(a)
Representation before the city.
A city official shall
not represent any person, group, or entity, other than himself, or
his spouse or minor children, before the city. For the purposes of
this subsection, “before the city” means before the city
council, or a board, commission, or other body appointed by the city
council.
(b)
Representation in litigation adverse to the city.
(1)
Salaried officials.
A paid city official shall not represent
any person, group, or entity, other than himself, or his spouse or
minor children, in any litigation or other adverse proceeding to which
the city is a party, if the interests of that person, group or entity
are adverse to the interests of the city.
(2)
Non-salaried officials.
A non-salaried city official
shall not represent any person, group, or entity, other than himself,
or his spouse or minor children, in any litigation or other adverse
proceeding 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 proceeding is substantially related to the non-salaried city official’s
duties to the city.
(Ordinance 777-2018, sec. 1.01,
adopted 7/24/18)
(a)
Improper access.
A city official shall not use his position
to secure official information about any person or entity for any
purpose other than the performance of the official’s duly authorized
responsibilities.
(b)
Improper disclosure or use.
A city official shall not
publicly disclose confidential government information or use such
information to further or impede anyone’s personal interests.
This rule does not prohibit:
(Ordinance 777-2018, sec. 1.02,
adopted 7/24/18)
A city official 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 lawfully
available to the public.
(Ordinance 777-2018, sec. 1.03,
adopted 7/24/18)
(a)
City
council members’ and board members’ interaction with the
city manager, and others must recognize the lack of authority in any
individual city council member, board member or group of city council
members or board members except when explicitly authorized by the
city council or board.
(b)
City
council members and board members will not make public individual
judgments of the performance of the city manager, his staff, the city
attorney, the city secretary, or the municipal judge except as authorized
by city policy, ordinance, or the city charter.
(c)
City
council members and board members may not attempt to coerce or intimidate
city employees, interfere with city employees’ duties, or otherwise
circumvent the authority of the city manager.
(d)
City
council members and board members shall not communicate in any manner
with any city employee, appointive administrative officer, city volunteer
in active service to a city department, or other person that that
the city manager may directly or indirectly appoint, remove, suspend,
discipline, supervise or otherwise control under the city home rule
charter section 4.01(f) and/or the city personnel policy manual (collectively,
“city personnel”) if such communication is in violation
of this subsection. Communications in violation of this subsection
include communications that relate in any manner, directly or indirectly,
to city business, city operations, city departments, city management,
city services, city finances or investments, city policies, city ordinances,
city regulations, city communications or media, citizen complaints
or communications, public relations, marketing, economic or community
development, grants or incentives, parks, issues involving safety
or security, planning matters, personnel matters, work conditions,
staffing, personal/private affairs or circumstances, facilities, utilities,
real or personal property, land use, annexation, zoning, development,
easements, or any other topic not listed here that involves or could
involve city-related matters (collectively, “staff communications”).
In addition, city council members and board members shall not engage
in any conduct that could potentially result in a violation of city
personnel policy manual section 104.03.3. Notwithstanding the foregoing,
it is not a violation of this subsection if:
(1)
A city council member or a board member is given advance permission
to engage in certain staff communications to the extent provided by
a majority vote of the city council or to the extent provided in writing
by the city manager;
(2)
To the extent permission is provided in writing by the city manager,
a member of the planning and zoning commission communicates with city
planning director as necessary for the member and planning director
to discharge their governmental functions and otherwise transact city
business;
(3)
To the extent permission is provided in writing by the city manager,
a member of the board of adjustment communicates with the city planning
director as necessary for the member and planning director to discharge
their governmental functions and otherwise transact city business;
(4)
To the extent permission is provided in writing by the city manager,
a member of the city economic development corporation, the city community
development corporation, the city housing finance corporation, or
the city public facility corporation communicates with the city economic
development director and/or economic development manager as necessary
for the member and economic development director and/or economic development
manager to discharge their governmental functions and otherwise transact
city business;
(5)
A city council member communicates with city personnel during a publicly
noticed city council meeting in open or closed session in the presence
of the city manager or the city manager’s designee attending
the meeting in the absence of the city manager;
(6)
A board member communicates with city personnel during a publicly
noticed meeting of that board in open or closed session in the presence
of city personnel who have been designated to interact with board
members during such meeting;
(7)
A city council member or board member communicates with city personnel
during an event or function that is open to the public provided that
any such communication relates solely to the purpose or activities
of such event or function;
(8)
A city council member or a board member communicates with city personnel as part of any application or proceeding that any other member of the public may apply for or participate in including but not limited to applications for utility service, development/building permits, payment of bills, proceedings in municipal court, proceedings before the city council or a board; provided, however, that a city council member or a board member must comply with the restrictions under section 2.07.001 and all communications permitted under this subsection must be limited to those related and incident to such an application or proceeding;
(9)
A city council member or a board member exchanges greetings, pleasantries,
“small talk” or other conversation that is unrelated to
any city-related issue; or
(10)
A city council member or a board member requests and receives a written
opinion from the city attorney that the proposed communication does
not violate this subsection provided that the written opinion is obtained
in advance of the communication.
