant shall state
the source and basis of the information and belief. Each complainant, other than a
member of the ethics review commission, shall swear to the facts by oath before a notary
public or other person authorized by law to administer oaths under penalty of perjury.
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The complaint must state on its face an allegation that, if true, constitutes a violation of
this chapter that is administered and enforced by the commission.
E. A complaint shall be promptly forwarded by the city cleric to the city attorney's office
for review to determine whether the matter described is within the purview of the ethics
review commission; provided however, that a complaint that is not sworn as required by
this section shall not be forwarded by the city cleric to the city attorney's office, but shall
be returned to the complainant.
F. Within fourteen days of the filing of the complaint, the city attorney's office shall
provide a copy of the complaint, this ordinance, and any rules of the ethics review
commission to the respondent and advise the respondent that he may, within seven days
of receipt, respond by sworn writing filed.with the city cleric, a copy of which shall be
provided to the respondent and the city attorney's office.
G. Within twenty days of the filing of the complaint, the city attorney's office shall take
one of the following actions:
1. Refer the matter to the ethics review commission if the complaint is filed in
conformity with the requirements of this section and the matter is within the
purview of the ethics review commission;
2. In the event that deficiencies in the complaint are identified that prevent the
city attorney's office from malting a meaningful review of and determination
regarding the appropriate disposition of the complaint, the city attorney's
office may notify the complainant in writing of such deficiencies that could be
capable of correction and request such correction within fifteen days of the
date of the communication to the complainant. The time for action under this
section shall be tolled while the city attorney's office awaits the complainant's
response, up to a maximum of fifteen days;
3. Dismiss any complaint that does not relate to a person subject to the
jurisdiction of the ethics review commission, or any complaint, that if true as
alleged, would not as a matter of law constitute a violation of this chapter; or
4. Refer complaints that cannot be readily assigned to the ethics review
commission because of deficiencies, complaints that lack specificity in
identifying the alleged violations of this chapter, and complaints that appear to
have been frivolously filed to a panel of the commission.
H. If the matter is referred to a panel under subsection G 4 above, at least three eligible
members of the panel shall meet as soon as practicable to review the complaint. In the
event that at least three eligible members of the panel are unable to schedule and hold a
meeting within thirty days, the city attorney's office shall rotate the panels and schedule
the meeting with the next panel on the list, continuing until such time as the meeting is
scheduled and held. The panel, by majority vote, shall take one of the following actions,
which shall be reported to the ethics review commission at the commission's next
following meeting or at a meeting scheduled pursuant to section 2.92.090 A of this code,
with such report to be reflected in the minutes of the meeting:
1. Review complaints that facially appear to be questionable or deficient for a
determination as to whether just cause exists to proceed with a hearing before
the ethics review commission. "Just cause" means such cause as is found to
exist upon a reasonable inquiry that would induce a reasonably intelligent and
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prudent person to believe that a person has committed an act or acts
constituting an ethical violation under this chapter;
2. Review complaints which do not clearly state alleged violations of this
chapter and make a determination as to the specific identification of the
alleged violations, and if none exist, dismiss the complaint; or
3. Review complaints for a determination as to whether a complaint was
frivolously filed, and if so, dismiss the complaint and refer the matter to the
entire commission, who may issue an appropriate sanction to the complainant
of the type provided for in Section 2.92.090 11, 2 or 3 of this code.
a. For purposes of this subsection, a "frivolous complaint" is a sworn
complaint that is groundless and brought in bad faith or groundless and
brought for the purpose of harassment.
b. In deciding if a complaint is frivolous, the members will determine if
the complaint is groundless, brought in bad faith, or brought for the
purpose of harassment, and may consider:
(1) the nature and type of any publicity surrounding the filing of
the sworn complaint, and the degree of participation by the
complainant in publicizing the fact that a sworn complaint
was filed with the city;
(2) the existence and nature of any relationship between the
respondent and the complainant before the complaint was
filed;
(3) any evidence that the complainant knew or reasonably should
have known that the allegations in the complaint were
groundless; and
(4) any evidence of the complainant's motives in filing the
complaint.
Section 9. That Section 2.92.090 (Complaints —hearing —disposition) of the EI
Paso City Code, be added to read as follows:
Section 2.92.090 Complaints —hearing —disposition.
A. If the matter is referred to the ethics review commission as a whole, the commission
will schedule a review of the matter as soon as practicable and shall without delay,
provide copies of the complaint and all relevant documentation to the members of the
commission, the complainant and the respondent. If the matter was referred to the
commission by a panel, the relevant documentation shall include any findings and
determinations of the panel, to include the provisions of this chapter, if any, that were
identified by the panel as having been allegedly violated.
B. For all hearings of either a panel or the entire commission, the person submitting the
complaint and any persons named in the complaint will be sent written notice of the date,
time and place of the meeting by the city attorney's office so that these persons may have
the opportunity to attend the meeting at which the review will take place.
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C. In the event that either the complainant or the respondent, or their attorneys if any, are
unavailable to attend any scheduled hearing of the ethics review commission, they may
request a continuance of the hearing by submitting a written request for a continuance to
the city attorney. The complainant and the respondent (including their attorneys if any)
shall each be entitled to receive one automatic continuance as a matter of right.
Thereafter, any written requests for additional continuances shall be forwarded to the
chair of the commission, who may either make a determination and decision regarding
the request, or submit the request to the commission for the commission's determination
and decision at a scheduled meeting of the commission. The decision to grant a
continuance shall be made upon good cause shown and in the interest of promoting
fairness to all parties; based on the available information.
D. The complainant or respondent or their attorneys, or any witnesses requested to appear
at a hearing, who have questions regarding the conduct of any proceeding before the
ethics review commission or who need to raise any preliminary issue concerning the
conduct of a scheduled hearing, may bring such matters to the attention of the city
attorney. The city attorney or his designee shall resolve such matters to the extent
possible, and if necessary, consult the chair of the commission to determine the
appropriate resolution, or bring the matter forward to the commission at a scheduled
meeting for a resolution,
E. Only eligible members of the ethics review commission or a panel thereof will hear the
matters presented before them. A member shall not be eligible to hear the issues under
this section or as a member of a panel under section 2.92.080 of this code, and shall
recuse himself in the following situations:
1. Where, because of familial relationship, employment, investments, or
otherwise, his impartiality might reasonably be questioned;
2. When the member initiated the complaint;
3. When the complaint involves the member of the city council who nominated
him for a seat on the ethics review commission;
4. When the complaint involves a member of another city board or commission
on which the ethics review commission member also sits;
5. When the member is not present during one hearing of an investigation or
disposition of a complaint, the member shall recuse himself from further
hearings and matters regarding the complaint and shall cease to be eligible to
participate in the disposition of the complaint.
In the case of a recusal, the ethics review commission member shall abstain from voting
on the matter and refrain from discussion of the matter at any time with the other
members of the ethics review commission.
F. General rules for the conduct of a hearing.
1. The ethics review commission may at the start of a hearing establish time
limits and other rules relating to the participation of any person in the hearing,
subject to the provisions set forth herein. Such time limits and rules shall be
created for the purpose of establishing an orderly and fair hearing process for
all participants, and shall include a determination of the parameters of opening
and closing statements, the roles of the complainant and the respondent,
limitations regarding testimony from non -relevant or cumulative witnesses,
and the presentation and direct questioning of witnesses by the respondent,
446797 v I -Ord-09/Ethics ordinance revisions/Chapter 2.92
Document Author: EHEN
017112
18
complainant or any attorneys who may be in attendance and representing the
complainant and/or respondent. .
2. The person charged in the complaint (respondent) has the right to attend the "
hearing, the right to make a statement, the right to present witnesses pursuant
to the parameters set by the commission for the hearing, and the right to be
accompanied by legal counsel or another advisor. The legal counsel or other
advisor to the respondent may advise the respondent during the course of the
hearing, but may not speak on behalf of the respondent, except to represent
the respondent while testifying. The respondent, or his legal counsel or other
advisor, may not personally question or cross-examine witnesses, except with
-the:permission of the commission. - -
3. The complainant has the right to attend the hearing, the right to make a
statement and offer witnesses, and the right to be accompanied by legal
counsel or another advisor. The legal counsel or other advisor to the
complainant may advise the complainant during the course of the hearing, but
may not speak on behalf of the complainant, except to represent the
complainant while testifying. The complainant, or his legal counsel or other
advisor, may not personally question or cross-examine witnesses, except with
the permission of the commission.
4. As provided by the city charter, the ethics review commission shall have the
authority to request witness testimony and production. The chair or'his
designee on behalf of the commission, shall have the authority to request any
and all necessary assistance from the City Council for the purposes of
compelling testimony, including the subpoenaing of witnesses in accordance
with procedures authorized in the city charter and city ordinances, to include
authority to bring such matters forward to the City Council through the
placement of agenda items, as drafted in the proper form by the city attorney
or his designee.
5. The city attorney and his designees shall disclose to the ethics review
commission and provi& to the person charged in the complaint evidence
actually known to the attorneys tending to negate guilt or mitigate the
seriousness of the offense (exculpatory evidence).
6. All witnesses must be swom, and the members of the ethics review
commission or their designees shall conduct questioning of witnesses, or
allow questioning pursuant to the rules created under subsection F 1 above.
7. The ethics review commission is not bound by the rules of evidence, but shall
rely on evidence of which a reasonably prudent person commonly relies in the
conduct of the person's affairs. The commission shall hear evidence relevant
to the allegations and shall not consider hearsay unless it finds the nature of
the information if reliable and useful.
8. A determination that a violation of this chapter has occurred can be made only
upon an affirmative vote of a majority of the ethics review commission
members present and voting; otherwise the complaint must be dismissed. A
finding that a violation occurred must be supported by clear and convincing
evidence. "Clear and convincing evidence" means that measure or degree of
446797 vl -Ord-09/Ethics ardinancerevisions/Chapter 2.92 19
Document Author. EHEN
proof that produces in a person's mind a firm belief or conviction as to the
truth of the allegations sought to be established.
G. After hearing the complaint, the ethics review commission will issue a decision or
recommendation based on the information available to the commission. The ethics review
commission must:
1. Dismiss the complaint or find that no violation of the ordinance occurred, with
the grounds for such dismissal or finding set forth in the report;
2. Find that a violation of this chapter occurred and either find that a sanction is
not appropriate, or take action in accordance with subsections I or J below and
identify the particular provision or provisions determined to have been violated;
or-...__..... _ _
3. Recommend to the city council that the city council take up the matter in lieu of
a recommendation for a specific action from the ethics review commission and
identify the reasons for such recommendation in the report. In such case, the city
council may exercise any and all of the duties and responsibilities of the
commission.
H. If after hearing the issues, the ethics review commission dismisses the complaint or
finds that no violation of the ordinance occurred, the commission shall create a written
report of their findings or dismissal, and such report shall be filed with the minutes of the
meeting in the office of the city clerk, and a copy of the report shall be mailed to those
persons who were provided notice of the hearing and be made available on the city's
website for a period of one year.
I. If after hearing the issues, the ethics review commission determines that a violation of
this chapter has occurred, commission may issue any of the sanctions in subsections 1, 2
or 3 below, or recommend the issuance the sanction of removal from office.
1. Letter of Notification. A letter of notification may be issued when the ethics
review commission finds that a violation of this chapter was clearly
unintentional or when the action or conduct found to have been a violation of
this chapter was performed by the official in reliance on a written opinion of
the city attorney. A letter of notification may advise the person to whom the
letter is directed of any steps to be taken to avoid future violations.
2. Letter of Admonition. A letter of admonition may be issued when the ethics
review commission finds that the violation of this chapter was minor and/or
may have been unintentional, but where the circumstances call for a more
substantial response than a letter of notification.
3. Letter of Reprimand. A reprimand may be issued when the ethics review
commission finds that a violation of this chapter was committed intentionally
or through disregard of this chapter.
4. Removal from Office. Removal from office may be recommended to the city
council for action when the ethics review commission finds that a serious or
repeated violation of this chapter was committed by an officer intentionally or
through culpable disregard of this chapter.
If the ethics review commission votes to impose a sanction of a letter of
notification, a letter of admonition, or a letter of reprimand, the commission shall prepare
a written report of their findings, which shall be filed with the minutes of the meeting in
the office of the city clerk and be made available on the city's website for a period of one
946797 vl - Ord-09/Ethics ordinance revisions/Chnpter2.92
Document Author. EHEN
017112
20
year. The city attorney shall draft the letter of sanction per the direction of the
commission and mail a copy of the letter to the person receiving the sanction, certified,
return receipt requested.
J. If the ethics review commission recommends the imposition of the sanction of removal
from office, it shall prepare a written report containing its recommendation. The report
will be sent to the city clerk who shall, within fourteen days of receipt, place the matter
on the city council agenda for discussion and action by the city council regarding the
recommendation of the ethics review commission. The final authority to carry out a
recommendation for removal from office shall be with the city council and shall take
place in conformity with any other law or requirements for such removal. The city clerk
shall, within fourteen days of the date of any. city council action taken on a complaint,
forward a copy of such action to the chair of the ethics review commission.
Section 10. That Section 2.92.150 (Penalty) of the El Paso City Code, is amended to
read as follows:
2.92.150 Penalty.
A. The failure of any officer or employee to comply with this chapter or the violation of
one or more of the standards of conduct set forth in this article, which apply to him or
her, shall constitute grounds for expulsion, reprimand, removal from office or discharge.
In the case of an employee of the city, disciplinary action and appeals therefrom shall be
in conformance with procedures established by the city charter and personnel rules and
regulations. In the case of an officer, the matter shall be decided by the ethics review
commission in accordance with the provisions in Section 2.92.080 or by a vote of the city
council in accordance with the charter or in accordance with applicable state law. The
decision of these bodies shall be final.
B. It shall be unlawful for any person to knowingly violate any provision under Sections
2.92.050(F), 2.92.060 or 2.92.100 of this chapter.
C. It shall be unlawful to engage in any of the following ex parte communications
regarding a complaint filed pursuant to section 2.92.080 of this code:
1. For the complainant, the respondent, or any person acting on their behalf, to
engage or attempt to engage directly or indirectly about the subject matter or
merits of a complaint in ex parte communication with a member of the ethics
review commission, a member of the city council, or any known witness to
the complaint; or
2. For a member of the ethics review commission, to knowingly entertain an ex
parte communication prohibited by subsection C 1 above, or to communicate
about any issue of fact or law relating to the complaint directly or indirectly
with any person other than a member of the ethics review commission or the
city attorney's office.
D. Any offense for a violation of a criminal provision of this chapter shall be separate
from and in addition to any criminal offense under the Texas Election Code.
146797 vl - Ord-OR/Ethics ordinance revisions/Chapter2.92 21
Document Author. EHEN
Section 11. That, except as herein amended, Chapter 2.92 (Ethics), shall remain in full
force and effect. _
ADOPTED this 0 # day of April 2009.
CITY -OF EL P!ASO.
JoIVF. Cook, Mayor
ATTEST:
Richards Duffy Mort} en
City Clerk
APPROVED AS TO FORM:
Elaine S. Hengen
Senior Assistant City At mey
446797 vl - Ord-09/Ethics ordinance revisions/Chapter 2.92 22
Document Author: EHEN
017112
CITY OF FL PASO ETHICS REVIEW COMMISSION
COMPLAINT FORM
Please refer to the instructions accompanying this form for assistance in filling out this forni.
PLEASE TELL US I IOW WE MAY CONTACT YOU:
Name: (First. middle and
2.
3. Telephone Number: Day:.
THE FOLLOWING INFORMATION PERTAINS TO A MATTER REGARDING AN ETHICAL
ISSUE PERTAINING TO THE OPERATION OF THE CITY OF EL PASO OR THE ETHICAL
OBLIGATIONS IMPOSED ON OFFICERS BY THE CITY'S ETHICS ORDINANCE.
4. Names of other persons with relevant information and their address or position. if known:
5. Please state the ethical issue or policy you seek to have reviewed or which allegedly has been
violated (attach additional pages or relevant documents, if necessary).
6. Please identify any other sources of evidence that you wish the commission to consider:
Date:
The undersigned represents to the Ethics Review Commission that the information contained in
or attached to this Form is true and correct in all respects and that he/she has not been paid or
otherwise improperly induced to submit this Fonn by any individual or entity.
Signature
For City use only: Received on , by
Complaint no.
Forwarded to Ethics Review Commission -yes_ (date ) no_ by
'47820 vl —Ethics Review Commission Citizen Complaint Form wall required Affidavit form/ethics complainUZ009
Document Author: El HEN
INSTRUCTIONS FOR THE COMPLAINT FORM
1. INTRODUCTION. The Ethics Review Commission of the City of El Paso exists pursuant to
Chapter 2.92 of the El Paso City Code. and was established for the purpose of acting as an
advisory body to the Mayor and City Council on matters concerning ethics in the government
of the City of El Paso. The Commission is composed of nine citizens, one each appointed by
the Mayor and each City Council member, who serve staggered two-year terms.
The Ethics Review Commission meets monthly, or as necessary, to review matters
presented to it and formulate recommendations to be forwarded to the Mayor and City
Council. The meetings are open to the public.
