(A)
Election
to participate in the TMRS.
On behalf of the city, the
City Council hereby exercises its option and elects to have the city
and all of the employees of all departments participate in the Texas
Municipal Retirement System (hereafter “TMRS”) as provided
in Tex. Gov’t. Code, §§ 851.001 et seq. as amended;
and all of the benefits and obligations of such system are hereby
accepted.
(B)
Election
to participate in the TMRS Supplemental Benefits Fund.
The City Council elects to have the employees of all participating
departments of the city participate in and be covered by the Supplemental
Benefits Fund of the Texas Municipal Retirement System, as provided
by Tex. Gov’t Code, §§ 851.001 et seq.; and all the
benefits and obligations of participation in said fund are hereby
accepted by the city as to such employees.
(C)
Election
to participate in the TMRS Supplemental Death Benefits Fund.
The City Council elects to have the employees of all participating
departments of the city participate in and be covered by the Supplemental
Death Benefits Fund of the Texas Municipal Retirement System, as provided
by Tex. Gov’t Code, § 852.004; and all the benefits and
obligations of participation in said fund are hereby accepted by the
city as to such employees.
(D)
Adoption
by reference.
Ordinances effecting the plan for participation
in the TMRS, employee contributions, updated service credits, increases
in benefits and retirement annuities and any other applicable legislation
of the city and state are adopted by reference into this code of ordinances
as if fully set forth herein and shall be kept on file in the office
of the City Clerk.
Editor’s note–See Ordinance No. 760-04-10-26,
passed 10-26-04, regarding additional rights of employees.
(Ordinance 147-82-8-16, passed 8-16-82; Ordinance 148-82-8-16, passed 8-16-82; Ordinance
149-82-8-16, passed 8-16-82)
(A)
On the
terms and conditions set out in Tex. Gov’t Code, § 853.305
(of Subtitle G of Title 8), as amended (hereafter referred to as the
“TMRS Act”), each member of the Texas Municipal Retirement
System (hereafter referred to as the “System”) who is
now or who hereafter becomes an employee of this city shall receive
restricted prior service credit for service previously performed as
an employee of any incorporated city or town in the United States
or of any Council of Governments in this state for which the person
has not otherwise received credit service in this System, including
combined service credit under Tex. Gov’t Code, Ch. 803. The
service credit hereby granted may be used only to satisfy length of
service requirements for retirement eligibility, has no monetary value
in computing the annuity payments allowable to the member, and may
not be used in other computations, including computation of updated
service credits.
(B)
A member
seeking to establish restricted prior service credit under this section
must take the action required under Tex. Gov’t Code, §
853.305 while still an employee of this city.
(C)
This
section shall be and become effective on January 1, 1995, provided
that the Board of Trustees of the System grants its approval.
Editor’s note–See Ordinance No. 649-01-10-09,
passed 10-09-01, for updated service credits.
(Ordinance 413-94-12-13, passed 12-13-94)
(A)
The
city hereby consents to the participation of the employees of the
corporation in the System on the same basis upon which employees of
the city now and hereafter participate in the System.
(B)
All
persons who, on or after the effective date of this ordinance, receive
compensation from the corporation and are engaged in an appointive
office or position with the corporation that normally requires services
from the person for not less than 1,000 hours per year shall be and
are hereby required to become members of the System.
(C)
All
credit authorized under this ordinance shall be treated as if it were
performed for the city, and all sums of money that may be computed
by the System’s actuary as being necessary to fund the credit
hereby granted shall constitute a charge against the city’s
account in the municipality accumulation fund of the System.
(Ordinance 989-09-03-24, passed 3-24-09)
Unless the context requires otherwise, the following words,
terms and phrases, when used in this Code, shall mean the following:
The City of Pflugerville, Texas.
City commissions, committees, boards, tasks forces, or other
city bodies, the members of which are appointed by the City Council.
The Home Rule Charter of the City of Pflugerville, Texas,
adopted November 2, 1993, as hereafter amended from time to time.
The legislative and governing body of the City, consisting
of the Mayor and Council members.
