City of Wichita Falls, TX: Definitions.

This section shall be known as the code of ethics;

This code of ethics shall apply to all officials as defined in this article, including members of the city council.

Confidential information.

This code of ethics does not apply to employees, including those individuals employed on a full-time, part-time or internship basis (including those who may serve on a city board, committee or commission) nor to independent contractors of the city. The standards of conduct for employees are governed by city personnel policies and the City Charter.

(d)

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.

(e)

This code of ethics applies to officials only while such persons hold such position or office.

(Ordinance 79-2020, sec. 2, adopted 12/15/20)

§ 2-138 Definitions.

The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.

Benefit.

Anything reasonably regarded as pecuniary or economic gain or pecuniary or economic advantage, including benefit to any other person in whose welfare the beneficiary has a direct and substantial interest.

Business entity.

Any person, entity, corporation (whether for-profit or nonprofit), general or limited partnership, sole proprietorship, joint venture, unincorporated association or firm, institution, trust, foundation, holding company, joint-stock company, receivership, or other entity recognized by law, whether or not organized for profit, which has an economic interest, or seeking such, in conducting business with the city. Business entity also includes any business entity that represents a party conducting or seeking to conduct business with the city.

City.

The City of Wichita Falls, Texas.

City council.

The governing body of the city.

Any information to which an official has access in such person’s official capacity which may not be disclosed to the public except pursuant to state and/or federal law and which is not otherwise a matter of public record or public knowledge. Confidential information includes the following information, however transmitted:

Any information from a meeting closed to the public pursuant to the Texas Open Meetings Act or other law regardless of whether disclosure violates the Texas Open Meetings Act or Texas Public Information Act;

Any information protected by attorney client, attorney work product, or other applicable legal privilege; and

(3)

Any information deemed confidential by law.

Contract.

Any lease, claim, account or demand against or agreement with any entity or person, whether express or implied, executed or executory, oral or written.

Vendor.

Any person who enters or seeks to enter into a contract with the city. The term includes:

An agent of a vendor;

An officer or employee of a state agency when that individual is acting in a private capacity to enter into a contract; and

(3)

Texas Correctional Industries (but no other state agency).

Corporation.

Any corporation that has a board of directors appointed in whole or in part by the city council that is operating under the direct authority of or subject to the direct control of the city council.

Employee.

Any person employed by the city, including those individuals on a part-time or internship basis, but does not include independent contractors.

Gift.

Anything of value, regardless of form, offered or given in the absence of adequate and lawful consideration. It does not include the receipt or acceptance of campaign contributions which are regulated by federal, state, and/or local laws or ordinances.

Knowingly.

A person acts knowingly, or with knowledge, with respect to the nature of the person’s conduct or to circumstances surrounding the conduct when the person is aware of the nature of the conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of the person’s conduct whether the person is aware that the conduct is reasonably certain to cause the result.

Officer or official.

Any member of the city council, city employee appointed by the city council, and any appointed member of a city board, commission or committee established by ordinance, Charter, state law or otherwise, on a temporary or permanent basis, operating either under the direct or indirect authority or subject to either the direct or indirect control of the city council. This includes all boards and commission under the direct authority of the city or city council and also the following:

4A Wichita Falls Economic Development Corporation.

4B Sales Tax Corporation.

(3)

Airport Board of Adjustment.

(4)

Construction Board of Adjustment and Appeals.

(5)

Employee Benefits Trust Board.

(6)

Firefighters and Police Officers’ Civil Service Commission.

(7)

Metropolitan Planning Organization.

(8)

Planning and Zoning Commission.

(9)

All Tax Increment Financing Boards.

(10)

Zoning Board of Adjustment.

Relative.

Any person related to an officer within the second degree by consanguinity or affinity. This relationship includes the spouse, parents, children, stepchildren, father and mother-in-law, or son and daughter-in-law, grandparents, grandchildren, sisters and brothers of the officer.

Special privileges.

A right, advantage or favor of or for a particular person, occasion or purpose not otherwise available to others.

Substantial interest:

The ownership of five percent or more of the voting stock or shares of a business entity;

The ownership of five percent or more, or $15,000.00 or more of the fair market value of a business entity; or (iii) funds received from the business entity exceed five percent of the person’s gross income for the previous year, and action on the matter involving the business entity will have a special economic effect on the business entity that is distinguishable from the effect on the public.

It is expressly provided herein that an investment or ownership in a publicly held company, in an amount less than $15,000.00 does not constitute a substantial interest. Substantial interest in real property means the person has an interest in the real property that is equitable or legal ownership with a fair market value of $2,500.00 or more; and it is reasonably foreseeable that an action on a matter involving the real property will have a special economic effect on the value of the real property distinguishable from its effect on the public. (Ownership includes any partnership, joint or corporate ownership or any equitable or beneficial interest as a beneficiary of a trust.) An officer is considered to have a substantial interest under this code of ethics if a person related to the officer in the second degree of consanguinity or affinity has a substantial interest under this code of ethics.

