Accepting a position as a public official carries with it the
acceptance of trust that the official will work to further the public
interest. Maintaining that public trust is critical to the continued
operation of good government. In addition, public decision-making
should be open and accessible to the public at large. To preserve
this public trust, there are five (5) principles to which public officials
should adhere:
(1)
A
public official should represent and work towards the public interest
and not towards private/personal interests.
(2)
A
public official should accept and maintain the public trust (i.e.,
must preserve and enhance the public’s confidence in their public
officials).
(3)
A
public official should exercise leadership, particularly in the form
of consistently demonstrating behavior that reflects the public trust.
(4)
A
public official should recognize the proper role of all government
bodies and the relationships between the various government bodies.
(5)
A
public official should always demonstrate respect for others and for
other positions.
(1978 Code, sec. 2-501)
For the purpose of this article, the following words and phrases
shall have the meanings ascribed to them by this section:
A board, commission or committee of the city that functions
only in an advisory or study capacity.
A sole proprietorship, partnership, firm, corporation, association,
holding company, joint stock company, receivership, trust, or any
other entity recognized by law.
Any person employed by the city, including those individuals
on a part-time basis, but such term shall not be extended to apply
to any independent contractor.
A person acts knowingly, or with knowledge, with respect
to the nature of his or her conduct or to circumstances surrounding
his or her conduct when he or she is aware of the nature of his or
her conduct or that the circumstances exist. A person acts knowingly,
or with knowledge, with respect to a result of his or her conduct
when he is aware that his or her conduct is reasonably certain to
cause the result.
Any member of the city council, the planning and zoning commission,
or the board of adjustment, and any member of a board, commission
or committee established by ordinance, charter or state law that has
final approval authority over any application, permit, license or
other city approvals; provided, no member of an advisory board shall
be deemed an officer of the city.
A person has a substantial interest in a business entity if:
The interest is ownership of ten (10) percent or more of the
voting stock or shares of the business entity or ownership of either
ten (10) percent or more or five thousand dollars ($5,000.00) or more
of the fair market value of the business entity (see V.T.C.A., Local
Government Code section 171.002);
Funds received by the person from the business entity exceed
ten (10) percent of the person’s gross income for the previous
year (see V.T.C.A., Local Government Code section 171.002);
The person holds a position of member of the board of directors
or other governing board of the business entity;
The person serves as an elected officer of the business entity;
The person is an employee of the business entity;
The person is a creditor, debtor or guarantor of the business
entity in the amount of five thousand dollars ($5,000.00) or more;
or
Property of the person has been pledged to the business entity
or is subject to a lien in favor of the business entity in the amount
of five thousand dollars ($5,000.00) or more.
A person does not have a substantial interest in a business
entity if:
The person has been designated by the city council to serve
as a member of the board of directors or other governing board of
a business entity;
The person receives no remuneration, either directly or indirectly,
for his or her service on such board; and
The primary nature of the business entity is either charitable,
nonprofit or governmental.
A person has a substantial interest in real property if the
interest is an equitable or legal ownership interest with a fair market
value of two thousand five hundred dollars ($2,500.00) or more (see
V.T.C.A., Local Government Code section 171.002).
A person has a substantial interest under this article if the
person’s spouse or a person related to the person in the first
degree by consanguinity or affinity has a substantial interest under
this article (see V.T.C.A., Local Government Code section 171.002).
A person is related in the first degree of consanguinity to his or
her father, mother, brother, sister, son or daughter. A person is
related in the first degree by affinity to his or her father-in-law,
mother-in-law, brother’s spouse, sister’s spouse, son-in-law
or daughter-in-law.
