(a)
General policy statement.
It is the policy of the city
that all city officials shall conduct themselves both inside and outside
the city’s service so as to give no occasion for distrust of
their integrity, impartiality or devotion to the best interest of
the city and the public trust which the city holds.
(b)
Appearance of impropriety.
Public service is a public
trust. All city officials are stewards of the public trust. They have
a responsibility to the citizens of the city to administer and enforce
the city charter and city ordinances. To ensure and enhance public
confidence in city government, each city official must strive not
only to maintain technical compliance with the principles of ethical
conduct set forth in this article and in state law, but also to avoid
the appearance of impropriety at all times.
(c)
Purposes.
This code of ethics has five purposes:
(1)
To encourage ethical conduct on the part of city officials;
(2)
To encourage public service with the city;
(3)
To establish standards for ethical conduct for city officials by
defining and prohibiting conduct that is incompatible with the interests
of the city;
(4)
To require disclosure by city officials of their economic interests
that may conflict with the interests of the city; and
(5)
To serve as a basis for disciplining those who fail to abide by its
terms.
(d)
Intention.
This code of ethics is not intended to be
used as a political weapon or to intimidate or embarrass affected
persons. The officials charged with administration of this code of
ethics shall administer it in a manner that avoids any such use of
this code of ethics.
(Ordinance O-12-19 adopted 10/15/19)
(a)
This
article shall be known as the code of ethics.
(b)
This
code shall apply to all officials as defined in this article.
(c)
This
code of ethics does not apply to employees, including those individuals
employed on a full-time, part-time or internship basis nor to independent
contractors of the city. The standards of conduct for employees are
governed by the city’s personnel policies.
(d)
This
code of ethics applies to members of the city council, all city boards,
committees or commissions as defined in this article.
(e)
This
code of ethics applies to the conduct or actions of public officers,
as defined in this article which occurs in whole or in part after
the date of adoption of this article.
(f)
This
code of ethics applies to officers only while such persons hold such
position or office.
(Ordinance O-12-19 adopted 10/15/19)
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this article, except where
the context clearly indicates a different meaning:
Anything reasonably regarded as pecuniary gain or pecuniary
advantage, including any money, real or personal property, purchase,
sale, lease, contract, option, credit, loan, discount, service or
other tangible or intangible thing of value. Benefit includes a pecuniary
gain or pecuniary advantage to any other person in whose welfare the
beneficiary has a direct and substantial interest.
A sole proprietorship, partnership, firm, corporation, holding
company, joint-stock company, receivership, trust, unincorporated
association, or any other entity recognized by law, including a nonprofit
organization or governmental entity.
Includes a legal or equitable interest in real property,
personal property, or intangible property, or a contractual right.
Service by a city official as an officer, director, advisor, or other
active participant in a nonprofit educational, religious, charitable,
fraternal, or civic organization does not create for that city official
an economic interest in the property of the organization. Ownership
of an interest in a mutual or common investments fund that holds securities
or other assets is not an economic interest in the securities or other
assets unless the person in question participates in the management
of the fund.
Any person employed by the city, whether under civil service
regulations or not, including those individuals on a part-time basis,
but not including any independent contractor.
The spouse, children, brothers, sisters and parents of an
officer or employee.
The mayor or any member of the city council and any appointive
member of a city board, commission or committee established by ordinance,
charter or state law on a permanent basis.
(Ordinance O-12-19 adopted 10/15/19)
(a)
General rule.
It is unlawful for a city official to
take any official action that he or she knows is likely to:
(1)
Affect an economic interest of:
(A)
The official;
(B)
His or her immediate family member;
(C)
A member of his or her household;
(D)
An outside employer of the official or of his or her immediate family
member;
(E)
A business entity in which the official or his or her immediate family
member holds an economic interest;
(F)
A business entity for which the city official serves as an officer
or director or in any other policy making position; or
(G)
A person or business entity from whom the official or his or her
immediate family member, has solicited, received and not rejected,
or accepted an offer of employment within the past twelve months;
or
(2)
Confer a benefit on the official, or deprive the official of a benefit,
where the effect of the action on the official is distinguishable
from the effect of the action on members of the public in general
or a substantial segment of the public.