This Code of Ethics, and Travel and Expense Policy, as hereafter
amended from time to time.
A conference, seminar, educational gathering, meeting to discuss City business or other fact-finding meeting authorized in accordance with § 35.22 of this Code.
Any person employed by the City, including those individuals
employed on a part-time basis, but shall not mean any independent
contractor hired by the City.
The Mayor, members of the City Council, the City Manager,
Assistant City Managers, the City Secretary, and the head of any City
department, whether such person is salaried, hired, appointed or elected;
and members of City Boards or Commissions.
The geographic area designated as Region 10 by the Texas
Municipal League.
(Ordinance 400-94-04-12, passed 4-12-94; Am. Ordinance 510-98-10-27, passed 10-27-98)
(A)
Purposes.
This code of ethics has been adopted for the following purposes:
(1)
To
comply with the requirements of Sec. 11.05 of the City Charter;
(2)
To
establish guidelines for high ethical standards in official conduct
by City Officials and Employees; and
(3)
To
provide guidance to City Officials and Employees in order to instill
a high level of public confidence in the professionalism, integrity
and commitment to the public interest of those in public service.
(B)
Policy.
It is the policy of the City that all City Officials and Employees
shall conduct themselves in a manner consistent with sound business
and ethical practices, ensuring that the public interest is always
considered in conducting City business.
(C)
Conflicts
of Interest.
(1)
No
City Official or Employee shall transact any business in his official
capacity with any person with whom or business entity in which he
has any personal pecuniary interest, whether direct or indirect.
(2)
No
City Official or Employee shall represent, directly or indirectly,
himself or any other person, business entity, group or interest before
the body of which he is a member, except in of purely public concern
and when doing so without compensation.
(3)
An
Official or Employee may not participate in a vote or decision on
a matter in which he has a personal pecuniary interest or when his
participation is prohibited by law.
(4)
Nothing
in this Section shall prohibit any member of the City Council from
participating in a vote or decision relating to travel budgets of
City Council members.
(D)
Disclosure
of Conflict of Interest.
(1)
All
members of the City Council and all members of City Boards or Commissions
shall disclose the existence of any personal pecuniary interest which
he may have in a matter which would be affected by a vote or decision
of the body of which he is a member.
(2)
In
the event of a conflict of interest, a member of the City Council
or a City Board or Commission shall, prior to the vote or decision
on the matter, file an affidavit with the City Secretary stating the
nature and extent of his conflict of interest. Thereafter, the member
shall leave the dais and abstain from participation in the discussion
on the matter in which he has a conflict of interest and, if the matter
is discussed in executive session, he shall not be physically present
for such discussion.
(3)
An
Employee shall notify his supervisor in writing of any personal pecuniary
interest which he may have in a matter which would be affected by
an exercise of discretionary authority by the Employee. Upon receipt
of such notice, his supervisor shall reassign the matter.
(E)
Gifts.
A City Official or Employee may not accept a benefit, as defined in Section 36.01, Texas Penal Code, from any person or entity if the acceptance of such a benefit is prohibited by law. As of the date of adoption of this Code, Section 36.08 of the Texas Penal Code sets forth the prohibitions against acceptance of gifts by public officials. Nothing in this § 35.21 shall be deemed to prohibit an Official or Employee from accepting a benefit permitted under Section 36.10, Texas Penal Code.
(F)
Bribery.
A City Official or Employee shall not intentionally or knowingly offer, confer or agree to confer, or solicit, accept or agree to accept, any benefit, as defined in Section 36.01, Texas Penal Code, as consideration, when to do so is prohibited by law. As of the date of adoption of this Code, Section 36.02 of the Texas Penal Code lists the actions which are considered to constitute bribery when committed by public officials.
(G)
Prohibition
against Serving as Surety.
No Official or Employee shall
serve as a surety on any official bond required of an Official or
Employee of the City, or as a surety for any person or entity doing
business with the City.
(Ordinance 400-94-04-12, passed 4-12-94; Am. Ordinance 510-98-10-27, passed 10-27-98)
(A)
Purpose.