(1978 Code, sec. 2-502)
No city officer, employee or advisory board member shall directly
or indirectly (i.e., by others on his/her behalf or at his/her request
or suggestion):
(1)
Engage
in any private business, transaction or employment, or have any substantial
interest therein, which is incompatible or in conflict with the proper
and impartial discharge of his/her duties on behalf of the city;
(2)
Represent
any private party before the public body on which the official sits
or over which the official has appointment or budgetary powers;
(3)
Disclose
without authorization, or use to further a personal interest, confidential
information acquired in the course of official duties;
(4)
Grant
or influence the granting of any special consideration, advantage
or favor to any person, group, firm or corporation, beyond that which
it is the general practice to grant or make available to the public
at large;
(5)
With
the exception of occasional, non-pecuniary gifts, accept anything
of economic value such as money, service, gift, loan, gratuity, favor
or promise thereof the purpose and intent of which is to influence
any such official of the city in the exercise of his/her official
judgment, power or authority;
(6)
Make
personal use of staff, vehicles, equipment, materials or property
of the city except in the course of his/her official duties or as
duly authorized by the proper city official, employee or advisory
board member;
(7)
Participate
in the appointment, vote for appointment, or discussion of any appointment
of an immediate family member or business associate, or use his/her
position, directly or indirectly, to effect the employment status
of an immediate family member or business associate to any city office
or position, paid or unpaid; or
(8)
Receive
or have any financial interest in any sale to the city of any real
estate when such financial interest was received under circumstances
which would lead a reasonable person to expect that the city intended
to purchase, condemn or lease said real estate.
(1978 Code, sec. 2-503)
In any quasi-judicial matter (e.g., personnel decisions, condemnation
proceedings, zoning rules, matters involving the issuance of a permit
or approval), or the award of a contract, before a city council, board,
commission or committee, a public official sitting on such council,
board, commission or committee shall not, outside of that council,
board, commission or committee, communicate with or accept a communication
from a person for which there are reasonable grounds for believing
to be a party to the matter being considered, if such communication
is designed to influence the official’s action on that matter.
If such communication should occur, the public official shall disclose
it at an open meeting of the council, board, commission or committee
prior to its consideration of the matter.
(1978 Code, sec. 2-504)
Whenever a matter comes before the city council, or a board, commission or committee, as to which any conflict of interest standard, as described in section 1.05.003, applies to one (1) of its members, the following provisions shall apply:
(1)
A
city officer, employee or advisory board member shall disclose the
existence of any substantial interest in a business entity or real
property involved in any decision pending before such officer, employee
or advisory board member or the body of which the official is a member.
To comply with this subsection, a city officer or advisory board member
shall, prior to any discussion or determination of the matter, either
file an affidavit of disclosure as required by V.T.C.A., Local Government
Code section 171.004 or, if not so required, shall publicly disclose
in the official records of the body or to the city secretary the nature
of the interest. To comply with this subsection, a city employee shall
notify his or her superior in writing of the nature of any substantial
interest he or she may have in a business entity or real property
that would be affected by an exercise of discretionary authority by
the city employee and such superior shall assign the matter to another
employee.
(2)
Following
such disclosure, such public official shall not participate in any
consideration, discussion or vote on the matter before the council,
board, commission or committee. If the official wishes to address
the issue at an open public meeting, the official may participate
as a member of the public. During deliberation and vote on the matter,
the official may participate as a member of the public. The official
may attend an executive session to discuss the matter at the invitation
of the council, board, commission or committee, if such attendance
complies with the statutory requirements of the Open Meetings Act.
(3)
The
public official shall not, during any part of the council, board,
commission or committee meeting pertaining to the matter requiring
the disclosure, represent, advocate on behalf of, or otherwise act
as the agent of the person or business entity in or with which the
official has such an interest or relationship.
(4)
The
foregoing shall not be construed as prohibiting the official from
testifying as to factual matters at a hearing of the city council,
planning and zoning commission, economic development corporation,
or any other board, commission or committee.
(1978 Code, sec. 2-505)
(a)
Where
any officer, employee or advisory board member has a doubt as to the
applicability of any provision of this article to a particular situation,
or as to the definition of terms used in this article, he or she may
apply to the city attorney for an advisory opinion. The officer, employee
or advisory board member shall have the opportunity to present his
or her interpretation of the facts at issue and of the applicability
of provisions of the article before such advisory opinion is made.