(b)
Meaning of “affect”.
(1)
In subsection (a)(1) above, an action is likely to affect an official’s economic interest if it meets all of the following:
(A)
The action is likely to have an effect on that interest, either positive
or negative, that is distinguishable from its effect on members of
the public in general or a substantial segment of the public.
(B)
The effect of the action on that interest is direct, and not secondary
or indirect. However, the action need not be the only producing cause
of the effect in order for the effect to be direct.
(C)
The effect on the interest must be more than insignificant or de
minimis in nature or value.
(2)
In determining whether a person, entity or property is or was affected
by vote or decision, it will not be necessary to prove the actual
existence or occurrence of an economic effect or consequence if the
effect or consequence would be reasonably expected to exist or occur.
(c)
Recusal and disclosure.
A city official whose conduct would otherwise violate subsection (a), or a state conflict of interest law, if he or she took an action must abstain from participation in the action in accordance with the following:
(1)
Immediately refrain from further participation in the matter, including
discussions with any persons likely to consider the matter, from the
time he or she discovers ore reasonably should have discovered the
matter triggering the recusal;
(2)
Promptly file a form for disclosing the nature and extent of the
interest triggering the recusal with the city secretary; and
(3)
Promptly disclose the interest triggering the recusal, if the person
is a member of a city board or commission, to other members of the
board or commission, and leave the room in which the board or commission
is meeting during the board or commission’s discussion of, or
voting on, the matter.
(Ordinance O-12-19 adopted 10/15/19)
(a)
Representation and appearance at meetings.
(1)
No city officer shall knowingly:
(A)
Appear before the body of which the officer is a member as a representative
for any private person, including the officer or any immediate family
member, or any group or interest;
(B)
Represent, directly or indirectly, any private person, including
the officer or any immediate family member, or any group or interest
in any action or proceeding against the interests of the city or in
any litigation in which the city or any department, agency, commission
or board thereof is a party;
(C)
Accept other employment or engage in outside activities incompatible
with the full and proper discharge of city duties or that might impair
independent judgment in the performance of city duties;
(D)
make a false statement of material fact at a public meeting.
(2)
This subsection shall not be construed to deprive an officer of the
right to due process under the law, including the right to represent
himself/herself in a court proceeding.
(b)
Representation by councilmembers.
No city council member
shall knowingly represent any private person, including the city council
member or any immediate family member, or any group or interest in
any matter before any department, agency, commission or board of the
city, except that city council members may represent their interests
in their owner-occupied homesteads before a board, agency, commission
or department of the city other than the city council.
(c)
Representation in municipal court.
In any action or
proceeding in the municipal court which is instituted by a city officer
in the course of official duties:
(1)
No city council member shall knowingly represent any private person
other than himself or herself. If a city council member elects to
have a trial in municipal court, the city council, without the participation
of the affected city council member, will appoint a special judge
to preside over the trial.
(2)
No city officer shall knowingly represent any private person other
than himself or herself, including any immediate family member, or
any group or interest.
(d)
Representation in land use and development matters.
A member of the planning and zoning commission shall not knowingly
represent the member or any other person, group or interest in any
matter before the development regulation variance board involving
land use or development, and a member of the development regulation
variance board shall not knowingly represent the member or any other
person, group or interest in any matter before the planning and zoning
commission involving land use or development. This subsection does
not apply to members representing their interests in their owner-occupied
homesteads.
(e)
Prohibited use of city position.
A city official shall
not use his or her 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
the official may provide an advantage or impediment to the person
based on the official’s office or position violates this rule.
(Ordinance O-12-19 adopted 10/15/19)
(a)
No
member of the city council shall have a financial interest in the
sale to the city of any land, materials, supplies or service, outside
of the person’s position with the city. Any person having an
interest shall be ineligible for election as a city council member,
and any city council member who acquires an interest shall forfeit
the office. Any violation of this subsection with the actual or constructive
knowledge of the city council member shall render the contract voidable
by the city manager or the city council.