11. PROCEDURE. Individuals may refer matters to the Ethics Review Commission by
submitting a Compliant Form to the Office of the City Attorney. The Ethics Review
Commission has no jurisdiction or authority to take any action regarding the specific conduct
or actions of a City employee or to act upon complaints that allege criminal violations. If
You wish to make a complaint regarding the conduct or actions of a City employee, you may
do so by submitting a written, notarized complaint to the Civil Service Commission. located
within the Department of Personnel on the third floor of City Hall.
The Office of the City Attorney reviews all forms to determine whether the matter
described is within the jurisdiction of the Ethics Review Commission. You will be notified
in writing as to the action taken with your Complaint Fonn. and if the matter is referred to
the Commission, it will be scheduled for a Commission meeting. You and every person
named in the complaint will be advised of the date. time and location of the meeting. If it is
determined that the matter is outside of the jurisdiction or authority of the Commission. no
action can or will be taken by the Commission regarding the matter.
If you submit a Complaint Form you may be asked to appear before the Ethics Review
Commission. Additionally. the Chair of the Commission may notify other persons who may be
able to provide relevant information that the matter will be considered by the Commission.
Individuals with information relevant to a matter before the Commission will be recognized at
the meeting, at the discretion of the Chair of the Commission, and if so recognized, allowed to
present their information within the time constraints established by the Chair.
47820 vl — Ethics Review Commission Citizen Complaint Form with required Affidavit form/Ethics complainN2009
Document Author EDEN
STATE OF TEXAS )
COUNTY OF EL PASO )
AFFIDAVIT ACCOMPANYING THE FILING OF A COMPLAINT UNDER
CHAPTER 2.92 OF THE CITY CODE (ETHICS ORDINANCE)
BEFORE ME, the undersigned authority, personally appeared the person whose name is
written below, being by me duly sworn, deposed as follows:
"My name is . I am over the age of
eighteen (18) years of age, of sound mind, capable of making this affidavit, and personally
acquainted with the facts herein stated:
-I am tiling a complaint pursuant to Section 2.92.080 of the El Paso City Code (Ethics
Ordinance), and I hereby swear or affirm that the information contained in said complaint is
either true and correct or that I have good reason to believe and do believe that the facts alleged
therein constitute a violation of Chapter 2.92 of the El Paso City Code."
Further, Aftiant sayeth not.
(SIGNATURE)
(PRINT NAME)
SWORN TO AND SUBSCRIBED BEFORE ME, the undersigned authority, by
on this the day of , 20
NOTARY PUBLIC IN AND FOR THE STATE
OF TEXAS
MY COMMISSION EXPIRES:
'47820 vl — Ethics Review Commission Citizen Complaint Form with required ARdavit form/Ethics complaim/2009
Document Author EIIEN
ORDINANCE NO. 1010.1
AN ORDINANCE OF THE CITY OF DRIPPING SPRINGS, TEXAS; PROVIDING AN
ETHICS ORDINANCE FOR THE CITY; PROVIDING FOR STANDARDS OF
CONDUCT; PROVIDING FOR DISCLOSURE OF INTEREST; PROVIDING FOR AN
ETHICS REVIEW COMMISSION; PROVIDING FOR DISPOSITION OF ALLEGED
VIOLATIONS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the conduct of the public business should be accomplished City Officials of the
City of Dripping Springs free of any personal financial interests that are different from the
interests of the general public;
WHEREAS, it is important to the City Officials of the City that they be provided with a process
and procedure to provide notice and to refrain from participation in any business of the City in
which such City Official has a personal or financial interest that is different from that of the
general public; and
WHEREAS, a reasonable Ethics Ordinance and disclosure requirements will provide a basis for
continuing confidence in the conduct of the business and affairs of the City;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF DRIPPING SPRINGS,
TEXAS:
SECTION I. DEFINITIONS
The following words, terms, and phrases, when used in this Ordinance, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning.
Words used in the present tense include the future tense. Words used in the plural number
include the singular, and words in the singular include the plural. The word "shall' is always
mandatory. The word "herein" means in the Ordinance. The word "person" means any human
being or legal entity and includes a corporation, a partnership, and an incorporated or
unincorporated association.
A. Business Entity. Any corporation, partnership, sole proprietorship, fine, holding
company, joint stock company, receivership, trust, or any other entity recognized by law.
B. City Contractor. Any person and entity that is engaged by the City to provide
professional services and receives compensation therefor.
C. City Official. The Mayor, any member of the City Council, or another officer, whether
elected, appointed, paid, or unpaid, of the City who exercises responsibilities beyond
those that are advisory in nature.
1
D. Compensation Any economic benefit received in return for labor, services, property, or
investment.
E. 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.
Gift. A favor, hospitality, or economic benefit other than compensation but which does
not include campaign contributions reported as required by state taw, gifts received from
a relative if given an account if 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.
G. Income. Economic benefit received.
H. Intentionally. A person acts intentionally, or with intent, with respect to the nature of
his/her conduct or to a result of his/her conduct or to a result of his/her conduct when it is
his/her conscious objective or desire to engage in the conduct or cause the result.
L Knowingly. A person acts knowingly, or with knowledge, with the respect to the nature
of his/her conduct or to circumstances surrounding his/her conduct when he/she is aware
of the nature of his/her conduct so that the circumstances exist. A person acts knowingly,
or with knowledge, with respect to a result of his/her conduct when he/she is aware that
his/her conduct is reasonably certain to cause the result.
Substantial Interest
A person has a substantial interest in a business entity if.
(a) the person owns 10 percent of more of the voting stock or shares of
the business entity or owns either 10 percent or more or $15,000 or
more of the fair market value of the business entity; or
(b) funds received by the person from the business entity exceed 10
percent of the person's gross income for the previous year.
2. A person has a substantial interest in real property if the interest is an equitable or
legal ownership with a fair market value of $2,500 or more.
A City Official is considered to have a substantial interest under this section if a
person related to the City Official in the first degree by consanguinity or affinity,
as determined under Chapter 573, Government Code, has a substantial interest
under this section.
SECTION II. STANDARDS OF CONDUCT AND DISCLOSURE OF
INTEREST FOR CITY OFFICIALS
A.
Policy.
It is the policy of the City that the proper operation of democratic government
requires that City Officials be independent, impartial and responsible to the
people; that government decisions and policy be made in proper channels of the
governmental structure; that public office not be used for personal gain; and that
the public have confidence in the integrity of its government. In recognition of
these goals, a Code of Ethics for City Officials is adopted.
This Code has four purposes: 1) to encourage high ethical standards in official
conduct by City Officials; 2) to establish guidelines for ethical standards of
conduct for all such City Officials by setting forth those acts or actions that are
incompatible with the best interests of the City; 3) to require disclosure by such
City Officials of private financial or other interests in matters affecting the City;
and 4) to serve as a basis for disciplining those who fail to abide by its terms.
Notwithstanding anything contained in the Ordinance to the contrary, the
provisions of this Ordinance 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.
2
Standards of Conduct.
Grounds for Removal
A City Official may be removed from office for:
(a) official misconduct, or
(b) the conviction of any felony or for a misdemeanor involving
official misconduct.
Gifts
(a) No City Official shall intentionally or knowingly offer, confer, or
agree to confer on another, or solicit, accept, or agree to accept
from another:
0
(1) any benefit as consideration for the recipient's decision,
opinion, recommendation, vote or other exercise of
discretion as a City Official or;
(2) any benefit as consideration for a violation of a duty
imposed by law on a City Official.
3. Abstention from Voting
(a) If a City Official has a substantial interest in a business entity or in
real property, the City Official shall file, before a vote or decision
on any matter involving the business entity or the real property, an
affidavit stating the nature and extent of the interest and shall
abstain from further participation in the matter if:
(1) in the case of a substantial interest in a business entity the
action on the matter will have a special economic effect on
the business entity that is distinguishable from the effect on
the public; or
(2) in the case of a substantial interest in real property, it is
reasonably foreseeable that an action on the matter will
have a special economic effect on the value of the property,
distinguishable from its effect on the public.
(b) The affidavit must be filed with the Secretary of the City of
Dripping Springs.
(c) If a City Official is required to file and does file an affidavit under
Subsection (a), the City Official is not required to abstain from
further participation in the matter requiring the affidavit if a
majority of the members of the governmental entity of which the
City Official is a member is composed of persons who are likewise
required to file and who do file affidavits of similar interests on the
same official action.
4. General Provisions.
(a) No City Official shall, in reliance on information to which he/she
has access by virtue of his/her office or employment and that has
not been made public,: acquire or aid another to acquire a
pecuniary interest in any property, transaction, or enterprise that
may be affected by the information; or speculate or aid another to
speculate on the basis of the information;
9
(b) No City Official shall with intent to obtain a benefit or with intent
to harm or defraud another, disclose or use information for a
nongovernmental purpose that he/she has access to be means of
his/her office or employment, and has not been made public.
(c) No City Official shall with intent to obtain a benefit or with intent
to harm or defraud another, intentionally or knowingly misuse
government property, services or personnel, or any other thing of
value belonging to the government that has come into the public
servant's custody or possession by virtue of the public servant's
office of employment.
(d) Any City Official who has a legal or equitable interest in property
that is to be acquired with public funds shall file an affidavit within
10 days before the date on which the property is to be acquired by
purchase or condemnation.
The affidavit must:
(1) state the name of the City Official;
(2) slate the City Official's office, public title, or job
designation;
(3) fully describe the property;
(4) fully describe the nature, type, and amount of
interest in the property, including the percentage of
ownership interest;
(5) state the date when the person acquired an interest
in the property;
(6) includes a verification; and
(7) contain an acknowledgement of the same type
required for recording a deed in the deed records of
the county.
(e) Any City Contractor that has a substantial interest in a business
entity, or represents a person or business entity that has any
pending applications with the City, shall file a notice with the City
Secretary stating such interest or representation at least two weeks
prior to the date of any consideration of such application by the
appropriate body of the City. If such body desires such City
Contractor to continue to advise such body regarding such
application, a written acknowledgement and waiver shall be
5
executed by the presiding officer of such body.
SECTION III. SEVERABILITY
If any provision of this Ordinance or the application of any provision to any person or
circumstance is held invalid, the invalidity shall not affect other provisions or
applications of the Ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this Ordinance are declared to be severable.
SECTION IV. EFFECTIVE DATE
This Ordinance shall take effect immediately from and after its passage and publication
in accordance with the provisions of the Texas Local Government Code, and it is
accordingly so ordained.
SECTION V. OPEN MEETINGS
It is hereby officially found and determined that the meeting at which this Ordinance is
passed was open to the public as required and that public notice of the time, place and
purpose of said meeting was given as required by the Open Meetings Act.
PASSED AND APPROVED on this the :2 day of 2003.
CITY OF DRIPPIN PRINGS
A_
Mayor Todd Purcell
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ORDINANCE NO.0"9-27-E
AN ORDINANCE OF THE VILLAGE OF BEE CAVE, TEXAS,
AMENDING CHAPTER 9 OF THE VILLAGE OF BEE CAVE CODE OF
ORDINANCES BY AMENDING ARTICLE 9.1100, "CODE OF ETHICS
ADOPTED," INCLUDING REGULATIONS RELATED TO CONFLICTS
OF INTEREST; INTERESTS IN PROPERTY ACQUIRED WITH PUBLIC
FUNDS; NEPOTISM; BRIBERY; HONORARIUMS; GIFTS; VILLAGE
RECORDS; MISUSE OF OFFICIAL INFORMATION; ABUSE OF
OFFICIAL CAPACITY; AND OFFICIAL OPPRESSION; AND
AMENDING ARTICLE 9.1200, "OFFICE OF DEPUTY VILLAGE
ATTORNEY" AND PROVIDING FOR AN EFFECTIVE DATE; PROPER
NOTICE AND MEETING; SEVERABILITY CLAUSE AND REPEALER
CLAUSE.
WHEREAS, statutory provisions goveming the ethical conduct of public officials
and employees are found in various codes including the Texas Local Government
Code, the Texas Govemment Code and the Texas Penal Code; and
WHEREAS, the Board of Alderman ("Board") of the Village of Bee Cave
("Village") finds it desirable and necessary to adopt and amend its comprehensive
ethics ordinance that sets out the statutory parameters relating to the conduct of public
officials and employees in one easily accessible location; and
WHEREAS, the Board believes that a position in govemment is a position of
public trust that demands a high standard of behavior, and
WHEREAS, each employee and official of the Village should uphold the
Constitution, laws and regulations of the United States and the State of Texas; and
WHEREAS, the Village seeks to promote personal integrity, honesty and ethical
conduct in all activities undertaken by Village employees and officials through the
adoption of this Ordinance; and
WHEREAS, the Village seeks to inspire public confidence and trust in Village
officials and employees through the adoption of the "Ethics Code"; and
WHEREAS, new appointments to the office of the Deputy Village Attorney is
necessary since the Village now employs the firm of Bickerstaff Heath Smiley Pollan
Kever and McDaniel as its Village Attorney;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMAN OF
THE VILLAGE OF BEE CAVE, TEXAS:
VILLAGE OF BEE CAVE PAGE 1 OF 21
ORDINANCE No. 05-09-13-_
SECTION 1. RECITALS
The Board hereby finds that the statements set forth in the recitals of this Ordinance are
true and correct, and the Board hereby incorporates such recitals as part of this
Ordinance.
SECTION 2. ADOPTION OF CODE OF ETHICS
Article 9.1100 Code of Ethics is hereby amended as follows:
The Code of Ethics dated September 27, 2005 attached hereto Exhibit "A"
and incorporated herein for all purposes is hereby enacted and shall
replace the document entitled W13C - Do the Right Thing" dated August
11,1998.
SECTION 3. OFFICE OF DEPUTY VILLAGE ATTORNEY
Article 9.1200 is hereby amended to read as follows:
Any attorney with the law firm of Bickerstaff Heath Smiley Pollan Kever
and McDaniel (except the Village Attorney) who performs legal services
on behalf of the Village of Bee Cave and including the prosecution of
cases in municipal court is hereby appointed deputy village attorney.
SECTION 4. Effective Date
This Ordinance shall take effect immediately from and after its passage and publication
as may be required by governing law.
SECTION 5. Proper Notice and Meeting
It is hereby officially found and determined that the meeting at which this Ordinance was
passed was open to the public as required and that public notice of the time, place and
purpose of said meeting was given as required by the Open Meetings Act, Chapter 551
of the Texas Government Code and as required by Chapter 52 of the Texas Local
Government Code.
SECTION S. Severability
It is hereby declared to be the intention of the Board that the phrases, clauses,
sentences, paragraphs and sections of this Ordinance be severable, and if any phrase,
clause, sentence, paragraph or section of this Ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs or sections of this Ordinance, and the remainder of this
Ordinance shall be enforced as written.
VILLAGE OF BEE CAVE PAGE 2 OF 21
ORDINANCE No.. _.
Section 7. Repealer
The provisions of this Ordinance shall be cumulative of all other ordinances or parts of
ordinances governing or regulating the same subject matter as that covered herein;
provided, however, that all prior ordinances or parts of ordinances inconsistent or in
conflict with any of the provisions of this Ordinance are hereby expressly repealed to the
extent that such inconsistency is apparent.
PASSED AND APPROVEP by the Board of Alderman of the Village of Bee
Cave, Texas this a day of 005.
(Ylro/h2 lyn Murphy, M or
CA —Village of Bee Cave, as
ATTEST:
-A
Sherry Masnpm, Village Secretary
Village of Bee Cave, Texas
[SEAL]
APPROVED AS TO FORM:
Patty L Akers, Village Attorney
Villag of Bee Cave, Texas
VILLAGE OF BEE CAVE PAGE 3 OF 24
ORDINANCE NO.
EXHIBIT "A"
ARTICLE 9.1100
CODE OF ETHICS
Section 9.1101. Definitions
The terms used in this Article shall have the following meanings:
Business Entity means a sole proprietorship, partnership, firm, corporation, holding
company, joint-stock company, receivership, trust, or any other entity recognized by
law_
Candidate. This term has the meaning assigned by section 251.001, Election Code.
City Official means the Mayor, every member of the Board of Alderman, the Village
Administrator, the Village Secretary, the Village Attorney, the Village Engineer and all
members of any commission, committee, or board appointed by the Board of Alderman
or the Mayor.
Confidential Information means any information that a City Official would be privy to
because of the official's position but otherwise is not available to the public under the
provisions of the Texas Public Information Act (Tex Gov't Code Ch. 552).
Conflict Disclosure Statement means the Texas Ethics Commission disclosure
statement form required by Chapter 176 of the Local Government Code.
Conflict of Interest Questionnaire means the Texas Ethics Commission conflicts of
interest form required by Chapter 176 of the Local Government Code.
Economic Benefit means any taxable income or any money, real or personal property,
contract rights, sale, lease, option, credit, loan, discount, service, or other tangible or
intangible thing of value, whether similar or dissimilar to those enumerated.
