(a) 
It is hereby declared to be the policy of the city that the proper operation of a democratic government requires that public officials and employees be independent, impartial, and responsible only to the people of the city; that no elected city officials, employees or members of any standing committee or board shall permit any interest, financial or otherwise, direct or indirect, or engagement in any business, transaction or professional activity to conflict with the proper discharge of their duties in the public interest; that public office not be used for illegal or improper personal gain; and that the city council at all times shall be maintained as a nonpartisan body. To implement such a policy, the city council deems it advisable to enact a standard of conduct for all public officials and employees, whether elected or appointed, paid or unpaid, to serve not only as a guide for official conduct of the city’s public servants, but also as a basis for discipline for those who refuse to abide by its terms, the overriding interest being that officials and employees of the city shall at all times strive to avoid even the appearance of impropriety.
(b) 
The city council further recognizes that public servants are also members of society and therefore cannot and should not be without any personal and economic interest in the decisions and policies of government, and that public servants retain their rights as citizens to interest of a personal or economic nature, and their rights to publicly express their views on matters of general public interest. It is not the intent of this article to thwart the opportunity of public servants to enjoy their rights as citizens of the community.
(Ordinance 2012-07-09A, sec. 1, adopted 7/9/12)
The purpose of this article is to:
(1) 
Encourage the highest ethical standards by city officials and employees in conducting official business:
(2) 
Establish minimum guidelines for ethical standards of conduct to be followed by city officials and employees; and
(3) 
Provide a mechanism for reprimand of those officials and employees who violate the established standard of conduct.
(Ordinance 2012-07-09A, sec. 2, adopted 7/9/12)
The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Advisory board member
means any appointive member of a city board, commission, or committee set up by city council action, ordinance, charter, state law, or federal law on a permanent or ad hoc basis.
Business entity
means a sole proprietorship, partnership, firm, corporation, holding company, joint stock company, receivership, trust, or any other entity recognized by law.
City council or councilmember
means the elected legislative and governing body of the city consisting of the mayor, mayor pro tem, and councilmembers.
Employee
means any person employed by the city, including part-time and temporary employees.
(Ordinance 2012-07-09A, sec. 3, adopted 7/9/12)
(a) 
Prohibition against gifts.
(1) 
Councilmembers, advisory board members and employees of the city shall not accept or solicit any gift, favor, or service from any person or business entity doing business with the city that might reasonably tend to influence councilmembers, advisory board members or employees in the discharge of their official duties, or grant any improper favor, service or thing of value.
(2) 
Several factors are considered in evaluating whether a gift is prohibited, including the value of the gift, any preexisting relationship between the donor and the donee, whether the benefit of the gift flows to the city or to an individual city officer or employee and whether any consideration is given in exchange for the gift. Those items or services that do not constitute prohibited gifts include, but are not limited to, the following:
(A) 
Political contributions made and reported in accordance with state law;
(B) 
Awards publicly presented in recognition of public service;
(C) 
Entertainment, meals or refreshments furnished in connection with public events, appearances or ceremonies related to official city business, if furnished by the sponsor of such public event.
(3) 
Any item offered to a councilmember, advisory board member or employee of the city may be donated to a charitable organization or be presented to the city.
(b) 
Personal financial interest.
Councilmembers and advisory board members of the city shall not participate in a vote or decision on any matter in which they have a direct or indirect substantial interest.
(c) 
Confidential information.
Councilmembers, advisory board members and employees of the city shall not disclose information that could adversely affect the property, government or affairs of the city; nor directly or indirectly use any information gained solely by reason of their official position or employment for their personal gain or benefit or for the private interest of others.
(d) 
Use of city property.
Councilmembers, advisory board members and employees of the city shall not use city supplies, equipment or facilities for any purpose other than to conduct official city business, unless otherwise provided by law, ordinance or city policy.
(e) 
Conflict of interest.
Councilmembers and advisory board members of the city shall not represent or appear on behalf of themselves or on behalf of the private interests of others before the city council or any city board, commission or committee when a conflict of interest exists or represent the private interest of others in any action or proceeding involving the city.
