Public service is a public trust, built on respect for all people
requiring that our elected officials obey the law and place ethical
principles above private gain. The public should have confidence in
the integrity of its government. City council persons should be independent,
impartial and responsible to the people. Public office should not
be used for personal gain. Government decisions and policy should
be made within the proper channels of government structure, and citizens
should be kept informed and educated about the issues facing their
city. In recognition of these goals, a code of ethics for the city
council is adopted.
(Ordinance 18-17 adopted 2/20/18)
All members of city council will display behavior that demonstrates
independent, impartial review of all matters addressed by them, and
shall be responsible and respectful to the citizens and to each other
in their relationships.
(Ordinance 18-17 adopted 2/20/18)
When used in this policy, the following terms shall have the
meanings respectively ascribed to them in this section, unless specifically
stated otherwise:
A sole proprietorship, partnership, firm, corporation, holding
company, joint stock company, receivership, trust, or any other entity
recognized by law through which business is conducted.
Includes privileged statements or communications, whether
express or implied, oral or written, between the city officers and
employees and their attorneys, work product of the city attorney or
other attorneys representing the city, its officers and employees,
and city records, documents and other information not subject to public
disclosure or dissemination by law.
Any resident of the United States of America.
Any person related to an employee, officer, or official within
the second degree of consanguinity or affinity and shall include a
spouse, father, mother, brother, sister, son, daughter, grandparent,
grandchild, aunt or uncle.
A person who owns 10 percent or more of the voting stock or
shares of the business entity or owns either 10 percent or more or
$5,000 or more of the fair market value of the business;
Funds received by the person from the business entity exceed
10 percent of the person’s gross income for the previous year;
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; or
A local public employee, officer, or official is considered
to have a substantial interest within this definition if a person
related to the employee, officer, or official in the second degree
by consanguinity or affinity, has a substantial interest as defined
herein.
(Ordinance 18-17 adopted 2/20/18)
Council persons of the city have a special responsibility to
the citizens. They should be dedicated to the highest ideals of honor
and integrity in all public and personal relationships. They should
demonstrate a commitment to the preservation of the values and integrity
of local government, and a dedication to effective, efficient governance.
To further these objectives the following code of ethics shall govern
the city council, who shall:
(1)
Keep
the public informed through compliance with the spirit and intent
of the Public Information Act and the Open Meetings Act of the Texas
Government Code;
(2)
Adhere
to all laws and regulations that provide for equal opportunity for
all citizens and provide city services without regard to race, color,
religion, sex, national origin, age or handicap;
(3)
Refrain
from entering into any activity which may be in conflict with or give
the appearance of conflict with the interests of the citizens or which
would prejudice their ability to carry out objectively their duties
and responsibilities;
(4)
Never
accept or solicit any gift or item of monetary value or promise of
future gift or favor from any person or business entity that is seeking
official action from the city council member;
(5)
Act
impartially and not give preferential treatment to any private organization
or individual or use their position for private gain;
(6)
Disclose,
as a matter of record, any substantial direct or indirect financial
interest in any matter requiring official action, and shall not participate
in any vote or decision on a matter in which they have a direct or
indirect financial interest;
(7)
Ensure
the accuracy and reliability of records and reports essential for
the city’s reputation and ability to meet its obligations and
comply with the law;
(8)
Protect
the privacy of confidential information concerning city functions
and never use such information for personal benefit;
(9)
Protect
and conserve city property and never use it for other than authorized
activities;
(10)
Disclose waste, fraud, abuse, and corruption to appropriate authorities;
(11)
Never ask or direct any other official or employee to violate any
provision of this code of ethics by action or omission; and
(12)
Councilmembers shall not misrepresent themselves, either personally
or as a councilmember, to the public at any time.
(Ordinance 18-17 adopted 2/20/18)
The city council shall establish an ethics commission serving
the city. The city ethics commission will be established according
to the following guidelines:
(1)
Composition.
The commission will be composed of three
(3) members drawn at need from the pool of available candidates and
will be dissolved upon determining the disposition of all complaints
under its review.
(2)
Pool of candidates.
The pool of candidates shall consist
of six (6) residents of the city who apply and are approved. No candidate
may have a substantial business interest with the city, act as a member
of another board or commission for the city, be an employee or elected
official of the city, or be a relative of the above. No candidate
may have been convicted of a felony offense or a crime of moral turpitude.
The commission candidates pool must be approved by two-thirds (2/3)
vote of the full city council. The right of the mayor to vote on commission
appointments is controlled by the city charter. Candidates appointed
to serve will do so for a period of two years. However, in order to
ensure continuity by implementing staggered terms of service, the
appointees shall draw lots so that initially, some members serve an
initial one-year term, and some members will serve an initial two-year
term. Terms thereafter will be two (2) year terms. No person may serve
more than two (2) consecutive two-year terms. A person may be reappointed
after having been off the ethics commission for twelve (12) consecutive
months.
(3)
Removal.
By two-thirds (2/3) majority vote of the full
city council, ethics commission candidates may be removed from the
pool for failure to perform their assigned duties, or for violations
of the provisions of this document. The mayor’s right to vote
on appointment or removal of commission candidates is controlled by
the city charter.
(4)
Officers and quorum.
Each commission will select a chairperson,
who will be responsible for scheduling and presiding over meetings
and hearings for that commission. Meetings and decisions require the
full attendance of the commission.
(5)
Meetings.