Economic Interest means a legal or equitable interest in real or personal property or a
fiduciary obligation to such property or contractual right in such property that is more
than Two Thousand Five Hundred Dollars ($2500.00). Service by a City Official as an
officer, director, advisor, or otherwise active participant in an educational, religious,
charitable, fraternal, or civic organization does not create an Economic Interest in the
property of that organization. Ownership of an interest in a mutual or common
investment fund that holds securities or other assets is not an Economic Interest in the
securities or other assets unless the City Official participates in the management of the
fund. A City Official does not have an Economic Interest in a matter if the economic
impact on the City Official is indistinguishable from the impact on the public or on the
particular group affected by the matter.
VILLAGE OF BEE CAVE PAGE 4 OF 21
ORDINANCE NO.
Family Member means the spouse, parent or child, and the parents of a spouse, City
Official, or appointee.
Gift means 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.
Income means economic benefit received.
Indirect Ownership means an equity interest in a business entity where the interest is
held through a series of business entities, some of which own interests in others.
Proa means real estate, personal items, equipment, goods, crops, livestock, or an
equitable right to income from real estate, personal items equipment, goods, crops, or
livestock.
Second Degree of Consanguinity or Afirnify is defined through a chart in Section
9.1104(c)4.
Source of Income means any business entity, employment, investment, or activity which
earned or produced income, including interest, dividends, royalties or rents, which has
been paid to or for the credit of a City Official, candidate, or family member or which
would be taxable to said City Official, candidate, or family member under the United
States Internal Revenue Code, as amended, even though not actually paid or credited.
Substantial Interest means the interest that a City Official and/or a family member has in
a business or business entity or in real property as described below.
(a) The City Official or family member owns ten percent or more of voting stock or
shares of the business entity;
(b) The City Official or family member owns ten percent or more or $15,000.00 or more
of the fair market value of the business entity; or
(c) The funds received by the City Official or family member from the business entity
exceed ten percent or more of the person's gross income for the previous year.
(d) The City Official has a Substantial Interest in real property if he, his parent, or child
or, if married, his spouse or his spouse's parent, controls or has an interest in the real
property and the interest has a market value of $2,500.00 or more.
Third Degree of Consanguinity is defined through a chart in Section 9.1102(c)(4).
VILLAGE OF BEE CAVE PAGE 5 OF 21
ORDINANCE No. _._.
Section 9.1102. Standards of Conduct
(a) General Provisions
(1) No City Official may disclose any Confidential Information gained through the
official's position concerning property, operations, policies, or affairs of the Village, for
gain or advantage in an Economic Interest of the City Official or the persons identified in
Section (c)(2)(13) of this Section.
(2) No City Official may use the official's position or Village -owned facilities,
equipment, supplies, or resources of the Village for gain in an Economic Interest of the
City Official, for a political campaign of the Official, or for any of the persons identified in
Section (c)(2)(B) of this Section. A discount or award given for travel, such as frequent
flyer miles, rental car or hotel discounts, or food coupons, are not things of value
belonging to the Village for purposes of this section due to the administrative difficulty
and cost involved in recapturing the discount or award for the Village.
(3) Except as specifically authorized by Village ordinance, no City Official may
appear before the body of which the official is a member to represent the City Official or
any person identified in Subsection (c)(2)(B) of this Section_ The City Official may
designate and be represented by a person of the official's choice in any such matter.
(4) No City Official may act as surety for any person or business entity that has a
contract with the Village, or as a surety on any bond required by the Village for a City
Official
(6) These General Provisions do not prohibit a City Official from representing the
City Official's interest in the City Official's owner -occupied homestead before any Village
body, except the body of which the official is a member.
(b) Gifts
No City Official may solicit or accept any contribution, gift, or economic benefit that is
offered or given with the intention of influencing the judgment or discretion of such
official; or given in consideration of the favorable exercise of the official's judgment or
discretion in the past.
(c) Conflict of Interest.
(1) Substantial Interest. No City Official may vote on or participate in any decision -
making process on a matter concerning property or a business entity if the official has a
Substantial Interest in the property or business entity.
VILLAGE OF BEE CAVE PAGE 6 OF 21
ORDINANCE NO.
(2) Economic Interest
(A) No City Official may vote on or participate in any decision -making process on a
matter requiring filing of a Conflicts Disclosure Statement if the official has an Economic
Interest in the outcome of the matter under consideration.
(B) To avoid the appearance and risk of impropriety, a City Official may not take any
official action that the official knows is likely to affect the Economic Interests of-
(i) The City Official's parent, child, step -child, spouse, or other family member
within the second degree of consanguinity or affinity or a client of the City Official;
(ii) An employer of the City Official, the official's parent, child, step -child, or
spouse;
(iii) A business entity for which the City Official serves as an officer or director
or serves in any policy -making position;
(iv) A person or business entity from whom, within the past twelve months, the
City Official or the official's spouse, directly or indirectly, received an Economic
Benefit;
(v) A person or business entity from whom, within the past twelve months, the
City Official or the official's spouse, directly or indirectly, engaged in negotiations
pertaining to business opportunities.
(3) Conflicts Disclosure Statement and Recu sal.
(A) A City Official shall file a sworn Conflicts Disclosure Statement with the Village
Secretary whenever a person or entity has contracted with the Village or is considering
doing business with the person or entity and the City Official has an employment
relationship or other business relationship with the person or entity or the City Official
has received or will receive an Economic Benefit in or with the person or entity, or if the
person or entity, has given to the City Official gifts that have a value in the aggregate of
more than $250.00 in the 12-month period preceding the date the City Official becomes
aware that the Village has a contract with such person or entity or that the Village is
considering doing business with such person or entity. The City Official shall file the
Conflicts Disclosure Statement with the Village Secretary no later than 5:00 p.m. on the
seventh business day after the date the City Official becomes aware of the facts that
require the filing of the Statement.
(B) A City Official commits an offense if the City Official knowingly fails to file the
Conflicts Disclosure Statement_ An offense under the above subsection 9.1102(c)(3)(A)
is a Class C misdemeanor.
VILLAGE OF BEE CAVE PAGE 7 OF 21
ORDINANCE No.
(C) The Village Secretary shall accept and file any and all City Official Conflict
Disclosure Statements and any Vendor Conflict of Interest Questionnaires.
(D) The Village Secretary shall maintain a list of City Officials and shall make that list
available to the public and any person who may be required to file a Conflicts of Interest
Questionnaire. The Village Secretary shall maintain copies of the Conflict Disclosure
Statements and Conflict Questionnaires on the Village's internet website.
(E) A City Official having a Substantial Interest in the outcome of a matter under
consideration shall disclose that the official has a Substantial Interest and recuse
himself/herself immediately from voting and from the discussion of the matter. The City
Official shall also promptly file an affidavit with the Village Secretary disclosing the
nature and extent of the conflict, and the affidavit shall be included in the official minutes
of the body.
(4) Consanguinity and Affinity
Affinity Kinship (Marriage) Relationships
1 Degree
2 nd Degree
Father -in -Law
Souse's
Grandfather
Mother -in -Law
Souse's
Grandmother
Son -in -Law
Souse's
Brother Brother -in -Law
Da u hter-in-Law
Souse's
Sister Sister -in -Law
Spouse
Souse's
Grandson
Spouse's
Granddaughter
Brother's Spouse Sister -in -Law
Sister's S ouse Brother -in -Law
Consanguinity (Blood) Relationships
15t Degree
2nd Degree
3rd Degree
Father
Grandfather
Great -Grandfather
Mother
Grandmother
Great -Grandmother
Son
Brother
Nephew
Daughter
Sister
Niece
Grandson
Great -Grandson
Granddaughter
Great -Granddaughter
Uncle
Aunt
(5) Budget Matters
The Board shall take a separate vote on any budget item specifically dedicated to a
contract with a business entity in which a member of the Board has a Substantial
VILLAGE OF BEE CAVE PAGE 8 OF 21
ORDINANCE No.
Interest The member of the Board that has the Substantial Interest may not participate
in the separate vote.
Section 9.1103. Interest in Property Acquired with Public Funds
(a) Disclosure of Interest in Property
A City Official who has a legal or equitable interest in real property that is to be acquired
with public funds shall file an affidavit within 10 days before the date on which the
property is to be acquired by purchase or condemnation.
(b) Affidavit
The affidavit must:
(1) state the name of the City Official;
(2) state the City Official's office, public title, or job designation;
(3) fully describe the property;
(4) fully describe the nature, type, and amount of interest in the property, including
the percentage of ownership interest;
(5) state the date when the person acquired an interest in the property;
(6) include a verification as follows: "I swear that the information in this affidavit is
personally known by me to be correct and contains the information required by Section
553.002, Government Code"; and
(7) contain an acknowledgement of the same type required for recording a deed in
the deed records of the county.
The affidavit must be filed with the county clerk of the county in which the City Official
resides and the county clerk of each county in which the property is located.
Section 9.1104. Nepotism
(a) Prohibition
(1) A City Official may not appoint, confirm the appointment of, or vote for the
appointment or confinnation of the appointment of an individual to a position that is to
be directly or indirectly compensated from Village funds or fees of office if:
(A) the individual is related to the City Official within the third degree by
consanguinity (blood or adoption) or the second degree by affinity (marriage); or
VRIAGE OF BEE CAVE PAGE 9 OF 21
ORDINANCE No.
(B) the City Official holds the appointment or confirmation authority as a member of
a state or local board, the legislature, or a court and the individual is related to another
member of that board, legislature, or court within the third degree by consanguinity
(blood or adoption) or the second degree by affinity (marriage)_
(2) A City Official may not appoint, confirm the appointment of, or vote for the
appointment or confirmation of the appointment of an individual to a position in which
the individual's services are under the public official's direction or control and that is to
be compensated directly or indirectly from Village funds or fees of office if:
(A) the individual is related to another public official within the third degree by
consanguinity (blood or adoption) or the second degree by affinity (marriage); and
(B) the appointment, confirmation of the appointment, or vote for appointment or
confirmation of the appointment would be carried out in whole or partial consideration
for the other public official appointing, confirming the appointment, or voting for the
appointment or confirmation of the appointment of an individual who is related to the
first public official within the third degree by consanguinity (blood or adoption) or the
second degree by affinity (marriage).
(b) Exceptions
(1) The prohibitions in section 9.1104(a) do not apply to:
(A) an appointment to the office of a notary public or to the confirmation of that
appointment;
(B) an appointment or employment of a personal attendant by an officer of the
Village for attendance on the officer who, because of physical infirmities, is required to
have a personal attendant; or
(C) any other appointment excepted under Chapter 573, Government Code.
(2) The prohibition in section 9.1104(a)(1) does not apply to an appointment,
confirmation of an appointment, or vote for an appointment or confirmation of an
appointment of an individual to a position if --
(A) the individual is employed in the position immediately before the election or
appointment of the City Official to whom the individual is related in a prohibited degree;
and
VILLAGE OF BEE CAVE PAGE 10 OF 21
ORDINANCE No.
(B) that prior employment of the individual has been continuous for at least 2 (two)
years.
(3) If, under Subsection (b)(2), an individual continues in a position, the City Official
to whom the individual is related in a prohibited degree may not participate in any
deliberation or vote on the appointment, reappointment, confirmation of the
appointment or reappointment, employment, reemployment, change in status,
compensation, or dismissal of the individual if that action applies only to the individual
and is not taken regarding a bona fide class or category of employees.
Section 9.1105 Honorariums
(a) Prohibition
A City Official is prohibited from soliciting, accepting, or agreeing to accept an
honorarium in consideration for services that the City Official would not have been
requested to provide but for the City Official's official position or duties.
(b) Exception
This section does not prohibit a City Official from accepting (1) transportation expenses,
(2) lodging expenses or (3) meals in connection with a conference or similar event in
which the City Official renders services, such as addressing an audience or engaging in
a seminar to the extent that those services are more than merely perfunctory.
Section 9.1106. Gifts
(a) Prohibition
(1) A Village Employee performing regulatory functions or conducting inspections or
investigations shall not solicit, accept, or agree to accept any benefit from a person the
Village Employee knows to be subject to regulation, inspection, or investigation by the
Village Employee or the Village.
(2) A Village Employee having custody of prisoners shall not solicit, accept, or agree
to accept any benefit from a person the Village Employee knows to be in his custody or
the custody of the Village.
(3) A Village Employee or a City Official who exercises discretion in connection with
contracts, purchases, payments, claims, or other pecuniary transactions of the Village
shall not solicit, accept, or agree to accept any benefit from a person the Village
Employee or City Official knows is interested in or likely to become interested in any
contract, purchase, payment, claim, or transaction involving the exercise of his
discretion.
VILLAGE OF BEE CAVE PAGE 11 OF 21
ORDINANCE NO. __
(4) A Village Employee or City Official who has judicial or administrative authority,
who is employed by or in a tribunal having judicial or administrative authority, or who
participates in the enforcement of the tribunal's decision shall not solicit, accept, or
agree to accept any benefit from a person the Village Employee or City Official knows
is interested in or likely to become interested in any matter before the Village Employee
or City Official or tribunal.
(b) Donation of Unsolicited Gift
A Village Employee or City Official who receives an unsolicited benefit that the Village
Employee or City Official is prohibited from accepting under this section may donate the
benefit to a governmental entity that has the authority to accept the gift or may donate
the benefit to a recognized tax-exempt charitable organization formed for educational,
religious, or scientific purposes.
(c) Exceptions
The prohibitions set out in this section do not apply to:
(1) a fee prescribed by law to be received by a Village Employee or City Official or
any other benefit to which the Village Employee or City Official is lawfully entitled or for
which he gives legitimate consideration in a capacity other than as a Village Employee
or City Official;
(2) a gift or other benefit conferred on account of kinship or a personal, professional,
or business relationship independent of the official status of the recipient; or
(3) a benefit to a Village Employee or City Official required to file a statement under
Chapter 572, Government Code, or a report under Title 15, Election Code, that is
derived from a function in honor or appreciation of the recipient if:
(A) the benefit and the source of any benefit in excess of $50 is reported in the
statement; and
(B) the benefit is used solely to defray the expenses that accrue in the performance
of duties or activities in connection with the office which are nonreimbursable by the
state or the Village;
(4) a political contribution as defined by Title 15, Election Code;
(5) an item with a value of less than $50, excluding cash or a negotiable instrument
as described by Section 3.104, Business & Commerce Code;
VILLAGE OF BEE CAVE PAGE 12 of 21
ORDINANCENo. ____.
(6) an item issued by a governmental entity that allows the use of property or
facilities owned, leased, or operated by the governmental entity;
(7) food, lodging, transportation, or entertainment accepted as a guest and, if the
donee is required by law to report those items, reported by the donee in accordance
with that law; or
(8) any gift or benefit otherwise excepted under section 36.10, Penal Code.
Section 9.1107_ Village Records
(a) Prohibition:
City Official or Village Employee shall not:
(1) knowingly make a false entry in, or false alteration of, a Village record;
(2) make, present, or use any record, document, or thing with knowledge of its
falsity and with intent that it be taken as a genuine Village record;
(3) intentionally destroy, conceal, remove, or otherwise impair the verity, legibility, or
availability of a Village record;
(4) possess, sell, or offer to sell a Village record or a blank Village record form with
intent that it be used unlawfully;
(6) make, present, or use a Village record with knowledge of its falsity; or
(6) possess, sell, or offer to sell a Village record or a blank Village record form with
knowledge that it was obtained unlawfully.
(b) Exception
It is an exception to the application of Subsection (a)(3) of this Section that the
governmental record is destroyed pursuant to legal authorization or transferred under
Section 441.204, Government Code. With regard to the destruction of a local
government record, legal authorization includes compliance with the provisions of
Subtitle C, Title 6, Local Government Code.
VILLAGE OF BEE CAVE PAGE 13 OF 21
ORmANCE No. _
Section 9A108. Misuse of Official Information
(a) Prohibition
(1) A Village Employee or City Official shall not misuse information to which he or
she has access by virtue of his or her office or employment and that has not been
made public, and shall not:
(A) acquire, attempt to acquire or aid another to acquire or attempt to acquire a
pecuniary interest in any property, transaction, or enterprise that may be affected by the
information;
(B) speculate or aid another to speculate on the basis of the information; or
(C) as a City Official or Village Employee coerce another into suppressing or failing
to report that information to a law enforcement agency.
(2) A Village Employee or City Official shall not with intent to obtain a benefit or with
intent to harm or defraud another, disclose or use information for a nongovernmental
purpose that:
(A) the City Official or Village Employee has access to by means of his office or
employment; and
(B) has not been made public.
In this section, "information that has not been made public" means any
information to which the public does not generally have access, and/or that is
prohibited from disclosure under Chapter 552, Government Code.
Section 9.1109. Ethics Review Commission
(a) The Ethics Review Commission ( the "Commission") has jurisdiction over ethics
complaints as described in this Article involving City Officials and Village Employees.
(b) The Commission is to be composed of five (5) members each serving a two year
term. The Board shall appoint each member to the Commission. If a vacancy occurs
on the Commission, the Board shall appoint a person to fill the unexpired term. Each
Commission member shall take an oath of office comparable to that taken by Board
members. Ethics Commissioners shall serve without compensation, but shall be eligible
to be reimbursed for actual expenses in accordance with the Village's policy.
VILLAGE OF BEE CAVE PAGE 14 OF 21
ORDINANCE No.