(b)
In this section 1.23.006, the term “sale to the city” includes a sale to city-sponsored entities and organizations subject to substantial control by the city in one or more of the following respects:
(1)
All or a majority of the governing body of the entity or organization
is appointed by the city council;
(2)
The city provides more than one-half of the operating funds of the
entity or organization;
(3)
The city has approval authority over purchasing decisions made by
the entity or organization;
(4)
The city has approval authority over bonds or other indebtedness
issued by the entity or organization; or
(5)
The city has approval authority over the budget of the organization.
(c)
This
article does not apply to acquisition of property by the city as a
result of eminent domain proceedings or the threat of eminent domain
proceedings
(Ordinance O-12-19 adopted 10/15/19)
No former city officer or official shall, for a period of one
year from the date of leaving office knowingly represent, directly
or indirectly, any private person or any group or interest in any
action or proceeding against the interests of the city or in any litigation
in which the city or any department, agency, commission, or board
thereof is a party.
(Ordinance O-12-19 adopted 10/15/19)
An ethics review commission is established, to be composed of
seven members, all of whom will reside in the city. Members of the
commission will be appointed by a majority vote of the city council
for staggered three-year terms and will serve until their respective
successors are appointed.
(Ordinance O-12-19 adopted 10/15/19)
The ethics review commission each year will elect from its membership
its chairperson and will promulgate its own rules and regulations
as to its forms and procedures and maintain proper records of its
opinions and proceedings.
(Ordinance O-12-19 adopted 10/15/19)
(a)
Review and recommendations.
The ethics review commission
will meet at least once a year to review this article and may make
recommendations to the city council.
(b)
Hearings.
The ethics review commission shall consider and conduct hearings on complaints of violations of this article and of state conflict of interest laws in accordance with section 1.23.011.
(c)
Advisory opinions.
The commission shall render advisory
opinions on potential conflicts of interest or violation of this article
at the request of a public official, subject to the terms of this
article. The opinion must relate to an action proposed to be taken
by the person requesting the opinion.
(d)
Opinions binding.
Any advisory opinion rendered by the
commission to a person is binding on the commission in any subsequent
complaint concerning the person about whom the opinion was requested
and who acted in reliance on it in good faith, unless material facts
were omitted or misstated by the person in connection with the opinion.
(Ordinance O-12-19 adopted 10/15/19)
(a)
Complaint procedure.
(1)
Any officer, official, or employee of the city who believes an official
has violated a provision of this article or a state conflict of interest
law may file a written complaint with the city attorney. The complaint
must:
(A)
Identify the complainant and the person who allegedly committed the
violation;
(B)
Provide a sufficient statement of the facts which if true would constitute
a prima facie violation of a provision of this article or a state
conflict of interest law;
(C)
Specify the provision of this article or a state conflict of interest
law 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 commission.
(2)
The city attorney will acknowledge the receipt of the complainant
and provide a copy of the complaint to the commission and to the person
accused.
(b)
Review of complaints by commission.
(1)
The commission shall review each complaint prior to conducting a
hearing to determine whether the complaint is in proper form and alleges
sufficient facts to constitute a prima facie violation of a provision
of this article or a state conflict of interest law.
(2)
If the commission determines that the complaint is defective in form
or does not allege sufficient facts to constitute a prima facie violation
of a provision of this article or a state conflict of interest law,
the commission shall dismiss the complaint, and provide notice, including
the reasons for the dismissal, to the complainant and to the person
accused.
(3)
If the commission determines that the complaint is in proper form
and alleges sufficient facts to constitute a prima facie violation
of a provision of this article or a state conflict of interest law,
the commission shall schedule a hearing on the complaint.
(c)
Hearings.
(1)
The commission will adopt rules of procedure to govern hearing on
complaints. The rules will allow for the presentation of evidence
by the complainant and the person accused, and cross examination of
witnesses.
(2)
The chair of the commission or any person acting in that capacity,
and the recording secretary of the commission, are authorized to administer
oaths to persons who testify at hearings conducted by the commission.
(d)
Ex parte communications.