(b)
Until
amended or revoked, any advisory opinion shall be binding on the city,
the city council, and the city attorney in any subsequent actions
concerning the public officer, employee or advisory board member who
sought the opinion and acted on it in good faith, unless material
facts were omitted or misstated in the request for the advisory opinion.
Such opinion shall not be binding in any action initiated by any private
citizen.
(1978 Code, sec. 2-506)
(a)
The
city council shall have the primary responsibility for the enforcement
of this article. The city council may direct the city attorney to
investigate or prosecute any apparent violation of this article or
it may employ or appoint any qualified attorney to investigate or
prosecute any violation or series of violations of this article by
one (1) or more persons. At the direction of the city council, the
attorney shall have the power to investigate any complaint, to initiate
any suit, and to prosecute any action on behalf of the city where
such action is appropriate.
(b)
Any person who believes that a violation of any portion of this article has occurred may file a complaint with the city council, who may then proceed as provided in subsection (a) of this section. However, nothing in this article shall be construed to prevent complainants from instituting direct legal action through the appropriate judicial authority.
(1978 Code, sec. 2-507)
(a)
If
the city attorney finds merit to the reported ethics violation and
the measure does not call for prosecution through criminal or civil
court, the council may use an ethics commission to provide a recommendation
on the question of if and what level of discipline should be applied
to the offending officer or advisory board member.
(b)
The
city ethics commission will consist of five (5) members, all of whom
shall serve without compensation. The five-member commission shall
be chosen by the city council in a manner that ensures fair and unbiased
representation from members of the general public who have no connection
with the person under investigation nor with the facts. The city attorney
shall furnish the ethics commission whatever legal assistance necessary
in carrying out its functions. The ethics commission shall select
one (1) of its members as a chairman, and a secretary, who need not
be a member.
(c)
The
ethics commission will report their recommendation for disposition
to the city council.
(d)
During
all stages of any investigation or proceeding conducted under this
section, the person whose activities are under investigation shall
be entitled to be represented by counsel of his own choosing.
(e)
The
person under investigation or his representative shall have an adequate
opportunity to examine all documents and records to be used at the
hearing at a reasonable time before the date of the hearing as well
as during the hearing, and to bring witnesses, establish all pertinent
facts and circumstances and question or refute any testimony or evidence.
(f)
Upon
conclusion of the hearing, the commission shall file its recommendation
within five (5) days in writing signed by all participating commission
members and refer the matter to the city council for its consideration.
(1978 Code, sec. 2-508)
(a)
Except
where otherwise provided by state law, it is not the intent of this
article that violations thereof be subject to criminal penalties.
(b)
Whenever
the city council has determined that any officer or advisory board
member has violated any provision of this article, such officer or
advisory board member shall be subject to discipline.
(c)
The
city council may apply levels of discipline to the officer or advisory
board [member], ranging from private consultation, admonishment, censure,
and reprimand. The council may also choose to have the officer or
advisory board member forfeit their seat. This level of discipline
cannot be used on elected council members.
(d)
The
city council may exempt from the provisions of this article any conduct
found to constitute a violation by an officer or advisory board member
if it finds that the enforcement of this article with respect to such
conduct is not in the public interest.
(e)
Any
contract or transaction which was the subject of an official act or
action of the city in which there is an interest prohibited by this
article, or which involved the violation of a provision of this article,
shall be voidable at the option of the city council.
(1978 Code, sec. 2-509)
The city secretary shall cause a copy of this code of ethics
to be distributed to every officer and advisory board member of the
city within thirty (30) days after enactment of this article. Each
officer and advisory board member thereafter elected or appointed
shall be furnished a copy before entering upon the duties of his or
her office and shall sign a written statement acknowledging receipt
of the copy.
(1978 Code, sec. 2-510)