The City wishes to establish an equitable and reasonable policy
to cover the reimbursement of City Councilmember and employee necessary
and reasonable expenses incurred in the authorized conduct of City
business. All requests for reimbursement of expenses shall be subject
to requirements of documentation and reasonableness. This Policy is
established to set forth a travel and expense procedure meeting the
criteria set forth in Section 3.04 of the City Charter, to comply
with Section 11.05(a)(2) of the City Charter and to both conform to
IRC Code section 162 and qualify for the Safe Harbor provisions provided
by law to ensure reimbursements are not treated as taxable compensation
by the IRS.
(B)
Adoption
of Accountable Plan.
To comply with IRS fiscal accounting
requirements, the city declares its reimbursement plan is an Accountable
Plan expense reimbursement policy pursuant to IRC Code section 162,
and relevant IRS regulations and procedures, as more specifically
set out below.
(C)
Implementation.
Any City Councilmember may be reimbursed for approved expenses
which are necessary, incurred in the performance of official duties,
and which are approved by the City Council pursuant to this section.
Any city employee may be reimbursed for approved expenses which are
necessary, incurred in the performance of official duties, and which
are approved by the City Manager pursuant to this section. Any approved
travel or expenses necessary and reasonable in the authorized conduct
of city business may be prepaid by the City.
(D)
Statement
of Expenditures.
Reimbursements may only be made pursuant
to this policy.
(1)
To
be eligible for reimbursement, any city employee or City Councilmember
shall present a statement of the expenses to the finance department
within 30 days of the expense, together with supporting receipts,
invoices and mileage records.
(2)
Any
reimbursement paid, if determined to be unsubstantiated within a reasonable
period of time, or determined to be an overpayment, shall be paid
back to the city within a reasonable period of time, but no later
than 120 days after the expense is reimbursed.
(3)
Any
overpayment if not returned within 120 days, may be interpreted by
the U.S. Internal Revenue Service as compensation to the employee
or City Councilmember. In such an event, the City may be obligated
to seek appropriate withholdings from the employee or Councilmember
in accordance with IRS rules.
(E)
Qualifying
Reimbursable Expenses.
City Councilmember expenses which are necessary, incurred in the
performance of official duties, and which are approved by the City
Council are eligible for reimbursement as set forth below. Employee
expenses which are necessary, incurred in the performance of official
duties, and which are approved by the City Manager are eligible for
reimbursement as set forth below. Any City Councilmember expense not
listed below may be approved by the City Council by separate action,
either prior to or subsequent to the expense. However, the City Council
has no obligation to approve any reimbursement request that, in the
opinion of a majority of the City Council, is not a necessary expense
incurred in the performance of official duties of the City Councilmember.
City Councilmembers reimbursement for expenses incurred by official
capacity participation in activities, may be reimbursed as provided:
(1)
Approved
expenses include items such as:
(A)
Meals.
(B)
Lodging (see details below).
(C)
Mileage reimbursement for transportation at the maximum nontaxable
rate allowed by the Internal Revenue Service at the time mileage is
incurred applying the shortest distance between destinations. Reimbursement
payments for the use of private automobiles by City Councilmembers
shall be made monthly upon submission to the Finance Department of
a statement of approved expenditures.
(D)
Airfare (Coach rates).
(E)
Rental car (including the expenses of rental company optional insurance
coverage).
(F)
Train fare (regular passenger rates).
(G)
Taxi fare.
(H)
Bus fare.
(I)
Non-valet parking expenditures; unless price of valet is commensurate.
(2)
Disallowed
expenses include those related to:
(A)
Any expense of a personal nature.
(B)
Any expense for the accompaniment of a spouse, child or guest.
(C)
Social activities.
(D)
The purchase of alcoholic beverages.
(E)
Laundry services.
(F)
Tipping or services charges exceeding 20%.
(G)
Parking violations.
(H)
Traffic violations.
(I)
Entertainment.
(J)
Any expense not approved by City Council.