(1) Terms of Commissioners. At the Board meeting which creates the
Commission two Commissioners shall be selected to serve an initial 1 year term and
three Commissioners shall be selected to serve an initial two year term. Thereafter, all
members' terms shall be three (2) years. The Board may by majority vote remove a
Commissioner with or without cause. Any Commissioner who misses three (3)
consecutive meetings within a twelve (12) month time period or one-third (1/3) of all
regular meetings shall be deemed to have automatically vacated his/her position on the
Commission. This section shall not apply to a Commissioner who applied for and
received an excused absence from the Commission chairperson prior to the meeting(s)
at issue. Any commissioner who no longer resides within the corporate boundaries of
the Village is deemed to have automatically vacated his/her position on the
Commission.
(2) Commission Officers. From among its members the Commission shall elect its
officers, those being the Chairperson, Vice -Chairperson, and Secretary. Officers shall
be elected for terms of one (1) year. The Chairperson shall preside over all meetings
and may vote. If the Chairperson fails or refuses to act, the Vice -Chairperson shall
perform the duties of the Chairperson. If the Chairperson and Vice -Chairperson are
absent, any Commissioner may be appointed by the remaining members of the
Commission to preside over the meeting.
(3) Qualifications.
(A) Commission members must be registered voters who are residents of the Village
of Bee Cave.
(B) No member of the Ethics Commission may be:
(i) a City Official, Village Employee or spouse of a City Official or Village
Employee;
(ii) a candidate for elected public office;
(iii) anyone having an Economic Interest with any City Official or Village
Employee;
(iv) anyone who has been a paid campaign worker or political consultant for
any Board or mayoral candidate; or
(v) a convicted felon.
(C) The Ethics Review Commission shall have the authority to review and investigate
complaints filed in accordance with this Article and issue a written finding of the
Commission's determination when appropriate.
VILLAGE OF BEE CAVE PAGE 15 OF 21
ORDINANCE No.
(D) Service on the Ethics Review Commission does not preclude a member from
filing a complaint with the Commission. The Commission member filing the complaint
must recuse himself(herself from the Commission procedure.
(E) The Ethics Review Commission makes recommendations to the Board regarding
revisions and changes to this Ordinance.
(F) The Ethics Review Commission may seek any necessary assistance from the
Board and Village Manager regarding financial support needed to carry out the
Commission's duties.
(G) The Commission shall determine its rules and procedures which shall be
submitted in writing for approval of the Board. The Commission shall establish, amend
and rescind its procedures and maintain proper records of its proceedings and its
opinions. The Commission shall meet as often as necessary to fulfill its responsibilities
but must meet at least once a year to review this Code Ethics.
(H) The Commission shall have the power to investigate, request and gather
evidence necessary to determine if a violation has occurred. The Commission shall
have the power to enforce the provisions of this Ordinance, including recommending to
the Board the prosecution of alleged violators. Nothing in this Article shall be construed,
however, to prevent complainants, including the Village, from instituting direct legal
action on their own behalf through the appropriate judicial authority.
(1) The Commission shall receive from the Village such administrative support as
reasonably necessary to carry out the duties of the Commission and shall assist the
Commission with maintenance of its records in compliance with the Village's records
retention schedule.
Section 9.1110. Role of the Village Attorney
(a) The Village Attorney serves as legal counsel to the Ethics Review Commission.
When complaints are filed relating to the Mayor, Board members, Village Manager, or
Village Attorney, independent legal counsel may be utilized to advise the Commission
and take part in its proceedings.
(b) The Village Attorney serves as Ethics Advisor to City Officials and Village
Employees. As Ethics Advisor, the Village Attorney is available to respond
confidentially to inquiries relating to the Ethics Ordinance (this Article) and may render
advisory opinions on potential conflicts of interest or violation of this section at the
request of a City Official or Village Employee. The advisory opinion in any subsequent
charges concerning the matter may be used as a defense to an alleged violation of this
section unless material facts were omitted or misstated by the person requesting the
opinion.
VILLAGE OF BEE CAVE PAGE 16 OF 21
ORDINANCE No.
(c) The Village Attorney shall receive all sworn complaints and provide a copy and a
preliminary review of the complaint to the Commission for action. The preliminary review
does not advise on the merits of a complaint.
(d) If a complainant alleges a violation by the Village Attorney, the complaint must be
filed with the Chairperson of the Ethics Commission, with a copy to the Mayor and the
Village Manager.
Section 9.1111. Complaint Process
(a) Filing
(1) Any City Official, Village Employee, or eligible voter of the Village who believes
that there has been a violation of this Ordinance may file a sworn complaint. A
complaint alleging a violation of this Ordinance must meet the requirements herein and
must be filed with the Village Secretary. A complaint alleging a violation of this Article by
the Village Attorney must also be filed with the persons named in Section 9.1109. A
complaint must be filed within 1 year from the date of the alleged violation.
(2) Required Contents of a Complaint. An ethics complaint must be in writing and
under oath and must set forth in simple, concise, and direct statements the following:
(A) The name of the complainant;
(B) The street or mailing address and the telephone number of the complainant;
(C) The name of the person who allegedly committed the violation;
(D) The position or title of the person who allegedly committed the violation;
(E) The nature of the alleged violation, including, if possible, the specific rule or
provision of this Article alleged to have been violated;
(F) A statement of the facts constituting the alleged violation and the dates on which
or period of time in which the alleged violation occurred; and must contain the following:
(i) Documents or other material available to the complainant relevant to the
allegation;
(ii) A list of all documents or other material relevant to the allegation and
available to the complainant, but that are not in the possession of the
complainant, including the location of the documents; if known; and
(iii) A list of all documents or other material relevant to the allegation, but
unavailable to the complainant, including the location of the documents, if known.
VILLAGE OF BEE CAVE PAGE 17 OF 21
ORDINANCE No. _._.
(G) If the complaint is based on information and belief, the complaint shall state the
source and basis of the information and belief_
(3) The complaint must be accompanied by an affidavit stating that the information
contained. in the complaint is either true and correct or that the complainant has good
reason to believe and does believe that the facts alleged constitute a violation of this
Ordinance.
(4) Upon request, the Village Secretary shall provide information to persons about
the requirements of a complaint and the process for filing a complaint.
(b) Confidentiality and Ex Parte Communications
(1) No City Official or Village Employee may reveal information relating to the filing
or processing of a complaint except as required for the performance of official duties.
(2) All documents relating to a pending complaint are confidential, unless they are
required to be disclosed under the Texas Public Information Act (Tex. Gov. Code Ch.
552).
(3) After a complaint has been filed, and during the consideration of a complaint by
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. This provision does not prevent a
member of the Commission from consulting with the Village Attorney regarding
procedural and legal issues.
(c) Notification
(1) A copy of a complaint which meets the requirements of this section shall be
promptly forwarded by the Village Secretary to the Village Attorney and to the person
charged in the complaint.
(2) The person alleged in the complaint to have violated this Article shall be provided
with a copy of the Ethics Ordinance (this Article) and informed that:
(A) Within 14 days of receipt of the complaint, a swom response must be filed with
the Village Secretary;
(B) Failure to file a response does not preclude the Village Attorney from processing
the complaint.
(3) City Officials and Village Employees have a duty to cooperate with the Village
Attorney, pursuant to this Section.
VILLAGE OF BEE CAVE PAGE 1 B OF 21
ORDINANCE No.
(4) All members of the Commission shall receive copies of the complaint, any
background documentation, and any responses at least seven days before a hearing on
the matter.
Section 9.1112. Hearing Process
(a) Preliminary Hearing
(1) As soon as reasonably possible, but in no event later than 60 days after receiving
a complaint, the Commission shall conduct a Preliminary Hearing. The purpose of the
Preliminary Hearing is to determine whether there are reasonable grounds to believe
that a violation of this Ordinance has occurred.
(2) The complainant and the City Official or Village Employee named in the
complaint have the right of representation by counsel.
(3) 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.
(4) The person filing a complaint shall state the alleged violation and describe in
narrative form the testimony and other evidence which are presented to prove the
alleged violation as stated in the written complaint.
(5) The City Official or Village Employee named in the complaint shall have the
opportunity to respond but is not required to attend or make any statement. The official
may describe in narrative form the testimony and other evidence presented to disprove
the alleged violation. If the official agrees that a violation has occurred, the Commission
may consider the appropriate sanction.
(6) Only members of the Commission may question the complainant, the
independent counsel for the Commission, or the City Official or Village Employee
named in the complaint.
(7) At the conclusion of the Preliminary Hearing one of the following actions shall be
taken:
(A) 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 dismissed.
(B) 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.
(C) If the City Official or Village Employee has agreed that a violation has occurred,
the Commission may proceed with the Preliminary Hearing to determine the appropriate
sanction.
VILLAGE OF BEE CAVE PAGE 19 OF 21
ORDINANCE No.
(b) Final Nearing
(1) A final hearing shall be held as expeditiously as possible following the
determination by the Commission that there are reasonable grounds to believe that a
violation of this Article has occurred, but in no event shall it be held more than 30 days
after said determination. The Commission may grant two postponements, not to exceed
15 days each, upon the request of the City Official or Village Employee named in the
complaint.
(2) If a complaint proceeds to a final hearing, the Commission may request
witnesses to attend and testify, administer oaths and affirmations, take evidence and
request the production of books, papers, records, or other evidence needed for the
performance of the Commission's duties or exercise of its powers, including its powers
of investigation.
(3) The issue at a final hearing is whether a violation of this Article has occurred. The
Commission shall make its determination based on the evidence in the record. All
witnesses shall make their statements under oath_ If the Commission determines that a
violation has occurred, it shall state its findings in writing, identify the particular
provision(s) of this Article which have been violated, and within five working days deliver
a copy of the findings to the complainant, the person named in the complaint, and the
Village Secretary. The Village Secretary shall deliver a copy of the findings to the Board,
the Village Manager and the Village Attorney.
Section 9.1113. Sanctions and Violations
(a) If the Commission determines that a violation of this Article has occurred, it shall
consider appropriate sanctions. The Commission may receive additional testimony or
statements before considering sanctions, but is not required to do so.
(b) If the Commission determines that a violation has occurred, it may impose the
following sanctions.
(1) A letter of notification is an appropriate sanction when the violation is clearly
unintentional. The letter of notification shall advise the City Official or Village Employee
of any steps to be taken to avoid future violations.
(2) A letter of admonition is the appropriate sanction when the Commission finds the
violation is minor.
(3) A letter of reprimand is the appropriate sanction when the Commission finds a
serious violation has been committed.
(4) A letter of censure is the appropriate sanction when the Commission finds that a
serious violation has occurred or more than one serious violation or repeated serious
violations of this Article have been committed.
VILLAGE OF BEE CAVE PAGE 20 OF 21
ORDINANCE ND.
(c) Copies of all sanction letters issued by the Commission under this section shall
be sent to the Board.
(d) In addition, when the seriousness of the violation warrants, the Commission may
recommend to the Board the suspension or removal from office of any official serving in
a Village -appointed position.
(e) Except with regard to violations of Chapters 171 and 176 of the Texas Local
Government Code, violations of the Penal Code, or violations of the Government Code,
a violation by any City Official or Village Employee as designated herein of one or more
of the provisions of this Article shall not be deemed to be a Class C misdemeanor under
the laws of the State of Texas.
Section 9.1114. Distribution and Proof of Compliance
The Village Secretary shall make available to each new City Official designated in this
Article, a copy of the text of this Ordinance; Chapter 171 and Chapter 176 of the Texas
Local Government Code pertaining to conflicts of interest; the Texas Open Meetings Act
(Tex. Gov. Code ch. 551); and the Texas Public Information Act (Tex. Gov. Code ch.
552) (collectively referred to in this section as the "Ethics Statutes").
VILLAGE OF BEE CAVE PAGE 21 OF 21
ORDINANCE No.
ORDINANCE NO. 635
CODE OF ETHICS AND CONDUCT
AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS ADOPTING
A CODE OF ETHICS AND CONDUCT APPLICABLE TO OFFICERS,
EMPLOYEES AND BOARD MEMBERS WITHIN THE CITY; PROVIDING
STANDARDS OF CONDUCT FOR SUCH OFFICERS, EMPLOYEES AND
BOARD MEMBERS; REQUIRING THE DISCLOSURE OF CONFLICTS
OF INTERESTS; PROVIDING FOR THE RENDERING OF ADVISORY
OPINIONS BY THE CITY ATTORNEY; PROVIDING FOR
ENFORCEMENT AND PENALTIES FOR VIOLATIONS HEREOF;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR PUBLICATION IN PAMPHLET FORM; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter
9 of the Local Government Code; and
WIiEREAS, the City Council of the City of Southlake deems it necessary and advisable
to adopt a Code of Ethics and Conduct applicable to the conduct of officers, employees and
board members while acting in their official capacities in representing the City of Southlake.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS:
SECTION 1.
DECLARATION OF POLICY
It is hereby declared to be the policy of the City of Southlake that the proper operation
of democratic government requires that public officials and employees be independent, impartial
and responsible only to the people of the city; that governmental decisions and policy should be
made in the proper channels of the governmental structure; that no officer, employee or member
of any board, commission or committee should 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 or her 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. To
implement such a policy, the City Council deems it advisable to enact this code of ethics and
conduct for all officers, employees and advisory board members, whether elected or appointed,
paid or unpaid, to serve not only as a guide for official conduct of the city's public servants, but
also as a basis for discipline for those who refuse to abide by its terms. This code of ethics and
conduct is cumulative of other ordinances, city charter provisions and state statutes defining and
prohibiting conflict of interest.
SECTION 2.
DEFINITIONS
For the purposes of the this code of ethics and conduct the following words and phrases
shall have the meanings ascribed to them by this section.
Advisory board shall mean a board, commission or committee of the city that functions
only in an advisory or study capacity.
Business entity shall mean a sole proprietorship, partnership, firm, corporation,
association, holding company, jointstock company, receivership, trust, or any other entity
recognized by law.
0: p51 lmd&rmv c ..675/tb 2
Employee shall mean any person employed by the city, including those individuals on a
part-time basis, but such term shall not be extended to apply to any independent contractor.
Knowingly. A person acts knowingly, or with knowledge, with respect to the nature of
his or her conduct or to circumstances surrounding his or her conduct when he is aware of the
nature of his or her conduct or that the circumstances exist. A person acts knowing, or with
knowledge, with respect to a result of his or her conduct when he is aware that his or her
conduct is reasonably certain to cause the result.
Officer shall mean any member of the City Council, the Planning and Zoning
Commission, the Board of Adjustment, the Building Board of Appeals and any member of a
board, commission or committee established by ordinance, charter or state law that has final
approval authority over any application, permit, license or other City approvals; provided, no
member of an advisory board shall be deemed an officer of the city.
Substantial interest.
A. A person has a substantial interest in a business entity if:
(1) The interest is ownership of ten (10) percent or more of the voting stock
or shares of the business entity or ownership of either ten (10) percent or
more or five thousand dollars ($5,000.00) or more of the fair market
value of the business entity (see Section 171.002, Texas Local
Government Code); or
(2) Funds received by the person from the business entity exceed ten (10)
percent of the person's gross income for the previous year (see Section
171.002, Texas Local Government Code); or
(3) The person holds a position of member of the board of directors or other
c .p5lla«&=k O,i .635ft 3
governing board of the business entity; or
(4) The person serves as an elected officer of the business entity; or
(5) The person is an employee of the business entity; or
(6) The person is a creditor, debtor or guarantor of the business entity in the
amount of five thousand dollars ($5,000.00) or more; or
(7) 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 five thousand dollars
($5,000.00) or more.
B. A person does not have a substantial interest in a business entity if:
(1) The person holds a position as a member of the board of directors or other
governing board of a business entity; and
(2) The person has been designated by the City Council to serve on such
board; and
(3) The person receives no remuneration, either directly or indirectly, for his
or her service on such board; and
(4) The primary nature of the business entity is either charitable, nonprofit or
governmental.
C. 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 two thousand five hundred
dollars ($2,500.00) or more (see Section 171.002, Texas Local Government
Code).
D. A person has a substantial interest under this ordinance if the person's spouse or
a person related to the person in the first degree by consanguinity or affinity has
O0 p5I1o,d&,.\ahia.635/kb 4
a substantial interest under this ordinance (see Section 171.002, Texas Local
Government Code). A person is related in the first degree by consanguinity to
his or her father, mother, brother, sister, son or daughter. A person is related
in the first degree by affinity to his or her father-in-law, mother-in-law, brother's
spouse, sister's spouse, son-in-law or daughter-in-law.
SECTION 3.
STANDARDS OF CONDUCT
A. No city officer, employee or advisory board member, or their spouses, shall
knowingly:
(1) Accept or solicit anv uift, favor, service or thing of value from any
person, group or business entity that might reasonably tend to influence
him in the discharge of his or her official duties. This prohibition shall
not apply to:
(a) An occasional non -pecuniary gift, insignificant in value; or
(b) An award publicly presented in recognition of public service; or
(c) Any gift which would have been offered or given to him if he
were not a city officer, employee or advisory board member, or
their spouses.
