No person related within the second degree by affinity or within the third degree by consanguinity to the mayor or any councilmember or the city manager shall be employed by or contracted with for the city. This shall not apply to the following:
(1) 
Any person employed by the city prior to the person related in the above degree filing to run for elective office or being nominated for an appointment, or
(2) 
Any person who is a seasonal employee or intern of the city.
Equality of rights under state and federal law shall not be denied or abridged with respect to appointment to or removal from any position.
No person who seeks appointment or promotion with respect to any city position shall, directly or indirectly, give, render or pay any money, service, or other valuable thing to any person for, or in connection with, his test, appointment or promotion.
No person shall willfully make any false statement, certificate, mark, rating or report in regard to any test, certification or appointment or attempt to commit any fraud preventing the impartial execution of the personnel provisions, rules and regulations of this Charter.
No person who holds any compensated non-elective city position shall make, solicit or receive any contribution for any candidate for councilmember or mayor, or take part in the management, affairs or political campaign of such candidate. Such person may exercise his or her rights as a citizen to express his or her opinion and cast his or her vote.
(Ordinance 10-02-13 adopted 3/16/2010; Ordinance 10-05-28, sec. 2, ex. B, adopted 5/18/2010)
Any person who willfully engages in and is found in violation of any of the activities prohibited in sections 14.02, 14.03, 14.04 or 14.05 of this article shall be ineligible for appointment or election to a position in the city for a period of five years from that time. If the person is an officer or employee of the city at the time of the violation, he shall immediately forfeit his office or position, if found in violation.
No person who, after notice of any delinquency, shall be in arrears in the payment of taxes or any other liabilities due the city, shall be qualified to hold an appointive or compensative position of the city.
No officer, whether elected or appointed, or any employee, whether full-time or part-time, of the city shall have a substantial financial interest, direct or indirect, in any contract, other than employment contracts, with the city; or have a substantial financial interest, direct or indirect in the sale to the city of any land, materials, supplies or services, except on behalf of the city as an officer or employee, except as allowed by state law. Any willful violation of this section shall constitute malfeasance in office and any officer or employee found guilty thereof shall thereby forfeit his office or position. Any violation of this section with the knowledge, express or implied, of the person or the corporation contracting with the governing body of the city shall render the contract involved voidable by the city manager or the city council shall appoint by the affirmative vote of a majority of the full membership of the city council.
(1) 
A city official shall not solicit, accept or agree to accept any gift or benefit except as authorized in subsection (3) below.
(2) 
For purposes of this section, the words/phrases "city official", "gift", "matter", "official" and "official action" shall have the same definition as set forth in Ordinance No. 09-04-25, as it exists on the effective date of this Charter amendment.
(3) 
It is not a violation of subsection (a) for a city official to accept the following:
(A) 
A gift to a city official 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;
(B) 
Payment by third parties for travel related expenses of a city official previously authorized by the city council;
(C) 
A public award or reward for meritorious service or professional achievement, provided that the award or reward is reasonable in light of the occasion;
(D) 
A loan from a lending institution made in its regular course of business on the same terms generally available to the public;
(E) 
A scholarship or fellowship awarded on the same terms and based on the same criteria that are applied to other applicants;
(F) 
Admission to an event in which the city official is participating in connection with official duties;
(G) 
Lawful campaign contributions;
(H) 
attending social functions, ground breakings, or civic events pertinent to the public relations and operations of the city, including the receipt of a gift commensurate with the occasion;
(I) 
A city official giving or receiving gifts with his family and relatives;
(J) 
A city official giving or receiving gifts at church functions;
(K) 
A city official giving or receiving gifts at city parties;
(L) 
A city official giving or receiving gifts at functions where only city officials and their employees are invited or in attendance;
(M) 
Giving or receiving gifts or receiving a bonus from the city official's place of employment;
(N) 
Admission or ticket(s) (including parking) to a city official to an event held at any venue owned in whole or in part by the city;
(O) 
Reasonable expenses paid by non-profit organizations, the Frisco Community Development Corporation or Frisco Economic Development Corporation for attendance of a city official at a fund raising event or other meeting;
(P) 
Reasonable expenses paid by other governments or governmental entities for attendance of a city official at a convention, fact finding mission or trip or other meeting;
(Q) 
A city official giving or receiving a gift whose value does not exceed $50.00;
(R) 
A city official giving or receiving a gift in excess of $50.00 from a friend, client or customer if it cannot be reasonably inferred that the gift was intended to influence the city official. If the gift is in excess of $50.00 and received within one year of the date the donor, either personally or on behalf of another person or entity, seeks official action from the city in which the city official is in a position to take official action, the city official shall acknowledge the receipt of the gift to the city; immediately refrain from further participation in the matter, including discussions with any persons likely to consider the matter; and remove himself from the dais or area in which the other city officials who are voting on the measure are seated; and
(S) 
A city official giving or receiving a gift from a donor other than a friend, client or customer whose value is greater than $50.00 and less than $250.01 provided the city official complies with the recusal and disclosure process described below:
(i) 
The gift shall be disclosed by the city official who received it to the city secretary within 30 days of receipt of the gift. The disclosure of the gift to the city secretary shall be reported to the public as part of the city secretary's report to the city council at the next available city council meeting. The information to be disclosed to the city secretary is as follows:
(1) 
The date the gift was received and who received it;
(2) 
A description of the gift;
(3) 
The fair market value of the gift at the time of its receipt; and
(4) 
The name, address, phone number and employer of the person or entity who provided the gift.
(ii) 
From the date that the city official knows or should have known that the donor who has made a gift the subject of this subsection was presenting a matter, either personally or on behalf of another person or entity, in which the city official may take official action and such request is within one year from the date of the gift described above, the city official shall:
(1) 
Immediately refrain from further participation in the matter, including discussion with any persons likely to consider the matter; and
(2) 
Remove himself from the dais or area in which the other city officials who are voting on the measure are seated.
(3) 
(Reserved)
(4) 
Application of Chapter 176, Local Government Code, as amended. Notwithstanding any gift to a city official authorized in Section 3(b), a city official shall comply with the requirements of Chapter 176, Local Government Code, as amended.
(5) 
Gifts to closely related persons. A city official shall take reasonable steps to persuade a parent, spouse, child, stepchild, or other relative within the second degree of consanguinity or affinity not to solicit, accept, or agree to accept any gift or benefit which would violate subsection (a) if the official solicited, accepted, or agreed to accept it.
(6) 
Any city official officer or employee of the city who shall violate the provisions of this section shall be guilty of a misdemeanor and may be punished by any fine that may be prescribed by ordinance for this offense, and may forthwith be removed from office or employment.
(Ordinance 10-02-13 adopted 3/16/2010; Ordinance 10-05-28, sec. 2, ex. B, 5/18/2010)