(f) 
Substantial interest.
For purposes of this article, a person has a substantial interest in a business entity if:
(1) 
The person owns 10 percent or more of the voting stock or shares of the business entity or owns either 10 percent or more or $15,000.00 or more of the fair market value of the business entity;
(2) 
Funds received by the person from the business entity exceed 10 percent of the person’s gross income for the previous year;
(3) 
A person has a substantial interest in real property if the interest is an equitable or legal ownership with a fair market value of $2,500.00 or more; or
(4) 
A person has a substantial interest if a person related to the councilmember or advisory board member in the first degree by consanguinity or affinity has a substantial interest under this section.
(Ordinance 2012-07-09A, sec. 4, adopted 7/9/12)
(a) 
Outside employment.
(1) 
Policy.
This provision does not prevent city employees from accepting other employment or following any pursuit which in no way interferes with the full and faithful discharge of their public duties, provided that the employee complies with all applicable city requirements.
(2) 
Purpose.
The purpose of this provision is to prevent conflicts of interest, conflicts of loyalty, and loss of efficiency at work.
(3) 
General rule.
City employees shall not accept any employment nor enter into any contracts that result in a conflict of interest with their duties as a public servant of the city. Employees may be self-employed or take occasional or part-time jobs if, in the opinion of the city administrator, there is no conflict with working hours, employee efficiency in their city work, or other interests of the city. City employment shall remain the first priority, and if at any time the outside employment interferes with employee job requirements or performance or the city, employees shall be required to modify the conditions of the outside employment or terminate either the off-duty employment or their city employment.
(4) 
Disclosure.
Before engaging in off-duty employment, employees must have the written approval of the city administrator. All notifications of outside employment shall state the type and place of employment and the hours of work. This record shall be placed in the employee’s personnel file.
(b) 
Political activity.
(1) 
Policy.
The general prohibition contained in this provision is intended to protect the integrity of the municipal election process and applies only to municipal elections that are administered by the city. This provision is not intended to limit the political involvement of a city employee in county, state or national elections.
(2) 
General rule.
No employee shall solicit or receive any contribution to the campaign funds of any candidate for municipal office or take any part in the management, affairs or political campaign of any municipal candidate. The following activities are the only activities permitted:
(A) 
The placement of campaign signs on premises owned by the city employee.
(B) 
The placement of bumper stickers on personal vehicles, except those vehicles supported in whole or in part by a car allowance provided by the city.
(C) 
Attendance at a political rally or function for a city council candidate, so long as the city employee does not actively participate in the rally or function.
(Ordinance 2012-07-09A, sec. 5, adopted 7/9/12)
(a) 
Appearance by advisory board members.
No current board or commission members shall personally appear on their own financial behalf before the board or commission upon which they serve, but may designate and be represented by a person of their choice in any such personal business matter.
(Ordinance 2012-07-09A, sec. 6, adopted 7/9/12)
(a) 
Nonprofit board membership.
While membership is encouraged, a councilmember who serves on the board of a public or private nonprofit organization shall have a voice but no vote on any funding request or contract by that organization, unless the organization has a board of directors or trustees appointed in whole or in part by the city council.
(b) 
Appearance by councilmember.
No current members of the city council shall personally appear on their own financial behalf before the city council or any city board, commission or committee, but may designate and be represented by a person of their choice in any such personal business matter. This prohibition does not apply where councilmembers seek reimbursement from the city for authorized expenses relating to the councilmember’s official business.
(c) 
Conflicts of interest.
Members of the city council who have a substantial interest in a business entity or in real property that is proposed for city council action shall file an affidavit of disclosure provided by the city secretary prior to the vote and abstain from voting on such matter in accordance with V.T.C.A., Local Government Code ch. 171.
(d) 
Political activity.
(1) 
General rule.
Current members of the city council who are seeking reelection may engage in any campaign activity on behalf of their own campaign efforts. However, councilmembers are prohibited from taking part in the management, affairs, or political campaign of any other municipal candidate. The following activities are the only activities that councilmembers may engage in on behalf of a municipal candidate:
(A) 
The placement of campaign signs on premises owned by the councilmember.