(F)
Conference
Registration Expenses.
Registration expenses for all
local government continuing education conferences shall be eligible
for reimbursement. A written report summarizing the information obtained
by the City Councilmember attending the conference shall be submitted
to the City Council by the City Councilmember after the conclusion
of the conference. The report shall be placed on the next regular
City Council agenda for consideration before any eligible expenses
arising from attending the conference may be reimbursed.
(G)
Lodging
Expenses.
Lodging reimbursement for conferences shall
not exceed the official Conference rate, if conference rate lodging
is available. Lodging reimbursement for other events shall be reasonable.
Reimbursable lodging expenses include lodging expense for the night
before the commencement of the event and the night of the final meeting
day of the event.
(Ordinance 400-94-04-12, passed 4-12-94; Am. Ordinance 510-98-10-27, passed 10-27-98; Ordinance
937-08-02-26, passed 2-26-08; Ordinance 1312-17-08-22, passed 8-22-17)
(A)
Procedure
for Complaints Against City Officials and Employees.
(1)
All
complaints or allegations of a violation of this Code against an Official
or Employee shall be made in writing, sworn to before a notary public;
and filed of record with the City Attorney. A complaint shall describe
in detail the act or acts complained of and the specific section(s)
of this Code alleged to have been violated. Neither general complaints
lacking in specific detail, as determined by the City Attorney, nor
anonymous complaints shall be sufficient to invoke the procedures
set forth in this section.
(2)
Within
five (5) business days after receipt of a complaint, the City Attorney
shall make the initial determination as to whether or not the facts
alleged in the complaint, if true, would at face value constitute
a violation of this Code. If it is determined by the City Attorney
that the facts as alleged would not constitute a violation, the City
Attorney shall present a written report describing in detail the nature
of the complaint and the findings of the City Attorney to the City
Council at the Council’s next regularly scheduled meeting. A
majority of those City Council members not named in the complaint
shall consider such report and either invoke the investigatory procedure
contained in this section or reject the complaint.
(3)
If
the City Attorney determines that the facts alleged could constitute
a violation of this Code, the City Attorney shall, within five (5)
business days after receipt of the complaint, notify the Mayor and
members of the City Council of the existence and nature of the complaint.
At the next regularly scheduled Council meeting, the City Attorney
shall present a written report to the City Council describing in detail
the nature of the complaint and his findings and conclusions as to
a possible violation of this Code.
(4)
The
City Council shall consider the findings of the report at the meeting
at which it is presented, at which time the person(s) accused shall
have the right to a full and complete hearing with the opportunity
to call witnesses and present evidence, with the right to be represented
by counsel at their own expense. No final action, decision, or vote
with regard to any matter shall be made except in a meeting which
is open to the public.
(B)
Violations
- Council Members.
(1)
The
failure of any City Council member to comply with one or more of the
applicable standards of conduct set forth in this Code shall constitute
grounds for reprimand or removal from office. Any reprimand or removal
shall require the affirmative vote of three (3) City Council members.
(2)
Any
City Council member removed from office because of violations of this
Code shall be ineligible to hold City office or employment for five
(5) years after removal, in, addition to any other penalty provided
by law.
(C)
Violation
- Officials and Employees.
(1)
The
failure of a City Official to comply with one (1) or more of the standards
of conduct set forth in this Code shall constitute grounds for expulsion,
reprimand, or removal from office to the extent allowed by law.
(2)
The
failure of a City Employee to comply with one (1) or more of the standards
of conduct set forth in this Code shall constitute grounds for reprimand,
suspension or termination to the extent allowed by law. All disciplinary
action and any appeals therefrom shall be in conformity with applicable
procedures established by the City Charter and personnel policies
of the City.
(3)
Any
City Official removed from office or Employee dismissed from employment
because of violation of this Code shall be ineligible to hold City
office or employment for five (5) years after removal, in addition
to any other penalty provided by law.
(Ordinance 400-94-04-12, passed 4-12-94; Am. Ordinance 510-98-10-27, passed 10-27-98)