It is unlawful for a person
who has filed a complaint alleging a violation of this article or
a state conflict of interest law by a city officer, or a person against
whom such a complaint has been filed, to communicate verbally or in
writing about the subject matter of the complaint with a member of
the ethics review commission at any time other than during a public
meeting of the commission. All such communications by such persons
to the commission outside of a public meeting of the commission must
be directed to the city attorney. The city attorney will collect all
such communications and provide them to the commission with the agenda
materials for the meeting at which the complaint is considered. The
city attorney will make copies of these communications available to
interested persons in accordance with state law.
(e)
Sanctions.
If the commission determines at the conclusion
of a hearing that a violation has occurred, it may impose or recommend
any of the following sanctions:
(1)
A letter of notification, if the violation is clearly unintentional,
or when the official’s action was made in reliance on a written
opinion of the city attorney. A letter of notification shall advise
the official of any steps to be taken to avoid future violations.
(2)
A letter of admonition, if the commission finds that the violation
is minor and may have been unintentional, but calls for a more substantial
response than a letter of notification.
(3)
A reprimand, if the commission finds that the violation:
(4)
A recommendation of suspension from office, if the commission finds
that the violation:
(A)
was serious and that was committed knowingly, intentionally or in
disregard of this article or a state conflict of interest law; or
(B)
was minor but similar to a previous violation by the person, and
was committed knowingly, intentionally or in disregard of this article
or a state conflict of interest law.
A recommendation of suspension of an official appointed by the
city council shall be transmitted to the city council, and the council
will have final authority on whether to impose a suspension.
(5)
A recommendation for recall or removal from office, if the commission
finds that the violation was serious and was committed knowingly,
intentionally or in disregard of this article or a state conflict
of interest law. A recommendation for recall of a city council member
or removal of an official appointed by the city council will be forwarded
to the city council.
(Ordinance O-12-19 adopted 10/15/19)
An independent outside attorney approved by the city council,
who does not otherwise represent the city, shall be retained to serve
as special counsel to the ethics review commission in the following
situations:
(1)
When
a complaint is filed alleging that the mayor or a member of the city
council, or the city manager or city secretary violated this article
or a state conflict of interest law.
(2)
When an advisory opinion is requested under section 1.23.010(c) by the mayor or a member of the city council, or by the city manager or the city secretary.
(Ordinance O-12-19 adopted 10/15/19)
The penalties prescribed herein do not limit the power of the
city council to discipline its members for violations of this article,
the home rule charter, any ordinance of the city, or a state conflict
of interest law.
(Ordinance O-12-19 adopted 10/15/19)
In this section:
A member of a board or commission whose membership is wholly
appointed by the city council.
A corporation, partnership, sole proprietorship, firm, holding
company, joint stock company, receivership, trust or any other entity
organized for profit.
Every person who declares for or files for any city office
to be filled by election.
Any benefit received in return for labor, services, property
or investment.
The spouse and any dependent children of any official or
candidate.
A benefit received other than as compensation, but not including
campaign contributions reported as required by state law.
For an individual, the person’s name, street address,
city and state. For any entity other than an individual, the term
“identification” means the name, address, city and state
of the entity’s principal location or place of business; the
type or nature 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 officers of the entity.
A benefit received.
Any business entity, employment, investment or activity which
earned or produced income, including interest, dividends, royalties
or rents.
(Ordinance O-12-19 adopted 10/15/19)
(a)
Between
March 15th and April 30th of each year, every city council member,
and the city manager and city secretary shall file a sworn financial
disclosure statement with the city secretary reflecting the financial
situation of the official as of December 31st of the previous year
and the official’s financial activity between January 1st to
December 31st of the previous year.
(b)
A
newly elected city council member and a newly appointed city manager,
or city secretary shall file a sworn financial disclosure statement
with the city secretary within 30 days from the date the position
is assumed. The statement shall reflect the financial condition as
of the date and financial activity for the previous 12 months.
(c)
A
candidate for city council shall file a sworn statement with the city
secretary not later than ten days from the date the candidate files
with the city secretary an application to be placed on the official
ballot. This statement shall include:
(1)
A list of any financial interest the person has, direct or indirect,
in real property located within the corporate limits or within the
extraterritorial jurisdiction of the city.
(2)
A list of any financial interest the person has, direct or indirect,
in any business entity located in the city or its extraterritorial
jurisdiction or any business entity doing business with the city.