(2) Grant in the discharge of his or her official duties any improper favor,
service or thing of value to any person, group or business entity;
(3) Accept or solicit any gift, favor, service or thing of value, including a
promise of future employment, of sufficient economic value that it might
c!kap5lbrd&resltthics. 6751kh 5
reasonably tend to influence him, in the discharge of his or her official
duties, from any person, group or business entity
(a) Who is licensed or has a substantial interest in any business entity
that is licensed by any city department, agency, commission or
board on which the city officer, employee or advisory board
member serves; or
(b) Who has a financial interest in any proposed ordinance or decision
upon which the city officer, employee or advisory board member
may or must act or make a recommendation; provided, however,
that any city officer, employee or advisory board member and
their spouses, may accept travel and related expenses to attend
ceremonial functions, provided that such acceptance and attendance
have been approved by the City Council prior to the occurrence of
the ceremonial function.
(4) Knowingly disclose any confidential information gained by reason of the
position of the officer, employee or advisory board member concerning
the property, operations, policies or affairs of the city, or use such
confidential information to advance any personal interest, financial or
otherwise, of such officer, employee or advisory board member, or
others. This subparagraph 4 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 code.
c:� p5I1.,d&,.\ ia.b35/kb 6
(5) Use one's position or office of employment or city facilities, personnel,
equipment or supplies to secure special privileges or exemptions for
himself or others or for the private gain of the city officer, employee,
advisory board member or his or her spouse.
(6) Engage in any exchange, purchase or sale of property, goods or services
with the city, except
(a) Rendering services to the city as an officer, employee or advisory
board member;
(b) Paying taxes, fines, 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 city ordinance, rule or regulation
allows any discretion by the appropriate officers or employees of
the city in the interpretation or enforcement of such ordinance,
rule or regulation, any such discretion shall be exercised in favor
of the city in connection with any such developer's agreement or
plat;
(d) Advisory board members who are not otherwise officers or
employees of the city, may engage in any exchange, purchase or
sale of property, goods or services with the city, or enter into a
contract with the city, provided that the board on which they are
a member has no advisory function or cognizance, direct or
indirect, present or prospective, with respect to the transaction in
cd.,5 t\.,d&,aka im635/kb 7
which such advisory board member engages or proposes to
en,a Ee.
(7) Hold himself out as representing the city in any capacity other than that
for which he was appointed, elected or hired-
(8) Engage in or accept private employment or render a service when such
employment or service is incompatible with the proper discharge of his or
her official duties or would tend to impair his or her independent
judgment in the performance of his or her official duties.
(9) Make or permit the unauthorized use of city owned vehicles, equipment,
materials or property.
(10) Grant any special consideration, treatment or advantage to any citizen
beyond that which is available to every other citizen.
01) After termination of service or employment with the city, appear before
any board or commission of the city in relation to any case, proceeding
or application in which he or she personally participated or which was
under his or her active consideration, during the period of his or her
service or employment.
(12) Transact any business in his or her official capacity with the city with a
business entity in which he has a substantial interest.
(13) Engage in any dishonest or criminal act or any other conduct prejudicial
to the government of the city or that reflects discredit upon the
government of the city.
akwP5I\ord&raleNia.6351kb 8
(14) Knowingly perform or refuse to perform any actin order to deliberately
thwart the execution of city ordinances, rules or regulations or the
achievement of official city programs.
B. No member of the City Council, salaried city officer or city employee shall
knowingly represent, directly or indirectly, any person, group or business entity:
(1) Before the City Council or any department, agency, board or commission
of the city;
(2) In any action or proceeding against the interests of the city or in any
litigation in which the city or any department, agency, board or
commission thereof is a party; or
Q) In any action or proceeding in the municipal courts of the city which was
instituted by a city officer or employee in the course of his or her official
duties, or a criminal proceeding in which any city officer or employee is
a material witness for the prosecution.
C. No member of a city board or commission shall knowingly represent, directly or
indirectly, any person, group or business entity:
(I) Before the City Council or the board or commission of which he or she
is a member;
(2) Before a board or commission which has appellate jurisdiction over the
board or commission of which he or she is a member;
(3) In any action or proceeding against the interests of the city or in any
litigation in which the city or any department, agency, board or
commission thereof is a party; or
(4) In any action or proceeding in the municipal courts of the city which was
c lwp51\aN&,a1.1 i .635hb 9
instituted by a city officer or employee in the course of his or her official
duties, or a criminal proceeding in which any city officer or employee is
a material witness for the prosecution.
D. The restrictions in this section do not prohibit the following-
(1) A city employee or member of a city board or commission (other than
City Council), or his or her spouse, appearing before the City Council or
a city department, agency, board or commission to represent himself or
herself in a matter affecting his or her property; provided, however, that
no such person, or his or her spouse, shall appear before the board or
commission of which he or she is a member; or
(2) A city employee or officer of an employee organization appearing before
the City Council or a city department, agency, board or commission to
address employment matters.
E. The restrictions in this section do not apply to business associates of officers,
employees or advisory board members, but only personally to the officers,
employees and advisory board members themselves.
SECTION 4.
DISCLOSURE OF INTEREST
A_ If any city officer, employee or advisory board member has a substantial interest
in a business entity or real property involved in any decision pending before such
officer, employee, or advisory board member, or the body of which he or she is
a member, such officer, employee, or advisory board member shall disclose such
0.p5I%.,d&,r ken i".6351kb 10
interest as provided in paragraph C below and shall not, except as provided in
paragraph B below, 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. If any of the following interests are involved in any decision pending before any
city officer, employee, or advisory board member, or the body of which he is a
member, such officer, employee, or advisory board member must disclose such
interest as provided in paragraph C below, but he shall be permitted to vote on
and participate in the consideration of such matter:
(1) A decision concerning a bank or other financial institution from which the
officer, employee, or advisory board member 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 2 years and cannot be
accelerated except for failure to make payments according to the terms
thereof;
(2) A decision concerning a bank or other financial institution in which the
officer, employee, or advisory board member 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 decision concerning a business entity with which the officer, employee,
or advisory board member has a retail or credit card account;
(4) A decision concerning the approval of substitution of collateral by a city
depository bank;
c\wp51bN&ra\nhia. 6351kb I I
(5) A decision concerning real property in which the officer, employee or
advisory board member has a substantial interest if it is not reasonably
foreseeable that such decision would have a special economic effect on the
value of the property, distinguishable from the effect on the public (see
Section 171.004, Texas Local Government Code).
C. A city officer, employee or advisory board member shall disclose the existence
of any substantial interest in a business entity or real property involved in any
decision pending before such officer, employee or advisory board member, or the
body of which he is a member. To comply with this paragraph, a city officer or
advisory board member shall, prior to any discussion or determination of the
matter, either file and affidavit of disclosure as required by Section 171.004 of
the Texas Local Government Code or, if not so required, shall publicly disclose
in the official records of the body or of the city secretary the nature of the
interest. To comply with this paragraph, a city employee shall notify his or her
superior in writing of the nature of any substantial interest he may have in a
business entity or real property which would be affected by an exercise of
discretionary authority by the city employee and such superior shall assign the
matter to another employee.
SECTION 5.
ENFORCEMENT
A. The City Council shall have the primary responsibility for the enforcement of this
code. The City Council may direct the city attorney to investigate or prosecute
any apparent violation of the code or it may employ or appoint any qualified
c.\wp5I Wrd&m\c0iu.635/kb 12
attorney to investigate or prosecute any violation or series of violations of this
code by one or more persons. At the direction of the City Council, the city
attorney shall have the power to investigate any complaint, to initiate any suit,
and to prosecute any action on behalf of the city where such action is appropriate.
B. Any person who believes that a violation of any portion of the code has occurred
may file a complaint with the City Council who may then proceed as provided in
paragraph A above. However, nothing in this code shall be construed to prevent
complainants from instituting direct legal action through the appropriate judicial
authority.
SECTION 6.
ADVISORY OPINIONS
A. Where any officer, employee or advisory board member has a doubt as to the
applicability of any provision of this code to a particular situation, or as to the
definition of terms used herein, he may apply to the city attorney for an advisory
opinion. The officer, employee or advisory board member shall have the
opportunity to present his or her interpretation of the facts at issue and of the
applicability of provisions of the code before such advisory opinion is made.
B. Until amended or revoked, any advisory opinion shall be binding on the city, the
City Council, and the city attorney in any subsequent actions concerning the
public officer, employee or advisory board member who sought the opinion and
acted on it in good faith, unless material facts were omitted or misstated in the
request for the advisory opinion. Such opinion shall not be binding in any action
initiated by any private citizen.
CA-pSnord&,.lNi 635/kb 13
SECTION 7.
PENALTIES; FORFEITED POSITION; EXEMPTIONS; INJUNCTIONS
A. Except where otherwise provided by state law, it is not the intent of this code that
violations thereof be subject to criminal penalties.
B- Whenever the City Council has determined that any officer, employee or advisory
board member has violated any provision of this code, such officer, employee or
advisory board member shall be subject to discipline, including forfeiture of his
or her office or position. Nothing in this ordinance shall be construed to prohibit
such officer, employee or advisory board member from being re-elected,
reappointed or otherwise rehired to any position forfeited under the provisions of
this code.
C. The City Council may exempt from the provisions of this code any conduct found
to constitute a violation by an officer, employee or advisory board member if it
finds that the enforcement of this code with respect to such conduct is not in the
public interest.
D. Any contract or transaction which was the subject of an official act or action of
the city in which there is an interest prohibited by this code, or which involved
the violation of a provision of this code, shall be voidable at the option of the
City Council,
E. At the discretion of the City Council, the city attorney shall have the power,
where a violation of the provisions of this code is threatened or has occurred, to
bring a civil action or proceeding, at law or in equity, for a judgment enjoining
any violation of the provisions of this code or requiring the relinquishment of any
prohibited interest or the voiding of any such contract or transaction, taking into
c:lwps IWrdhr=\chin.635ltb 14
account the interests of the city and any third persons who may be injured
thereby. Where the City Council determines that the public interest may best be
served by not voiding a contract or transaction entered into in violation of this
code, such contract or transaction may be enforced and an action or proceeding
may be brought against any officer, employee or advisory board member found
in violation of provisions of this code for damages, not to exceed twice the
damages suffered by the city or twice the profit or gain realized by the officer,
employee or advisory board member, whichever is greater.
SECTION 8.
DISTRIBUTION OF CODE OF ETHICS AND CONDUCT
The city secretary shall cause a copy of this code of ethics and conduct to be distributed
to every officer, employee and advisory board member of the city within thirty (30) days after
enactment of this code. Each officer, employee and advisory board member thereafter elected,
hired or appointed shall be furnished a copy before entering upon the duties of his or her office
or employment and shall sign a written statement acknowledging receipt of the copy. A copy
of the ordinance shall be furnished to each officer, employee and advisory board member each
year.
SECTION 9.
This ordinance shall be cumulative of all provisions of ordinances of the City of
Southlake, "Texas, except where the provisions of this ordinance are in direct conflict with the
provisions of such ordinances, in which event die conflicting provisions of such ordinances are
hereby repealed.
c:\mp511ora&rct\Mirs.635/kb 15
SECTION 10.
!t is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause,
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this
ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph
or section.
SECTION 11.
The City Secretary of the City of Southlake is hereby authorized to publish this ordinance
in book or pamphlet form for general distribution among the public, and the operative provisions
of this ordinance as so published shall be admissible in evidence in all courts without further
proof than the production thereof.
SECTION 12.
This ordinance shall be in full force and effect from and after its passage and publication
as required by law, and it is so ordained.
cawp5I%-Id&m\n ic,615/kb 16
PASSED AND APPROVED ON FIRST READING ON THIS DAY OF
4 1995
pW4
JZNLAKF T"
AYOR
`i,
C
ATT T:
it
ITY SECRETARY
ED AND APPROVED ON SECOND READING ON THIS —tL DAY OF
, 1995.
AYOR --
Foti �t
> 9 ATTE T: /
I SECRETARY
APPROVED AS TO FORM AND LEGALITY:
W ��
City Attorney
Date: G}- q— 9S
ADOPTED:
EFFECTIVE: _ � a o J J
cJ wp5I 1prd&ra\Mics. 675/kh 17
I � �11111
ORDINANCE NO. 635-A
AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS AMENDING
CHAPTER 2, ARTICLE VI, CODE OF ETHICS AND CONDUCT OF THE
SOUTHLAKE CITY CODE TO AMEND SECTION 2-261, DEFINITIONS;
SECTION 2-264 STANDARDS OF CONDUCT; 2-265 DISCLOSURE OF
INTEREST AND 2-266 ENFORCEMENT TO COMPLY WITH CHAPTERS 171
AND 176 OF THE TEXAS LOCAL GOVERNMENT CODE; ADDING SECTION
2-268 TO REQUIRE THE ADOPTION OF AN EMPLOYEE BUSINESS CODE
OF CONDUCT; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDIANCES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by
the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local
Government Code; and
WHEREAS, the City Council of the City of Southlake adopted a Code of Ethics and Conduct
applicable to the conduct of officers, employees and board members while acting in their official
capacities in representing the City of Southlake which is codified as Chapter 2, Article VI of the
Southlake City Code; and
WHEREAS, the City Council of the City of Southlake desires to amend Chapter 2, Article VI of
the Southlake City Code to reflect changes in Chapter 171 of the Local Government Code and to
incorporate the provisions of Chapter 176 of the Local Government Code, requiring disclosure of certain
relationships with local government officers, and to require the adoption of an Employee Business Code
of Conduct.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1.
That Chapter 2, Article VI, Section 2-261 of the Southlake City Code is hereby amended as
follows:
Sec.2-261 DEFINITIONS
For the purposes of this code of ethics and conduct the following words and phrases shall have the
meanings ascribed to them by this section.
Advisory board shall mean a board, commission or committee of the city that functions only in an
advisory or study capacity.
Business entity shall mean a sole proprietorship, partnership, firm, corporation, association,
holding company, joint stock company, receivership, trust, or any other entity recognized by law.
Employee shall mean any person employed by the city, including those individuals on a part-time
basis, but such term shall not be extended to apply to any independent contractor.
Family member shall mean a person related to another person within the first degree by
consanguinity or affinity, as described by Subchapter B, Chapter 573, Government Code.
Knowingly. A person acts knowingly, or with knowledge, with respect to the nature of his or her
conduct or to circumstances surrounding his or her conduct when he is aware of the nature of his or her
conduct or that the circa nstances exist. A person acts knowing, or with knowledge, with respect to a
result of his or her conduct when he is aware that his or her conduct is reasonably certain to cause the
result.
Officer shall mean any member of the City Council, the Planning and Zoning Commission, the
Board of Adjustment, the Building Board of Appeals and any member of a board, commission or
committee established by ordinance, charter or state law that has final approval authority over any
V
application, permit, license or other City approvals; provided, no member of an advisory board shall be
deemed an officer of the city.
Substantial interest.
A. A person has a substantial interest in a business entity if:
(1) The interest is ownership of ten (10) percent or more of the voting stock or shares
of the business entity or ownership of either ten (10) percent or more or five
thousand dollars ($5,000.00) or more of the fair market value of the business entity
(see Section 171.002, Texas Local Government Code); or
(2) Funds received by the person from the business entity exceed ten (10) percent of
the person's gross income for the previous year (see Section 171.002, Texas Local
Government Code); or
(3) The person holds a position of member of the board of directors or other governing
board of the business entity; or
(4) The person serves as an elected officer of the business entity; or
(5) The person is an employee of the business entity; or
(6) The person is a creditor, debtor or guarantor of the business entity in the amount of
five thousand dollars ($5,000.00) or more; or
(7) 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 five thousand dollars ($5,000.00) or
more.
B. A person does not have a substantial interest in a business entity if:
(1) The person holds a position as a member of the board of directors or other
governing board of a business entity; and
3
(2) The person has been designated by the City Council to serve on such board; and
(3) The person receives no remuneration, either directly or indirectly, for his or her
service on such board; and
(4) The primary nature of the business entity is either charitable, nonprofit or
governmental.
C. 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 two thousand five hundred dollars
($2,500.00) or more (see Section 171.002, Texas Local Government Code).
D. A person has a substantial interest under this ordinance if the person's Family Member has
a substantial interest under this ordinance (see Section 171.002. Texas Local Government
Code).
SECTION 2.
That Chapter 2, Article VL Section 2-264 of the Southlake City Code is hereby amended as
follows:
Sec. 2-264 STANDARDS OF CONDUCT
A. No city officer, employee or advisory board member, or their spouses, shall knowingly:
(1) Accept or solicit any gift, favor, service or hung 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 or her official duties or
that the officer, employee or advisory board member knows or should know is
being offered with the intent to influence the officer's or employee's official
conduct. This prohibition shall not apply to:
(a) An occasional non -pecuniary gift, insignificant in value; or
n
(b) An award publicly presented in recognition of public service; or
(c) Any gift which would have been offered or given to the officer employee
or advisory board member or his or her spouse if he/she were not a city
officer, employee or advisory board member; or.
(d) Any travel and related expenses to attend ceremonial functions, provided
that such acceptance and attendance have been approved by the City
Council prior to the occurrence of the ceremonial function.