(B) 
The placement of bumper stickers on personal vehicles.
(C) 
Attendance at a political rally or function for a city council candidate, so long as the councilmember does not actively participate in the rally or function.
(D) 
The donation of a political contribution that does not exceed the statutory limit for non-reportable contributions.
(e) 
Other prohibitions.
No city council member shall knowingly:
(1) 
Grant in the discharge of his or her official duties any improper favor, service or thing of value to any person, group or business entity.
(2) 
Use one’s position to secure special privileges or exemptions for himself or herself or for others.
(3) 
Hold himself or herself out as representing the city in any capacity other than that for which he or she was elected.
(4) 
Grant any special consideration, treatment or advantage to any citizen beyond that which is available to every other citizen.
(5) 
Engage in any dishonest or criminal act or any other conduct prejudicial to the government of the city or that reflects discredit upon the government of the city.
(Ordinance 2012-07-09A, sec. 7, adopted 7/9/12)
(a) 
The city council shall have the primary responsibility for the enforcement of this article.
(b) 
The city council may direct the city administrator to receive complaints that arise from violations of this article.
(c) 
The city administrator will be responsible for notifying the city council within 72 hours after any complaint is received.
(d) 
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 or more persons. At the direction of the city council the city 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.
(e) 
Any person who believes that a violation of any portion of this article has occurred may file a complaint with the city administrator, who may then proceed as provided for in subsection (d) of this section. Should the complaint involve the city administrator, then the complaint will be presented to the city council. However, nothing in this article shall be construed to prevent any complainant from instituting direct legal action through the appropriate judicial authority.
(Ordinance 2012-07-09A, sec. 8, adopted 7/9/12)
(a) 
Where any city council member or the city administrator 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 herein, he or she may apply to the city attorney for an advisory opinion. The city council member or the city administrator shall have the opportunity to present his or her interpretation of the facts at issue and of the applicability of provisions of this article before such advisory opinion is made.
(b) 
Until amended or revoked, any advisory opinion shall be binding on the city council, the city administrator, and the city attorney in any subsequent actions concerning the advisory opinion sought, and shall be acted on 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.
(Ordinance 2012-07-09A, sec. 9, adopted 7/9/12)
(a) 
All complaints made against city council members or advisory board members with a potential violation of criminal statutes should be referred to the city attorney for review. If warranted, the city attorney should be given responsibility to refer such criminal complaints to the district attorney for possible action. The city attorney shall advise the city council and the city administrator, in writing, of his/her action. Should the city attorney find no criminal aspects in the complaint, he/she will refer the complaint as noted in subsection (b) of this section.
(b) 
Complaints of a non-criminal nature made against city council members or advisory board members that violate this article should be reviewed by the city attorney. The city attorney shall advise the city council in writing of his/her findings and recommendations. This review should be completed within a reasonable time limit.
(Ordinance 2012-07-09A, sec. 10, adopted 7/9/12)
(a) 
Criminal violations of this article will be submitted to the district attorney’s office, after a review by the city attorney, which will have sole responsibility to determine the appropriate penalties.
(b) 
Complaints against city council members or advisory board members that are deemed to be valid, non-criminal in nature, and a violation of this article will have a recommended action by the city attorney; the city council, in open session, will affirm that action by majority vote or take the action that it deems appropriate by majority vote. The following are administrative sanctions:
(1) 
No action, based on the circumstances and/or a first violation.
(2) 
Verbal censure in open session.
(3) 
Written censure in open session.
(c) 
Complaints against advisory board members appointed by the city council may have the additional sanction of being removed from that advisory board by a majority vote of the city council.
(d) 
The finding by a court of a violation under this article does not render an action of the city council voidable unless the measure that was the subject of an action involving a conflict of interest would not have passed without the vote of the person who violated this article.
(Ordinance 2012-07-09A, sec. 11, adopted 7/9/12)