No person related within the second degree by affinity or within
the third degree by consanguinity to the Mayor or any Council Member
or the City Manager may be employed by or contracted with for the
City. This does not apply to:
Equality of rights under state and federal law must 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 may, directly or indirectly, give, render or pay
any money, service, or other valuable thing to any person for, or
in connection with, his or her test, appointment or promotion.
No person may 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
may make, solicit or receive any contribution for any candidate for
public office in the City, 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.
Any person who willfully engages in and is found in violation of any of the activities prohibited in Sections 14.01, 14.02, 14.03, 14.04 or 14.05 of this Article is ineligible for appointment or election to a position in the City for a period of ten years from that time. If the person is an officer or employee of the City at the time of the violation, he or she must immediately forfeit his or her office or position, if found in violation.
(Ordinance 764-2018, sec. 2.4 (prop.
C), sec. 2.5 (prop. D), adopted 2/13/18, approved
at election of 5/5/18)
No person who, after notice of any delinquency, is in arrears
in the payment of taxes or any other liabilities due the City, is
qualified to hold an appointive or compensative position with the
City.
(a)
No officer, whether elected or appointed, or any employee, whether
full or part-time, of the City may 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.
(b)
Any willful violation of this Section constitutes malfeasance in
office and any officer or employee found guilty of malfeasance in
office must immediately forfeit his or her 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 renders the contract involved voidable by the City Manager
or the City Council.
(a)
No officer or employee of the City may:
(1)
accept or solicit any gift, favor, or service that might reasonably
tend to influence the officer or employee in the discharge of official
duties or that the officer or employee knows or should know is being
offered with the intent to influence the officer’s or employee’s
official conduct;
(2)
accept other employment or engage in a business or professional activity
that the officer or employee might reasonably expect would require
or induce the officer or employee to disclose confidential information
acquired by reason of the official position;
(3)
accept other employment or compensation that could reasonably be
expected to impair the officer’s or employee’s independence
of judgment in the performance of the officer’s or employee’s
official duties;
(4)
make personal investments that could reasonably be expected to create
a substantial conflict between the officer’s or employee’s
private interest and the public interest; or
(5)
intentionally or knowingly solicit, accept, or agree to accept any
benefit for having exercised the officer’s or employee’s
official powers or performed the officer’s or employee’s
official duties in favor of another.
(b)
Except as prohibited in this Section, no officer or employee is prohibited
from:
(1)
attending social functions, ground breakings, or civic events pertinent
to the public relations and operations of the City;
(2)
exchanging gifts with his or her family and relatives;
(3)
receiving campaign contributions as provided for in the Texas Election
Code;
(4)
exchanging gifts at church functions or City parties or functions
where only City officers and employees and their families are invited
or attend; or
(5)
exchanging gifts or receiving a bonus from his or her place of full-time
employment.
(c)
Any officer or employee of the City who violates the provisions of
this Section is guilty of a misdemeanor and may be punished by any
fine that may be prescribed by ordinance for this offense, and may
immediately be removed from office or employment.