(2) Grant in the discharge of his or her official duties any improper favor, service or
thing of value to any person, group or business entity;
(3) Knowingly disclose any confidential information gained by reason of the position
of the officer, employee or advisory board member concerning property,
operations, policies or affairs of the city, or use such confidential information to
advance any personal interest, financial or otherwise, of such officer, employee or
advisory board member, or others. This subparagraph 4 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 code.
(4) Use one's position or office of employment or city facilities, personnel, equipment
or supplies to secure special privileges or exemptions for himself or others or for
the private gain of the city officer, employee, advisory board member or his or her
spouse.
(5) Engage in any exchange, purchase or sale of property, goods or services with the
city, except:
5
(a) Rendering services to the city as an officer, employee or advisory board
member;
(b) Paying taxes, fines, 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 city ordinance, rule or regulation allows any discretion by the
appropriate officers or employees of the city in the interpretation or
enforcement of such ordinance, rule or regulation, any such discretion shall
be exercised in favor of the city in connection with any such developer's
agreement or plat;
(d) Advisory board members who are not otherwise officers or employees of
the city, may engage in any exchange, purchase or sale of property, goods
or services with the city, or enter into a contract with the city, provided that
the board on which they are a member has no advisory function or
cognizance, direct or indirect, present or prospective, with respect to the
transaction in which such advisory board member engages or proposes to
engage.
(6) Hold lmimself/herself out as representing the city 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 or her
official duties or would tend to impair his or her independent judgment in the
performance of his or her official duties.
6
(8) Make or permit the unauthorized use of city 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 city, appear before any board
or commission of the city in relation to any case, proceeding or application in
wl»ch he or she personally participated or which was tinder his or her active
consideration, during the period of his or her service or employment.
(11) Transact any business in his or her official capacity with the city with a business
entity in which he/she has a substantial interest.
(12) Engage in any dishonest or criminal act or any other conduct prejudicial to the
government of the city or that reflects discredit upon the government of the city.
(13) Knowingly perform or refuse to perform any act in order to deliberately thwart the
execution of city ordinances, rules or regulations or the achievement of official city
programs.
B. No officer, advisory board member or city employee shall knowingly represent, directly or
indirectly, any person, group or business entity:
(1) Before the City Council or any department, agency, board or commission of die
city;
(2) In any action or proceeding against the interests of the city or in any litigation in
which the city or any department, agency, board or commission thereof is a party;
or
7
(3) In any action or proceeding in the municipal courts of the city which was instituted
by a city officer or employee in the course of his or her official duties, or a criminal
proceeding in which any city officer or employee is a material witness for the
prosecution.
C. The restrictions in this section do not prohibit the following:
(1) A city employee, officer or advisory board member (other than City Council), or
his or her spouse, appearing before the City Council or a city department, agency,
board or commission to represent himself or herself in a matter affecting his or her
property; provided, however, that no such person, or his or her spouse, shall appear
before the board or commission of which he or she is a member; or
(2) A city employee or officer of an employee organization appearing before the City
Council or a city department, agency, board or commission to address employment
matters.
D. The restrictions in this section do not apply to business associates of officers, employees
or advisory board members, but only personally to the officers, employees and advisory
board members themselves.
SECTION 3.
That Chapter 2, Article Vl, Section 2-265 of the Southlake City Code is hereby amended as
follows:
See. 2-265 DISCLOSURE OF INTEREST
A. If any city officer, employee or advisory board member has a substantial interest in a
business entity or real property involved in any decision pending before such officer,
U
employee, or advisory board member, or the body of which he or she is a member, such
officer, employee, or advisory board member shall disclose such interest as provided in
paragraph D below and shall not, except as provided in paragraph B below, 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. If any of the following interests or relationships are involved in any decision pending
before any city officer, employee, or advisory board member, or the body of which he is a
member, such officer, employee, or advisory board member must disclose such interest or
relationship as provided in paragraph D and, in the case of an interest described in Section
B.(6), as provided in paragraph E below, but he shall be permitted to vote on and
participate in the consideration of such matter:
(1) A decision conceming a bank or other financial institution from which the officer,
employee, or advisory board member 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 2 years and cannot be accelerated except for failure to make
payments according to the terms thereof;
(2) A decision concerning a bank or other financial institution in which the officer,
employee, or advisory board member 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 decision concerning a business entity with which the officer, employee, or
advisory board member has a retail or credit card account;
E
(4) A decision concerning the approval of substitution of collateral by a city
depository bank;
(5) A decision concerning real property in which the officer, employee or advisory
board member has a substantial interest if it is not reasonably foreseeable that such
decision would have a special economic effect on the value of the property,
distinguishable from the effect on the public (see Section 171.004, Texas Local
Government Code).
(6) A relationship between a city officer, advisory board member or employee and a
person who has contracted with the City or is considering doing business with the
City, if the city officer, advisory board member, employee, or family member of
the city officer, advisory board member or employee has received one or more
gifts from a person who has contracted with the City or is considering doing
business with the City and the gift(s) have an aggregate value of more than $250 in
the twelve (12) month period preceding the date the person becomes aware of a
contract with the City or that the City is considering doing business with the
person. This shall not apply to gifts of food, lodging, transportation or
entertainment accepted as a guest.
C. If the following relationship exists between any city officer, advisory board member,
employee or family member of a city officer, advisory board member or employee, such
officer, advisory board member or employee must disclose such interest as provided in
paragraph F, below and shall not, in accordance with Paragraph A, discuss the substance of
the matter at any time with any other member of the board of which he or she is a member
or any other body which will vote on or otherwise participate in the consideration of the
10
matter. A relationship shall exist if the city officer, advisory board member, employee, or
family member of the city officer, advisory board member or employee receives taxable
income from a person who contracts with the City or is considering doing business with
the City for the sale or purchase of property, goods or services with the City.
D. A city officer, employee or advisory board member shall disclose the existence of any
substantial interest in a business entity or real property involved in any decision pending
before such officer, employee or advisory board member, or the body of which he is a
member. To comply with this paragraph, a city officer or advisory board member shall,
prior to any discussion or determination of the matter, either file an affidavit of disclosure
as required by Section 171.004 of the Texas Local Government Code or, if not so
required, shall publicly disclose in the official records of the body or of the city secretary
the nature of the interest. To comply with this paragraph, a city employee shall notify his
or her superior in writing of the nature of any substantial interest he may have in a
business entity or real property which would be affected by an exercise of discretionary
authority by the city employee and such superior shall assign the matter to another
employee.
C. A city officer, advisory board member or employee shall disclose a relationship that exists
between the officer, advisory board member, employee or family member of the officer,
advisory board member or employee with a person contracting or seeking to contract with
the City by filing a conflicts disclosure statement with the City Secretary as required by
Section 176.003 of the Texas Local Government Code. The disclosure statement form is
available from the City Secretary or by visiting
www.ediics.state.tx.us/whatsnew/confliet forms. This disclosure shall be filed not later
11
than 5:00p.m. on the seventh business day after the date on which the officer, advisory
board member or employee becomes aware of the existence of a relationship as defined in
Section 4, paragraphs B(6) and C.
SECTION 4.
That Chapter 2, Article Vl, Section 2-266 of the Southlake City Code is hereby amended as
follows:
See. 2-266 ENFORCEMENT
A. The City Council shall have the primary responsibility for the enforcement of this code.
The City Council may direct the city attorney to investigate any apparent violation of the
code or it may employ or appoint any qualified attorney to investigate any violation or
series of violations of this code by one or more persons. At the direction of the City
Council, the city attorney shall have the power to investigate any complaint, and to take
any action on behalf of the city where such action is appropriate.
B. Any person who believes that a violation of any portion of the code has occurred may file
a complaint with the City Council who may then proceed as provided in paragraph A
above. However, nothing in this code shall be construed to prevent complainants from
instituting direct legal action through the appropriate judicial authority.
SECTION 5.
That Chapter 2, Article VI of the Southlake City Code is hereby amended as follows to add
Section 2-268 as follows:
The Council hereby directs the City Manager to prepare and bring before the Council for adoption
by resolution, an Employee Business Code of Conduct to be included in the City Personnel Manual which
12
shall incorporate the provisions of this Code of Ethics and Conduct and proscribe conduct in accordance
with adopted Southlake Values.
SECTION 6.
DISTRIBUTION OF CODE OF ETHICS AND CONDUCT
The city secretary shall cause a copy of this code of ethics and conduct to be distributed to every
officer, employee and advisory board member of the city within thirty (30) days after enactment of this
code. Each officer, employee and advisory board member thereafter elected, hired or appointed shall be
furnished a copy before entering upon the duties of his or her office or employment and shall sign a
written statement acknowledging receipt of the copy. A copy of the ordinance shall be furnished to each
officer, employee and advisory board member each year.
SECTION 7.
This ordinance shall be cumulative of all provisions of ordinances of the City of Soutlilake, Texas,
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 8.
It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences,
paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or
section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City
Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence,
paragraph or section.
SECTION 9.
13
The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book
or pamphlet form for general distribution among the public, and the operative provisions of this ordinance
as so published shall be admissible in evidence in all courts without further proof than the production
thereof.
SECTION 10.
This ordinance shall be in full force and effect from and after its passage and publication as
required by law, and it is so ordained.
PASSED AND APPROVED ON FIRST READING ON THIS l(pjh DAY OF
CY ar 2006
MAYO—F— R
nn : o14
r
ATT i =V--
SECRETARY' **0
PASSED AND APPROVED ON SECOND READING ON THIS I+h DAY OF
Sullp 2006.
aVTlCZj .
MAYOR
CITY SECRETARY'
APPROVED AS TO FORM AND LEGALITY:
City Attorney p
Date:
ADOPTED: Q LO
EFFECTIVE: h•9-&0
14
OFFICIAL RECORI
I-.
AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING
CHAPTER 2, ARTICLE VI, CODE OF ETHICS AND CONDUCT OF THE
CODE OF ORDINANCES OF THE CITY OF SOUTHLAKE, TO AMEND
SECTION 2-265 DISCLOSURE OF INTEREST TO COMPLY WITH
CHAPTER 176 OF THE TEXAS LOCAL GOVERNMENT CODE;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR PUBLICATION AS REQUIRED BY LAW; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule city acting under its
charter adopted by the electorate pursuant to article XI, section 5 of the Texas
Constitution and chapter 9 of the Texas Local Government Code; and
WHEREAS, the City Council of the City of Southlake adopted a Code of Ethics
and Conduct applicable to the conduct of officers, employees and board members while
acting in their official capacities in representing the City of Southlake which is codified
as Chapter 2, Article VI of the Southlake City Code; and
WHEREAS, the City Council of the City of Southlake desires to amend Chapter
2, Article VI of the Southlake City Code to reflect changes in Chapter 176 of the Local
Government Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1.
Chapter 2, Article VI, Section 2-265 of the Southlake City Code is hereby
amended as follows:
Sec. 2-265 Disclosure of Interest
A. If any city officer, employee or advisory board member has a substantial
interest in a business entity or real property involved in any decision pending
Page 1
before such officer, employee, or advisory board member, or the body of
which he or she is a member, such officer, employee, or advisory board
member shall disclose such interest as provided in paragraph D below and
shall not, except as provided in paragraph B below, 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. If any of the following interests or relationships are involved in any decision
pending before any city officer, employee, or advisory board member, or the
body of which he is a member, such officer, employee, or advisory board
member must disclose such interest or relationship as provided in paragraph
D and, in the case of an interest described in Section B.(6), as provided in
paragraph E, paragraph F, or paragraph G below, but he shall be permitted
to vote on and participate in the consideration of such matter:
(1) A decision concerning a bank or other financial institution from which
the officer, employee, or advisory board member 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 2 years and
cannot be accelerated except for failure to make payments according
to the terms thereof;
(2) A decision concerning a bank or other financial institution in which the
officer, employee, or advisory board member 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 decision concerning a business entity with which the officer,
employee, or advisory board member has a retail or credit card
account;
(4) A decision concerning the approval of substitution of collateral by a
city depository bank;
(5) A decision concerning real property in which the officer, employee or
advisory board member has a substantial interest if it is not
Page 2
reasonably foreseeable that such decision would have a special
economic effect on the value of the property, distinguishable from the
effect on the public (see Section 171.004, Texas Local Government
Code).
(6) A relationship between a city officer, advisory board member or
employee and a person who has contracted with the City or is
considering doing business with the City, if the city officer, advisory
board member, employee, or family member of the city officer,
advisory board member or employee has received one or more gifts
from a person who has contracted with the City or with whom the City
is considering entering into a contract and the gift(s) have an
aggregate value of more than $250 in the twelve (12) month period
preceding the date the person becomes aware of a contract with the
City or that the City is considering entering into a contract with the
person. This shall not apply to gifts given as a political contribution as
defined by the Election Code, gifts given by a family member of the
person accepting the gift, or gifts of food, lodging, transportation or
entertainment accepted as a guest.
C. If the following relationship exists between any city officer, advisory
board member, employee or family member of a city officer, advisory
board member or employee, such officer, advisory board member or
employee must disclose such interest as provided in paragraph E,
paragraph F, or paragraph G below and shall not, in accordance with
Paragraph A, discuss the substance of the matter at any time with
any other member of the board of which he or she is a member or
any other body which will vote on or otherwise participate in the
consideration of the matter. A relationship shall exist if the city officer,
advisory board member, employee, or family member of the city
officer, advisory board member or employee receives taxable income,
other than investment income, that exceeds $2,500 from a person
who contracts with the City or with whom the City is considering
Page 3
entering into a contract if such income was received during the twelve
month period preceding the date the city officer, advisory board
member or employee becomes aware of the existing or potential
contract.
D. A city officer, employee or advisory board member shall disclose the
existence of any substantial interest in a business entity or real property
involved in any decision pending before such officer, employee or advisory
board member, or the body of which he is a member. To comply with this
paragraph, a city officer or advisory board member shall, prior to any
discussion or determination of the matter, either file an affidavit of disclosure
as required by Section 171.004 of the Texas Local Government Code or, if
not so required, shall publicly disclose in the official records of the body or of
the city secretary the nature of the interest. To comply with this paragraph, a
city employee shall notify his or her superior, and the Director of Human
Resources in writing of the nature of any substantial interest he may have in
a business entity or real property which would be affected by an exercise of
discretionary authority by the city employee. The employee's superior shall
assign the matter to another employee.
E. A council member or the City Manager shall disclose a relationship as
defined in Section 4, paragraphs B(6) and C that exists between the council
member, the City Manager or family member of the council member or City
Manager with a person who enters into a contract the City or with whom
the City is considering entering into a contract by filing a conflicts disclosure
statement with the City Secretary as required by Section 176.003 of the
Texas Local Government Code. The disclosure statement form is available
from the City Secretary or by visiting
www.ethics.state.tx.us/whatsnew/conflict forms. This disclosure shall be
filed not later than 5:00p.m. on the seventh business day after the date on
which the council member or the City Manager becomes aware of the
existence of a relationship as defined in Section 4, paragraphs B(6) and C.
Page 4
F. An advisory board member shall disclose a relationship as defined in
Section 4, paragraphs B(6) and C that exists between the advisory board
member, or family member of the advisory board member with a person who
enters into a contract with the City or with whom the City is considering
entering into a contract by filing a written statement with the City Secretary
on a form promulgated by the City Secretary for that purpose. This
statement shall be filed not later than 5:00 p.m. on the seventh business day
after the date on which the advisory board member or employee becomes
aware of the existence of a relationship as defined in Section 4, paragraphs
B(6) and C.
G. An employee of the city shall disclose a relationship as defined in Section 4,
paragraphs B(6) and C that exists between the employee, or family member
of the employee, with a person who enters into a contract with the City or
with whom the City is considering entering into a contract by filing a written
statement with the Director of Human Resources on a form promulgated by
the Human Resources Department for that purpose. This notification shall
be provided not later than 5:00 p.m. on the seventh business day after the
date on which employee becomes aware of the existence of a relationship
as defined in Section 4, paragraphs B(6) and C.
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances and of the
Code of Ordinances of the City of Southlake, Texas, as amended, except where the
provisions of this ordinance are in direct conflict with the provisions of such ordinances
and such Code, in which event the conflicting provisions of such ordinances and such
Code are hereby repealed.
Page 5
SECTION 3.
Should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall
not affect/ the validity of this ordinance as a whole, or any part or provision thereof other
than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the
validity of the Code of Ordinances as a whole.
SECTION 4.
The City Secretary of the City of Southlake is hereby directed to publish this
ordinance to the extent required by law.
SECTION 5.
This Ordinance shall take effect immediately from and after its passage and
approval, and it is so ordained.
PASSED AND APPROVED on the 1st reading the At4l day of
6L�im M) 2007.
, .'
ATTE T:
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•°
• co
co
CITY SECRETAW
PASSED AND APPROVED on the 2nd reading the day Mst of
&tbw , 2007.
WATTORNE—?