(e)
City
council members and board members are subject to the following listed
provisions of the city personnel policy manual to the same extent
such policies are applicable to city employees and any violation of
any such provision by a city council member or a board member is deemed
to be a violation of this section; section 104.11; section 104.13;
and 104.14.
(Ordinance 777-2018, sec. 1.04,
adopted 7/24/18; Ordinance
930-2021 adopted 8/24/21)
(a)
Violations by other city officials.
A city official
shall not knowingly assist or induce, or attempt to assist or induce,
another city official to violate any provision in this code of ethics.
(b)
Using others to engage in forbidden conduct.
A city
official shall not violate the provisions of this code of ethics through
the acts of another.
(Ordinance 777-2018, sec. 1.05,
adopted 7/24/18)
(a)
A
city official shall not knowingly violate Texas Local Government Code
section 171.001 et seq., as amended and to the extent applicable.
(b)
A
city official shall not knowingly violate Texas Local Government Code
section 176.001 et seq., as amended and to the extent applicable.
(Ordinance 777-2018, sec. 1.06,
adopted 7/24/18)
(a)
A
city official shall not knowingly violate Texas Penal Code section
36.01 et seq., as amended and to the extent applicable.
(Ordinance 777-2018, sec. 1.07,
adopted 7/24/18)
As pertains to the provisions in sections 2.07.001 through 2.07.008, the following definitions shall apply unless the context clearly indicates otherwise:
A board, commission, or committee that is established by
the city and that is not solely an advisory body to the city council.
A “board” includes the board of any type A or type B corporation
created by the city under chapter 501, 504, and/or 505 of the Texas
Local Government Code.
All information held by the city that is not available to
the public under the Public Information Act (chapter 552, Local Government
Code [Government Code], as amended), and any information from a meeting
closed to the public pursuant to the Texas Open Meetings Act (chapter
551, Local Government Code [Government Code], as amended).
Includes the following persons: the mayor; members of the
city council; municipal court judges and magistrates; the city manager;
the city secretary; the city attorney; and members of a board.
Information gathered pursuant to the power or authority of
city.
All forms of communication and personal appearances in which
a person, not acting in performance of official duties, formally or
informally, serves as an advocate for private interest, regardless
of whether the representation is compensated. Lobbying, even on an
informal basis, is a form of representation. Representation does not
include appearance as a fact witness or uncompensated expert witness
in litigation or other similar proceedings.
(Ordinance 777-2018, sec. 1.08,
adopted 7/24/18)
All city officials shall be required to timely obtain all required
training under state law for compliance with the Texas Open Meetings
Act (Texas Government Code section 551.001 et seq.) and/or other applicable
law pertaining to ethics and open government.
(Ordinance 777-2018, sec. 2, adopted 7/24/18)
The gender of the wording throughout this article shall always
be interpreted to mean either sex. All singular words shall include
the plural, and all plural words shall include the singular. All references
to the laws of the state or the Home Rule Charter, ordinances, or
resolutions of the city shall mean “as presently enacted or
hereafter amended.”
(Ordinance 777-2018, sec. 3, adopted 7/24/18)
Any person, whether or not a city official, who knowingly and willfully violates any portion of this article 2.07 is subject to a fine in accordance with the general penalty provided in section 1.01.009 of this code. In addition, if the city council finds that a person has violated any portion of this article 2.07, the city council may by a vote of at least five (5) city council members: (1) publicly censure the violator; (2) require that the violator pay a civil fine in an amount up to $500.00 per violation; and/or (3) require the violator to forfeit their office or membership. In the event a violator is required to forfeit their office or membership under this section, the violator is not eligible to run for city council or any board until the expiration of five (5) years after such forfeiture. Upon any such forfeiture, the violator’s office or membership shall be deemed vacant and shall be filled by applicable law.
(Ordinance 777-2018, sec. 4, adopted 7/24/18; Ordinance adopting 2019 Code; Ordinance 930-2021, sec. 3, adopted 8/24/21)