(Ordinance 79-2020, sec. 2, adopted 12/15/20)

§ 2-139 Standards of conduct.

Should any member of the city council have a conflict of interest pursuant to any state laws or municipal ordinances regulating conflict of interest of municipal officers, with an agenda item then before the city council, he will openly declare same before discussion proceeds, and he will be prohibited from discussing the item or voting on the question if such is required by state law. Said member of the city council will also file the appropriate conflict of interest paperwork prior to said meeting with the city clerk as required by state law.

No member of the city council shall enter into a written contract with the city where the city council member will receive a financial benefit, nor will the city enter into a written contract with a company owned wholly, or in part, by a member of the city council or that employs a member of the city council.

Any willful violation of this section shall constitute malfeasance in office, and any member of the city council, officer, or employee found guilty thereof shall thereby forfeit his office or position. Any violation of this section with the knowledge, expressed or implied, of the person or corporation contracting with the city, shall render the contract involved voidable by the city manager or city council. (Charter, section 132).

(d)

Members of the city council shall abide by the conflict of interest statutory provisions set forth in Texas Local Government Code secs. 171 et seq. and 176 et seq.

(Ordinance 79-2020, sec. 2, adopted 12/15/20)

§ 2-140 Additional standards.

No member of the city council who is on the board of a nonprofit organization may vote on any funding request by that nonprofit organization, unless the nonprofit organization has a board of directors or trustees appointed in whole or in part by the city council.

With the exception of those proceedings allowed under this article, no member of the city council shall personally appear in such person’s own behalf before the city council, or any city board, commission, corporation or committee but may designate and be represented by a person of such person’s choice in any such personal matter.

No member of the city council, the city Planning and Zoning Commission, Board of Adjustment, Airport Board of Adjustment, or Construction Board of Adjustment, shall participate in, or vote on, any land use matter in which such officer has a substantial interest in any real property within 200 feet of the real property, the subject of the land use matter. For purposes of this subsection 2-5(c) “land use matter” shall mean zoning, plat approval, site plan or other development approvals or permits, variances or exceptions. The term “land use matter” does not include studies or similar matters that are for the benefit of the city and which are not unique to real property within 200 feet of the real property, the subject of the land use matter, in which the officer has a substantial interest.

(Ordinance 79-2020, sec. 2, adopted 12/15/20)

§ 2-141 Political patronage.

No person in the administrative services of the city shall directly or indirectly solicit or receive, or be in any manner concerned in soliciting or receiving any assessment, subscription or contribution for any political party or purpose whatever. No person shall orally or by letter solicit or be in any manner concerned in soliciting any assessment, subscription or contribution for any political party or purpose from any person holding a position in administrative service of the city. (Charter section 133.)

No person shall use or promise to use his influence or official authority to secure any appointment, or prospective appointment, to any city position as a reward or return for personal or partisan political service. No person shall take a part in preparing any political assessment, subscription or contribution with the intent that it shall be sent or presented to or collect from any person in the service of the city and no person shall knowingly send or present, direct or indirectly, in person or otherwise, any political assessment, subscription or contribution to, or request its payment by any person in such service. (Charter, section 133.) Any person who shall willfully or through culpable negligence violate this provision shall be guilty of a misdemeanor and shall on conviction, be punished by a fine of not more than $200.00. No such person shall be appointed to any position in the service of the city and if he be an officer or employee of the city he shall immediately forfeit his office or employment. (Charter, section 133.)

(Ordinance 79-2020, sec. 2, adopted 12/15/20)

§ 2-142 Political partisanship.

No person about to be appointed to any position in the service of the city shall sign or execute a resignation, dated or undated, in advance of such appointment. No person in the service of the city shall discharge, suspend, lay off, reduce in grade or in any manner change the official rank or compensation of any person in such service, or promise or threaten to do so, for withholding or neglecting to make any contribution of money or service, or any other valuable thing, for any political purpose. (Charter section 134.)

No person in the service of the city shall use his official authority or influence to coerce the political action of any person or body, or to interfere with any nomination or election to public office. (Charter section 134.)

No person holding an appointive office or place under the provisions of this Charter shall act as an officer of a political organization or take any active part in a political campaign, or service as a member of a committee of any such organization, or circulate or seek signatures to any petition provided for by this Charter, or by the primary or election laws of the state, other than an initiative or referendum petition, or act as a worker at the polls in favor of or opposed to any candidate for nomination or election to a public office, whether federal, state, county or municipal. (Charter, section 134.) Any person who shall willfully or through culpable negligence violate this provision shall be guilty of a misdemeanor and shall on conviction, be punished by a fine of not more than $200.00. No such person shall be appointed to any position in the service of the city and if he be an officer or employee of the city he shall immediately forfeit his office or employment. (Charter section 134.)

(Ordinance 79-2020, sec. 2, adopted 12/15/20)

§ 2-143 Dual office holding.

No member of the city council shall, during the term for which he is elected, be appointed to any city, county, or state office or employment for which he would be paid compensation or which would create the possibility and/or appearance of conflicts of interest, which would be determined by the city council. (Charter section 136.)