O ZFM AND LEGALITY:
Page 6
Section: Rules and Regulations
Effective Date: March 21, 1995
Armroved Bv: ORDINANCE NO.635
1.0 DECLARATION OF POLICY
City of Southlake
Personnel Policies
TOple: Code of Ethics and Conduct
Revision Date: October 2, 2007
It is hereby declared to be the policy of the City of Southlake that the proper operation of
democratic government requires that public officials and employees be independent, impartial and
responsible only to the people of the city; that governmental decisions and policy should be made
in the proper channels of the governmental structure; that no officer, employee or member of any
board, commission or committee should 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 or her 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. To
implement such a policy, the City Council deems it advisable to enact this code of ethics and
conduct for all officers, employees and advisory board members, whether elected or appointed,
paid or unpaid, to serve not only as a guide for official conduct of the city's public servants, but
also as a basis for discipline for those who refuse to abide by its terms. This code of ethics and
conduct is cumulative of other ordinances, city charter provisions and state statutes defining and
prohibiting conflict of interest.
Code of Ethics and Conduct
Revised: Ordinance No. 635-B
Effective: October 2, 2007
Page 2 of 12
2.0 DEFINITIONS
For the purposes of this code of ethics and conduct the following words and phrases shall have the
meanings ascribed to them by this section.
Advisory board shall mean a board, commission or committee of the city that functions only in an
advisory or study capacity.
Business entity shall mean a sole proprietorship, partnership, firm, corporation, association,
holding company, joint stock company, receivership, trust, or any other entity recognized by law.
Employee shall mean any person employed by the city, including those individuals on a part-time
basis, but such term shall not be extended to apply to any independent contractor.
Family member shall mean a person related to another person within the first degree by
consanguinity or affinity, as described by Subchapter B, Chapter 573, Government Code.
Knowingly. A person acts knowingly, or with knowledge, with respect to the nature of his or her
conduct or to circumstances surrounding his or her conduct when he is aware of the nature of his
or her conduct or that the circumstances exist. A person acts knowing, or with knowledge, with
respect to a result of his or her conduct when he is aware that his or her conduct is reasonably
certain to cause the result.
OJfrcer shall mean any member of the City Council, the Planning and Zoning Commission, the
Board of Adjustment, the Building Board of Appeals and any member of a board, commission or
committee established by ordinance, charter or state law that has final approval authority over any
application, permit, license or other City approvals; provided, no member of an advisory board
shall be deemed an officer of the city.
Substantial interest
A. A person has a substantial interest in a business entity if:
(1) The interest is ownership of ten (10) percent or more of the voting stock or shares
of the business entity or ownership of either ten (10) percent or more or five
thousand dollars ($5,000.00) or more of the fair market value of the business entity
(see Section 171.002, Texas Local Government Code); or
Code of Ethics and Conduct
Revised: Ordinance No. 635-B
Effective: October 2, 2007
Page 3 of 12
(2) Funds received by the person from the business entity exceed ten (10) percent of
the person's gross income for the previous year (see Section 171.002, Texas Local
Government Code); or
(3) The person holds a position of member of the board of directors or other governing
board of the business entity; or
(4) The person serves as an elected officer of the business entity; or
(5) The person is an employee of the business entity; or
(6) The person is a creditor, debtor or guarantor of the business entity in the amount of
five thousand dollars ($5,000.00) or more; or
(7) 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 five thousand dollars ($5,000.00) or
more.
B. A person does not have a substantial interest in a business entity if.
(1) The person holds a position as a member of the board of directors or other
governing board of a business entity; and
(2) The person has been designated by the City Council to serve on such board; and
(3) The person receives no remuneration, either directly or indirectly, for his or her
service on such board; and
(4) The primary nature of the business entity is either charitable, nonprofit or
governmental.
C. 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 two thousand five hundred dollars
($2,500.00) or more (see Section 171.002, Texas Local Government Code).
D. A person has a substantial interest under this ordinance if the person's Family Member has
a substantial interest under this ordinance (see Section 171.002, Texas Local Government
Code).
Code of Ethics and Conduct
Revised: Ordinance No. 635-B
Effective: October 2, 2007
Page 4 of 12
3.0 STANDARDS OF CONDUCT
A. No city officer, employee or advisory board member, or their spouses, shall knowingly:
(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 or her official duties or
that the officer, employee or advisory board member knows or should know is
being offered with the intent to influence the officer's or employee's official
conduct. This prohibition shall not apply to:
(a) An occasional non -pecuniary gift, insignificant in value; or
(b) An award publicly presented in recognition of public service; or
(c) Any gift which would have been offered or given to the officer employee
or advisory board member or his or her spouse if he/she were not a city
officer, employee or advisory board member; or.
(d) Any travel and related expenses to attend ceremonial functions, provided
that such acceptance and attendance have been approved by the City
Council prior to the occurrence of the ceremonial function.
(2) Grant in the discharge of his or her official duties any improper favor, service or
thing of value to any person, group or business entity;
(3) Knowingly disclose any confidential information gained by reason of the position
of the officer, employee or advisory board member concerning property,
operations, policies or affairs of the city, or use such confidential information to
advance any personal interest, financial or otherwise, of such officer, employee or
advisory board member, or others. This subparagraph 4 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 code.
(4) Use one's position or office of employment or city facilities, personnel, equipment
or supplies to secure special privileges or exemptions for himself or others or for
Code of Ethics and Conduct
Revised: Ordinance No. 635-B
Effective: October 2, 2007
Page 5 of 12
the private gain of the city officer, employee, advisory board member or his or her
spouse.
(5) Engage in any exchange, purchase or sale of property, goods or services with the
city, except:
(a) Rendering services to the city as an officer, employee or advisory board
member;
(b) Paying taxes, fines, 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 city ordinance, rule or regulation allows any discretion by the
appropriate officers or employees of the city in the interpretation or
enforcement of such ordinance, rule or regulation, any such discretion shall
be exercised in favor of the city in connection with any such developer's
agreement or plat;
(d) Advisory board members who are not otherwise officers or employees of
the city, may engage in any exchange, purchase or sale of property, goods
or services with the city, or enter into a contract with the city, provided that
the board on which they are a member has no advisory function or
cognizance, direct or indirect, present or prospective, with respect to the
transaction in which such advisory board member engages or proposes to
engage.
(6) Hold himself/herself out as representing the city 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 or her
official duties or would tend to impair his or her independent judgment in the
performance of his or her official duties.
(8) Make or permit the unauthorized use of city owned vehicles, equipment, materials
or property.
Code of Ethics and Conduct
Revised: Ordinance No. 635-B
Effective: October 2, 2007
Page 6 of 12
(9) Grant any special consideration, treatment or advantage to any citizen beyond that
which is available to every other citizen.
(10) After terrnination of service or employment with the city, appear before any board
or commission of the city in relation to any case, proceeding or application in
which he or she personally participated or which was under his or her active
consideration, during the period of his or her service or employment.
(11) Transact any business in his or her official capacity with the city with a business
entity in which he/she has a substantial interest.
(12) Engage in any dishonest or criminal act or any other conduct prejudicial to the
government of the city or that reflects discredit upon the government of the city.
(13) Knowingly perform or refuse to perform any act in order to deliberately thwart the
execution of city ordinances, rules or regulations or the achievement of official city
programs.
B. No officer, advisory board member or city employee shall knowingly represent, directly or
indirectly, any person, group or business entity:
(1) Before the City Council or any department, agency, board or commission of the
city;
(2) In any action or proceeding against the interests of the city or in any litigation in
which the city or any department, agency, board or commission thereof is a party;
or
(3) In any action or proceeding in the municipal courts of the city which was instituted
by a city officer or employee in the course of his or her official duties, or a criminal
proceeding in which any city officer or employee is a material witness for the
prosecution.
C. The restrictions in this section do not prohibit the following:
(1) A city employee, officer or advisory board member (other than City Council), or
his or her spouse, appearing before the City Council or a city department, agency,
board or commission to represent himself or herself in a matter affecting his or her
Code of Ethics and Conduct
Revised: Ordinance No. 635-B
Effective: October 2, 2007
Page 7 of 12
property; provided, however, that no such person, or his or her spouse, shall appear
before the board or commission of which he or she is a member; or
(2) A city employee or officer of an employee organization appearing before the City
Council or a city department, agency, board or commission to address employment
matters.
D. The restrictions in this section do not apply to business associates of officers, employees
or advisory board members, but only personally to the officers, employees and advisory
board members themselves.
4.0 DISCLOSURE OF INTEREST
A. If any city officer, employee or advisory board member has a substantial interest in a
business entity or real property involved in any decision pending before such officer,
employee, or advisory board member, or the body of which he or she is a member, such
officer, employee, or advisory board member shall disclose such interest as provided in
paragraph D below and shall not, except as provided in paragraph B below, 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. If any of the following interests or relationships are involved in any decision pending
before any city officer, employee, or advisory board member, or the body of which he is a
member, such officer, employee, or advisory board member must disclose such interest or
relationship as provided in paragraph D and, in the case of an interest described in Section
B.(6), as provided in paragraph E, paragraph F, or paragraph G below, but he shall be
permitted to vote on and participate in the consideration of such matter:
(1) A decision conceming a bank or other financial institution from which the officer,
employee, or advisory board member 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 2 years and cannot be accelerated except for failure to make
payments according to the terms thereof;
Code of Ethics and Conduct
Revised: Ordinance No. 635-B
Effective: October 2, 2007
Page 8 of 12
(2) A decision concerning a bank or other financial institution in which the officer,
employee, or advisory board member 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 decision concerning a business entity with which the officer, employee, or
advisory board member has a retail or credit card account;
(4) A decision concerning the approval of substitution of collateral by a city
depository bank;
(5) A decision concerning real property in which the officer, employee or advisory
board member has a substantial interest if it is not reasonably foreseeable that such
decision would have a special economic effect on the value of the property,
distinguishable from the effect on the public (see Section 171.004, Texas Local
Government Code).
(6) A relationship between a city officer, advisory board member or employee and a
person who has contracted with the City or is considering doing business with the
City, if the city officer, advisory board member, employee, or family member of
the city officer, advisory board member or employee has received one or more
gifts from a person who has contracted with the City or with whom the City is
considering entering into a contract and the gift(s) have an aggregate value of more
than $250 in the twelve (12) month period preceding the date the person becomes
aware of a contract with the City or that the City is considering entering into a
contract with the person. This shall not apply to gifts given as a political
contribution as defried by the Election Code, gifts given by a family member of
the person accepting the gift, or gifts of food, lodging, transportation or
entertainment accepted as a guest.
C. If the following relationship exists between any city officer, advisory board member,
employee or family member of a city officer, advisory board member or employee, such
officer, advisory board member or employee must disclose such interest as provided in
paragraph E, paragraph F or paragraph G below and shall not, in accordance with
Code of Ethics and Conduct
Revised: Ordinance No. 635-B
Effective: October 2, 2007
Page 9 of 12
Paragraph A, discuss the substance of the matter at any time with any other member of the
board of which he or she is a member or any other body which will vote on or otherwise
participate in the consideration of the matter. A relationship shall exist if the city officer,
advisory board member, employee, or family member of the city officer, advisory board
member or employee receives taxable income, other than investment income, that exceeds
$2,500 from a person who contracts with the City or with whom the City is considering
entering into a contract if such income was received during the twelve month period
preceding the date the city officer, advisory board member or employee becomes aware of
the existing or potential contract.
D. A city officer, employee or advisory board member shall disclose the existence of any
substantial interest in a business entity or real property involved in any decision pending
before such officer, employee or advisory board member, or the body of which he is a
member. To comply with this paragraph, a city officer or advisory board member shall,
prior to any discussion or determination of the matter, either file an affidavit of disclosure
as required by Section 171.004 of the Texas Local Government Code or, if not so
required, shall publicly disclose in the official records of the body or of the city secretary
the nature of the interest. To comply with this paragraph, a city employee shall notify his
or her superior, and the Director of Human Resources in writing of the nature of any
substantial interest he may have in a business entity or real property which would be
affected by an exercise of discretionary authority by the city employee. The employee's
superior shall assign the matter to another employee.
E. A council member or the City Manager shall disclose a relationship as defined in Section
4, paragraphs B(6) and C that exists between the council member, the City Manager or
family member of the council member or City Manager with a person who enters into a
contract the City or with whom the City is considering entering into a contract by filing a
conflicts disclosure statement with the City Secretary as required by Section 176.003 of
the Texas Local Government Code. The disclosure statement form is available from the
City Secretary or by visiting www.ethics.state.tx.us/whatsnew/conflict forms. This
disclosure shall be filed not later than 5:OOp.m. on the seventh business day after the date
Code of Ethics and Conduct
Revised: Ordinance No. 635-B
Effective: October 2, 2007
Page 10 of 12
on which the council member or the City Manager becomes aware of the existence of a
relationship as defined in Section 4, paragraphs B(6) and C.
F. An advisory board member shall disclose a relationship as defined in Section 4,
paragraphs B(6) and C that exists between the advisory board member, or family member
of the advisory board member with a person who enters into a contract with the City or
with whom the City is considering entering into a contract by filing a written statement
with the City Secretary on a form promulgated by the City Secretary for that purpose.
This statement shall be filed not later than 5:00 p.m. on the seventh business day after the
date on which the advisory board member or employee becomes aware of the existence of
a relationship as defined in Section 4, paragraphs B(6) and C.
G. An employee of the city shall disclose a relationship as defined in Section 4, paragraphs
B(6) and C that exists between the employee, or family member of the employee, with a
person who enters into a contract with the City or with whom the City is considering
entering into a contract by filing a written statement with the Director of Human
Resources on a form promulgated by the Human Resources Department for that purpose.
This notification shall be provided not later than 5:00 p.m. on the seventh business day
after the date on which employee becomes aware of the existence of a relationship as
defined in Section 4, paragraphs B(6) and C.
5.0 ENFORCEMENT
A. The City Council shall have the primary responsibility for the enforcement of this code.
The City Council may direct the city attorney to investigate any apparent violation of the
code or it may employ or appoint any qualified attorney to investigate any violation or
series of violations of this code by one or more persons. At the direction of the City
Council, the city attorney shall have the power to investigate any complaint, and to take
any action on behalf of the city where such action is appropriate.
B. Any person who believes that a violation of any portion of the code has occurred may file
a complaint with the City Council who may then proceed as provided in paragraph A
Code of Ethics and Conduct
Revised: Ordinance No. 635-B
Effective: October 2, 2007
Page I I of 12
above. However, nothing in this code shall be construed to prevent complainants from
instituting direct legal action through the appropriate judicial authority.
6.0 EMPLOYEE BUSINESS CODE OF CONDUCT
A. The Council hereby directs the City Manager to prepare and bring before the Council for
adoption by resolution, an Employee Business Code of Conduct to be included in the City
Personnel Manual which shall incorporate the provisions of this Code of Ethics and
Conduct and proscribe conduct in accordance with adopted Southlake Values.
7.0 ADVISORY OPINIONS
A. Where any officer, employee or advisory board member has a doubt as to the applicability
of any provision of this code to a particular situation, or as to the definition of terms used
herein, he may apply to the city attorney for an advisory opinion. The officer, employee or
advisory board member shall have the opportunity to present his or her interpretation of
the facts at issue and of the applicability of provisions of the code before such advisory
opinion is made.
B. Until amended or revoked, any advisory opinion shall be binding on the city, the City
Council, and the city attorney in any subsequent actions concerning the public officer,
employee or advisory board member who sought the opinion and acted on it in good faith,
unless material facts were omitted or misstated in the request for the advisory opinion.
Such opinion shall not be binding in any action initiated by any private citizen.
8.0 PENALTIES; FORFEITED POSITION• EXEMPTIONS - INJUNCTIONS
A. Except where otherwise provided by state law, it is not the intent of this code that
violations thereof be subject to criminal penalties.
B. Whenever the City Council has determined that any officer, employee or advisory board
member has violated any provision of this code, such officer, employee or advisory board
member shall be subject to discipline, including forfeiture of his or her office or position.
Nothing in this ordinance shall be construed to prohibit such officer, employee or advisory
Code of Ethics and Conduct
Revised: Ordinance No. 635-B
Effective: October 2, 2007
Page 12 of 12
board member from being re-elected, reappointed or otherwise rehired to any position
forfeited under the provisions of this code.
C. The City Council may exempt from the provisions of this code any conduct found to
constitute a violation by an officer, employee or advisory board member if it finds that the
enforcement of this code with respect to such conduct is not in the public interest.
D. Any contract or transaction which was the subject of an official act or action of the city in
which there is an interest prohibited by this code, or which involved the violation of a
provision of this code, shall be voidable at the option of the City Council.
E. At the discretion of the City Council, the city attorney shall have the power, where a
violation of the provisions of this code is threatened or has occurred, to bring a civil action
or proceeding, at law or in equity, for a judgment enjoining any violation of the provisions
of this code or requiring the relinquishment of any prohibited interest or the voiding of any
such contract or transaction, taking into account the interests of the city and any third
persons who may be injured thereby. Where the City Council determines that the public
interest may best be served by not voiding a contract or transaction entered into in
violation of this code, such contract or transaction may be enforced and an action or
proceeding may be brought against any officer, employee or advisory board member found
in violation of provisions of this code for damages, not to exceed twice the damages
suffered by the city or twice the profit or gain realized by the officer, employee or advisory
board member, whichever is greater.