(3)
The financial interests listed by the person shall include those
held at any time during the 12 months preceding the date of filing
for office and shall include any interest held by the candidate or
a family member of the candidate.
(d)
All
board members shall file a disclosure statement with the city secretary
within 30 days after their initial appointment, and thereafter between
October 1st and October 31st of each year, regarding their relevant
substantial interests in business entities and real property during
the 12-month period preceding the date of the statement. The statement
shall be on a form provided by the city. For purposes of this section,
the term “business entity” and the determination of substantial
interests in business entities and real property shall be as defined
and determined under Texas Local Government Code chapter 171.
(e)
Any
person filing a statement required by this section may include additional
time periods.
(Ordinance O-12-19 adopted 10/15/19)
(a)
Every person required to file a financial disclosure statement under section 1.23.015(a) or (c) 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 family members do business.
(2)
Identification of each source of income amounting to more than $100.00
received in the reporting periods 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 transaction, and identification
of the other parties to the transaction.
(3)
Identification of each business entity, nonprofit entity or union
in which the person or family member:
(A)
Was a partner, manager, officer, member of the board of directors,
proprietor or beneficiary, during the reporting period, stating the
position held; or
(B)
Had an ownership interest of more than $100.00 at the fair market
value at any time during the reporting period, stating the value and
a description of that ownership interest; provided that, 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 of the
net gain or loss realized from the sale.
(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:
(A)
Fee 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 per cent of
a corporation that has title to the real property, naming the corporation;
or
(F)
A leaseholder, naming the person or corporation from whom the property
is leased and the amounts of annual rental.
The form shall note whether the person claims a homestead exemption
on any real property owned by the person.
(5)
Identification of persons, business entities or guarantors to whom
the person or a family member owed a debt of more than $100.00 during
the reporting period, stating the amount, 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 this debt was repaid during the reporting
period, the date and amount of repayment shall also be stated.
(6)
Provided this information is not privileged by law, identification
of persons, entities or guarantors who owed the person or a family
member a debt of more than $100.00 during the reporting period, stating
the amount, including all bonds, notes and other commercial paper
held or owed 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 or affinity. If this debt
was repaid during the reporting period, the date and amount of repayment
shall also be stated.
(7)
Identification of the source of each gift or accumulation of gifts
from one source of more than $100.00 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:
(8)
Provided this information is not privileged by law, if the person
filing the statement is the owner of five per cent or more of any
business entity, the person shall list all customers from whom the
entity received at least ten per cent of its 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 a utility or franchise customer or patron, stating
the nature and amount of interest and transaction, including transactions
by any family member and any business entity in which the person filing
the statement has an ownership interest of five per cent or more.
(b)
Except for the identification of transactions and amounts required by subsection (a)(9) of this section, any amount required to be reported under subsection (a) of this section may be reported by categories as follows:
(1)
Category I.
At least $100.00 but less than $10,000.00;
(2)
Category II.
At least $10,000.00 but less than $20,000.00;
or
(3)
Category III.
At least 20,000.00 but less than $50,000.00.
(4)
Category IV.
At least $50,000.00 but less than $75,000.00;
(5)
Category V.
At least $75,000.00 but less than $100,000.00;
and
(6)
Category VI.
$100,000.00 or more, report to nearest
$100,000.
(Ordinance O-12-19 adopted 10/15/19)
(a)
The city secretary shall maintain all statements required to be filed with the city clerk under section 1.23.015 as public records and shall retain them for a period of three years, after which the statements will be returned to the person filing them or will be destroyed.
(b)
The
financial disclosure statement file maintained by the city secretary
under this section shall be kept in alphabetical order for each year
in which statements are filed. This file is open to public inspection
during normal hours. The city secretary shall maintain a list of all
persons requesting to inspect these files, identifying the files inspected.
(Ordinance O-12-19 adopted 10/15/19)
Financial disclosure statements shall be filed on the form promulgated
by the city secretary. The city secretary will provide a form to any
person requesting one and not less than ten days before the last day
set for filing a statement by any person, shall send a form to the
person.
(Ordinance O-12-19 adopted 10/15/19)