Meetings will be called by the chairperson
as required to resolve complaints brought before the commission. Any
member of the commission may call a meeting, provided that reasonable
notice is given to each member, and to any person requesting notice
of commission meetings.
(6)
Compensation.
No member of the commission may receive
a salary, but may be reimbursed for expenses according to city policy.
(Ordinance 18-17 adopted 2/20/18)
(a)
Required.
All complaints or allegations of a violation
of this code of ethics against a councilmember covered by this code
must state:
(b)
Initiation of complaints.
(1)
Complaints may be brought by any person.
(2)
All complaints must be sworn to as true and correct by the complaining
party, before a notary public. The complaining party must be advised
by the city secretary that the statements may be subject to prosecution
for false statement and libel.
(3)
The complaint form (see appendix to Ordinance 18-17) must be filed
of record with the city manager or designee, who will forward a copy
of the complaint within three (3) working days to the party complained
against and the city attorney. Complaints must be filed within one
(1) year of the date of occurrence of the incident, or within ninety
(90) days of discovery, whichever is sooner. The city secretary, city
manager and city attorney or their designee(s) will treat the complaint
as a personnel issue and maintain confidentiality, except as required
to proceed with the disposition of the complaint and as subject to
any other laws.
(c)
Confidentiality.
After a complaint has been filed with
the ethics commission, no member of the commission may communicate
directly or indirectly with the complaining party or the complainant
regarding issues of the complaint, except at a meeting of the ethics
commission. No party to the complaint will communicate directly or
indirectly with any member of the commission regarding issues of the
complaint, except at a meeting of the ethics commission. The names
of the complaining party, party complained against, and the nature
of the complaint will be held confidential until required to be published
by the Open Records and Meetings Acts.
(d)
Preliminary hearing.
(1)
The ethics commission is required to hold a preliminary hearing within
fifteen (15) working days of the date of filing of a complaint with
the city secretary or designee. If the commission is unable to do
so, it must notify the complaining party, city council and the party
complained against of the reasons for the delay. The delay may not
exceed fifteen (15) working days. The preliminary hearing will be
held for the purposes of establishing whether or not the complaint
is validly stated, and whether or not sufficient evidence of a violation
exists to warrant investigation of the complaint. Should the ethics
commission find that the complaint is improperly worded or is insubstantial,
it will provide the complaining party ten (10) working days to resubmit
the complaint. If the complaining party fails to resubmit, or if the
complaint is still found to be insubstantial, the ethics commission
must dismiss the complaint and provide written notification to the
involved parties and city council, city secretary, city manager and
city attorney of its reasons for dismissal. A complaint may not be
refiled on the same issue unless significant new facts are discovered.
(2)
If, during the preliminary hearing, the party complained against
acknowledges that the complaint is valid, the ethics commission will
immediately proceed to determine the severity of the offense and recommend
a public censure as outlined in the sanctions and penalties section.
(e)
Final hearing.
If the complaint is determined to provide
sufficient evidence of a violation to warrant pursuit, the commission
will set a final hearing date to occur within twenty-five (25) working
days of the preliminary hearing. The complainant, party complained
against, city council, city manager, city secretary and city attorney
will be notified in writing within seventy-two (72) hours of setting
a final hearing date. The purpose of the final hearing is to determine
whether a violation of the ethics code occurred, based on a preponderance
of credible evidence in the record. To this end, the commission may
request any applicable public records and sworn testimony from witnesses.
(f)
Disposition.
Findings of the final hearing will state,
in writing, whether a violation occurred, the section of the code
found to have been violated, if any, and the action recommended by
the ethics commission as outlined in the sanctions and penalties section.
Disposition of the complaint made at the final hearing will be submitted
to the city secretary, city manager and city attorney and recorded
within five (5) working days. Copies will be sent to the complainant,
person complained against, city council and city attorney by hand
delivery or registered mail. If requested in writing to the city secretary
by the party complained against, findings will be published in the
official newspaper designated by the city.
(Ordinance 18-17 adopted 2/20/18)
(a)
Sanctions and penalties.
The commission is responsible
for recommending sanctions and penalties in cases where a violation
of the ethics code is found to have occurred.
(b)
Elected officials.
Should the ethics commission find
a violation to have occurred involving a council person, the finding
and recommendations regarding sanctions shall be matters of public
record. The city manager is required to place the ethics commission’s
recommendation on the agenda for the next regularly scheduled council
meeting and, by simple majority, vote to accept or reject the recommendation.
(Ordinance 18-17 adopted 2/20/18)
(a)
Should
the ethics commission find that a violation has not occurred, or that
a determination cannot be made, it must issue a statement dismissing
the complaint. The statement must describe the commission’s
reasons for dismissing the complaint. A complaint may not be re-filed
on the same issue unless significant new facts are discovered.
(b)
If
the ethics commission finds that a violation of the ethics code has
occurred, it shall make a recommendation to the appropriate bodies
defined in the enforcement section, as follows:
(1)
A letter of admonition shall be issued when the violation is minor
and may or may not have been unintentional, but calls for a response.
(2)
A letter of reprimand shall be issued when the ethics commission
finds that a violation has been committed either intentionally or
through disregard of the ethics code.
(3)
A recommendation to call for resignation or forfeiture of the council
persons seat shall be issued if the ethics commission finds that a
serious or repeated violation of the ethics code has been committed
either intentionally or through blatant disregard of the ethics code.
(Ordinance 18-17 adopted 2/20/18)