9.0 DISTRIBUTION OF CODE OF ETHICS AND CONDUCT
The city secretary shall cause a copy of this code of ethics and conduct to be distributed to every
officer, employee and advisory board member of the city within thirty (30) days after enactment of
this code. Each officer, employee and advisory board member thereafter elected, hired or
appointed shall be furnished a copy before entering upon the duties of his or her office or
employment and shall sign a written statement acknowledging receipt of the copy. A copy of the
ordinance shall be famished to each officer, employee and advisory board member each year.
ORDINANCE NO. 99-17
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF TAYLOR, TEXAS, ESTABLISHING
A CODE OF ETHICS; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING A PENALTY CLAUSE.
WHEREAS, the City Commission shall faithfully discharge
all duties imposed upon it by the City Charter and the
Constitution and laws of the State of Texas, independently
and impartially deciding all matters brought before it with
responsibility to the citizens of the City of Taylor, Texas;
and
WHEREAS, the City Commission is the governing body for
the City of Taylor, Texas, and must bear responsibility for
the integrity of governance; and
WHEREAS, the City Commission shall govern the City with
a commitment to preserving the values and integrity of
representative local government and democracy; and
WHEREAS, the City Commission will seek to improve the
quality and image of public service; and
WHEREAS, the City Commission will commit to improving
the quality of life for the individual and the community by
being dedicated to the faithful stewardship of the public
trust.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF TAYLOR, TEXAS:
Section 1.
The facts contained in the preamble of this Ordinance are
hereby found and declared to be true and correct, and are
incorporated by reference herein and expressly made a part
hereof, as if copied verbatim.
Section 2. DEFINITIONS
For the purposes of this Ordinance:
1. "Benefit" means anything reasonably regarded as
economic gain or economic advantage, including benefit
to any other person in whose welfare the beneficiary is
interested, but does not include a contribution to
expenditure made and reported in accordance with law.
2. "Board" means a board, commission, or committee:
A. which is established by City ordinance, charter,
interlocal contract, or state law, or
B. which serves as the board of a nonprofit
development corporation that acts as an
instrumentality of the City; and
C. any part of whose membership is appointed by the
City Commission, but does not include a board,
commission, or committee which is the governing
body of a separate political subdivision of the
state.
3. "Employee" means a person employed and paid a salary by
the City whether under civil service or not, including
those individuals on a part-time basis, but does not
include an independent contractor or City Commissioner.
4. "Negotiating concerning prospective employment" means a
discussion between a City officer or employee and
another employer concerning the possibility of the City
officer or employee considering or accepting employment
with the employer, in which discussion the City officer
or employee responds in a positive way.
S. "Officer" means a member of the City Commission and any
member of a board who is appointed by the City
Commission. "Officer" does not include a member of a
board:
A. that functions only in an advisory or study
capacity and which does not have the power to make
findings as to the rights of specific parties; or
B. of a nonprofit development corporation that acts
as an instrumentality of the City.
Section 3. POLICY
(a) It is hereby declared to be the policy of the City
that the proper operation of democratic government requires
that:
1. public officials and employees be independent,
impartial and responsible only to the people of
the City;
2. governmental decisions and policy be made using
the proper procedures of the governmental
structure;
3. no officer or employee have any financial
interest, 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;
4. public office not be used for personal gain; and
5. the City Commission at all times be maintained as
a nonpartisan body.
(b) To implement this Ordinance, the City Commission
has determined that it is advisable to enact this Code of
Ethics for all officials and employees, whether elected or
appointed, paid or unpaid, advisory or administrative, to
serve not only as a guide for official conduct of the City's
public servants, but also as a basis for discipline for
those who refuse to abide by its terms.
(c) Notwithstanding any other provision of this
Ordinance, a member of the board of directors of a
reinvestment zone established under the Tax Increment
Financing Act, as amended, may:
1. own property within that reinvestment zone; and
2. participate in discussions and voting on matters
before the board of directors that may directly or
indirectly affect the member's property within the
reinvestment zone.
SECTION 4. STANDARDS OF CONDUCT
(a) An officer of employee of the City shall not:
1. Accept or solicit a benefit that might reasonable
tend to influence the officer or employee in the
discharge of his official duties.
2. Use his official position to secure special
privilege or exemptions for himself or others.
3. Grant any special consideration, treatment or
advantage to a person or organization beyond that
which is available to every other person or
organization. This shall not prohibit the
granting of fringe benefits to City employees a
part of their contract of employment or as an
added incentive to the securing or retaining of
employees.
4. Disclose information that could adversely affect
the property of affairs of the City, or directly
or indirectly, use any information understood to
be confidential which was gained by reason of his
official position or employment for his own
personal gain or benefit or for the private
interest of others.
S. Transact any business on behalf of the City in his
official capacity with any business entity with
which he is an officer, agent or member or in
which he has a financial interest. In the event
that such a circumstance should arise, then he
shall make known his interest, and:
A. in the case of an officer, leave the room
during debate or hearing, refrain from
discussing the matter at any time with the
members of the body of which he is a member
or any other body which will consider the
matter and abstain from voting on the matter;
or
B. in the case of an employee, turn the matter
over to his superior for reassignment, state
the reasons for doing so and have nothing
further to do with the matter involved.
6. Personally provide services for compensation,
directly or indirectly, to a person or
organization who is requesting an approval,
investigation, or determination from the body or
department of which the officer or employee is a
member. This restriction does not apply to
outside employment of an officer if the employment
is the officer's primary source of income.
7. Accept other employment or engage in outside
activities incompatible with the full and proper
discharge of his duties and responsibilities with
the City, or which might impair his independent
judgment in the performance of his public duty.
B. Personally participate in a decision, approval,
disapproval, recommendation, investigation, or
rendering of advice in a proceeding, application,
request for ruling or determination, contract,
claim, or other matter under the jurisdiction of
the City, if the officer or employee is
negotiating or has an arrangement concerning
prospective employment with a person or
organization which has a financial interest in the
matter, and, in the case of an employee, it has
been determined by the City Manager that a
conflict of interest exists. If an officer or
employee begins negotiation or enters an
arrangement concerning prospective employment with
a person or organization that has a financial
interest in a matter in which the officer or
employee has been participating, the officer or
employee shall:
A. in the case of an employee, immediately
notify the official responsible for
appointment to his position of the nature of
the negotiation or arrangement and, if the
City Manager determines that a conflict of
interest exists, follow the instructions of
the City Manager with regard to further
involvement in the matter; or
B. in the case of a board member, immediately
notify the board of which he is a member the
nature of the negotiation or arrangement and:
i. refrain from discussing the matter at
any time with other board members or
members of the City Commission if the
City Commission will also consider the
matter;
ii. leave the room during debate hearing on
the matter; and
iii. abstain from voting on the matter; or
C. in the case of a member of the City
Commission, file an affidavit with the City
Clerk regarding the nature of the negotiation
or arrangement and:
i. refrain from discussing the matter at
any time with other Commissioners or
members of a board that will consider
the matter;
ii. leave the room during debate or hearing
on the matter; and
iii. abstain from voting on the matter.
9. Receive any fee or compensation for his services
as an officer or employee of the City from any
source other than the City, except as may be
otherwise provided by law. This shall not
prohibit his performing the same or other services
for a public or private organization that he
performs for the City if there is no conflict with
his City duties and responsibilities.
10. (a) In the case of a member of the City
Commission or an employee, personally represent,
or appear in behalf of, the private interest of
others:
i. before the City Commission or any City
board or department;
ii. in any proceeding involving the City; or
iii. in any litigation to which the City is a
party.
(b) In the case of a board member, personally
represent or appear in behalf of, the private
interests of others:
i. before the board of which he is a
member;
ii. before the City Commission.
iii. before a board which has appellate
jurisdiction over the board of which he
is a member; or
iv. in litigation or a claim to which the
City or an employee of the City is a
party if the interests of the person
being represented are adverse to the
City or an employee of the City and the
subject of the litigation or claim
involves the board on which the board
member is serving or the department
providing support services to that
board.
11. Use the prestige of his position with the City in
behalf of any political party.
12. Knowingly perform or refuse to perform any act in
order to deliberately thwart the execution of the
City ordinances, rules or regulations or the
achievement of official City programs.
13. Use City supplies, equipment or facilities for any
purpose other than the conduct of official City
business.
la. Engage in any dishonest or criminal act or any
other conduct prejudicial to the government of the
City or that reflects discredit upon the
government of the City.
(b) The restrictions in this Section do not apply to
business associates of officers or employees, but only
personally to the officers and employees themselves.
(c) The restrictions and requirements of Subsection
(a)(5) of this Section do not apply to an officer or
employee of the City serving as a member of any board,
commission, or other entity when transacting business on
behalf of the City in an official capacity with that board,
commission, or entity, if the officer or employee:
1. was appointed by the Chairman, City Commission, or
City Manager to represent the City on the board,
commission, or entity; and
2. has no financial interest in the board,
commission, or entity or in the business being
transacted.
SECTION 5. FINANCIAL INTERESTS
Any officer, whether elected or appointed, who has a
financial interest in any matter that is pending before, or
that might e considered by, the body of which the officer is
a member shall:
1. disclose such interest to the other members of the
body;
2. refrain from discussing the matter at any time
with any other member of the body of which the
officer is a member or with a member of any other
body that might consider the matter;
3. leave the room during debate or hearing; and
a. refrain from voting on the matter.
SECTION 6. POLITICAL ACTIVITIES OF OFFICERS
(a) In elections other than for City Commission of the
City, a member of the City Commission may not:
1. use the prestige of the member's position with the
City on behalf of a candidate;
2. solicit or receive contributions; or
3. serve as the designated campaign treasurer for a
candidate as required by Chapter 14, Texas
Election Code.
(b) In any election, a member of a City board,
commission, or committee, whether governmental or advisory,
may not:
1. use the prestige of the member's position with the
City on behalf of a candidate;
2. serve as the designated campaign treasurer for a
candidate as required by Chapter 14, Texas
Election Code.
3. personally solicit or receive contributions for a
candidate. A member, however, is not prohibited
from serving on a steering committee to plan a
program of solicitation and listing the member's
name without reference to the office held when the
committee as a whole is listed.
(c) Subsections (a)(1) and (b)(1) do not prohibit a
member of the City Commission or of a board from lending the
member Is name in support of a candidate so long as the
office held with the City is not mentioned in connection
with the endorsement.
SECTION 7. ADDITIONAL EMPLOYMENT
An employee of the City may accept employment from a
public utility corporation enjoying the grant of a
franchise, privilege, or easement from the City if:
1. the employee is to perform the duties of a
security guard for the public utility corporation;
2. the employment is approved by the employee's
department head; and
3. the employment does not conflict with his duties
as an employee of the City.
SECTION 8. RESTRICTIONS ON CONTRACTING WITH THE CITY OR
PROVIDING REPRESENTATION OF OTHERS
(a) An officer or employee in a position that involves
significant reporting, decision -making, advisory, or
supervisory responsibility who leaves the service or
employment of the City may not, within 12 months after
leaving that service or employment, represent any other
person or organization in any formal or informal appearance:
1, before the City concerning a project for which the
person had responsibility as a City officer or
employee; or
2. before any other agency on a project for which the
person had responsibility as an officer or
employee.
(b) A former officer or employee who is subject to the
requirements of Subsection (a) shall, during the 24 months
after leaving the service or employment of the City,
disclose the officer or employee's previous position and
responsibilities with the City when representing any other
person or organization in any formal or informal appearance
before a City agency.
(c) A member of the City Commission or an employee may
not, within 12 months after leaving the service or
employment of the City, either individually or as the
officer or principal of a private business entity:
1. submit a proposal, on behalf of the member or
employee or on behalf of a private business
entity, to make any City contract that is not
required by state law to be competitively bid;
2. negotiate or enter into any City contract
that is not required by state law to be
competitively bid; or
3. have or acquire any financial interest,
direct or indirect, in any City contract that is
not required by state law to be competitively bid.
SECTION 9. LIMITATIONS ON EMPLOYEE POLITICAL ACTIVITY
AND ON THE HOLDING OF ELECTIVE PUBLIC OFFICE
BY AN EMPLOYEE
(a) An employee of the City immediately forfeits
employment with the City if:
1. the employee becomes a candidate for election to
the Taylor City Commission;
2, the employee becomes a candidate for nomination or
election in a partisan election for public office
within Williamson County or in a partisan election
for a public office, the constituency of which
includes all or part of Williamson County;
3. the employee becomes a candidate for nomination or
election to an elective public office where the
holding of that office will conflict with the full
and proper discharge of the employee's duties with
the City; or
4. a managerial or supervisory exempt City employee
becomes a candidate for nomination or election to
an elective public office of an entity having
contractual relations with the City that involve
the employee's department.
SECTION 10. PENALTY FOR VIOLATION OF ARTICLE; APPEALS
(a) The failure of any officer or employee to comply
with this Ordinance or the violation of one or more of the
standards of conduct set forth in this Ordinance, which
apply to him, shall constitute grounds for all legal
remedies provided by law which may include, if permissible,
expulsion, reprimand, censure, removal from office, or
discharge. In the case of a City Commissioner, the matter
shall be decided by a vote of two-thirds of the entire
membership of the City Commission.
(b) The Commission hereby adopts the following
procedures to implement a Censure Policy:
1. Two or more City Commissioners may file a
written notice of censure against another
City Commissioners with the City Clerk. The
written notice shall set forth the
allegation(s) of conduct which the accused
Commissioner shall have allegedly violated.
A copy shall be delivered to all
Commissioners. A written response to the
allegation(s) may be filed by the accused
Commissioner ten (10) days after receipt
thereof. A copy of the notice of censure and
response thereto shall be delivered to each
Commissioner within two (2) days after the
response is filed.
2. On the first regularly called meeting of the
Commission, which complies with the Texas
Open Meetings Act, after the filing of the
notice and response, the City Clerk shall
formally read the notice and response into
the public record. The Commission, by
majority vote, shall thereafter determine
whether or not good cause shall exist to set
a formal hearing on the merits of the notice
of censure or dismiss the allegation(s). If
it is determined, based upon the merits, a
public hearing is required, a public hearing
shall be set on the allegation(s) by the
Commission. A vote to hold a public hearing
shall not be constructed to be a vote of
censure.
3. At a public hearing, the accused City
Commissioner has the right to be represented
by legal counsel and present witnesses
relative to the allegation(s).
4. A public hearing on the allegation(s) and
response shall be held at either a regular or
special called meeting of the City
Commission, which shall be open to the
public.
5. At a public hearing, the City Commission will
hear evidence concerning the notice of
censure. The City Commissioners proffering
the charges shall present evidence in support
of the allegation(s) contained in the notice
of censure. The Commissioner who is the
subject of the censure shall have the
opportunity to present evidence to support
his or her position with respect to the
notice of censure. After receiving evidence
at an open public meeting, the City
Commission shall then take a roll -call vote,
after motion duly made and seconded, two-
thirds of all members of the City Commission
shall be required to sustain the censure of
the Commissioner.
(c) In the case of an employee of the City,
disciplinary action and appeals therefrom shall be in
conformance with procedures established by the City Charter
and personnel rules and regulations.
(d) In the case of members of boards or committees,
the matters shall be decided by a majority vote of the City
Commission.
(e) The decision of the bodies authorized to hear
violations shall be final in the absence of bias, prejudice
or fraud.
Section 11. SEVERABILITY CLAUSE
If any provision of this Ordinance or its application
to any person or circumstances is held invalid for any
reason, the invalidity does not affect any other provisions
or applications of this Ordinance which can be given effect
without the invalid provision or application, and to this
extent the provisions of this Ordinance are declared to be
severable.
Section 12. SAVINGS CLAUSE
An offense committed before the effective date of this
Ordinance is governed by the prior law in effect when the
offense was committed and the former law is continued in
effect for this purpose.
Section 13. REPEALING CLAUSE
All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
INTRODUCED, PA SED, APPROVED and ADOPTED on the first
reading this the day of 1999.
Calvin Janac, airman
Board of Commissioners
ATTEST: D
Ai 1, Z'A;�
arbara S. Belz, City/Clerk
APPROVED AS TO FORM:
'&" "Z
Ted W. Hej1, 'ty Attorney
PASSED, APPROVED and ADOPTED
the 90 day of
ATTEST:
-�
Barbara S. Belz, City/Clerk
APPROVED AS TO FORM:
V uC " h
k.
Ted W. Hejl, ity Attorney
on the second reading this
1999.
Calvin Janak, man
Board of Commissioners
PASSED, APPROVED and ADOPTED on third and final reading
this the Jr/ day of 1999.
Calvin Janak, irman
Board of Commissioners
ATTEST:
�rbara Ste' 1 , C�4Clerk
APPROVED AS TO FORM:
Ted W. Hejl,' ita y Attorney
CERTIFICATE
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
I, Barbara S. Belz, being the current City Clerk of the
City of Taylor, Texas, do hereby certify that the attached
is a true and correct copy of Ordinance No. 99-17, passed
and approved by the City Commission of the City of Taylor,
Texas, on the ql day of August, 1999, and such Ordinance
was duly introduced, passed, approved and adopted at
meetings open to the public and notices of the meetings,
giving the dates, places, and subject matter thereof, were
posted as prescribed by Government Code Section 551.043.
Witness my hand and seal of office this ' day of
August, 1999.
// "0--,
Barbara S. Belz
City Clerk
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