(a)
The citizens
and businesses of Gonzales are entitled to have fair, ethical and
accountable local government which earns the public’s full confidence
for integrity. The strong desire of the City of Gonzales to fulfill
this expectation therefore requires that city officials, both elected
and appointed, and employees:
(b)
To this
end, the city council has adopted this code of ethics and conduct
for city officials and employees to assure public confidence in the
integrity of local government and its effective and fair operation.
(Ordinance 2020-25 adopted 11/16/20)
The following words, terms and phrases, when used in this article,
shall have the meanings subscribed to them in this section.
A corporation, partnership, sole proprietorship, firm, holding
company, joint stock company, receivership, trust or any other for
profit or non-profit entity.
The legislative and governing body of the city consisting
of the mayor and city council members.
Any member of the city council and any appointed member of
a board, commission, or committee set up by ordinance, resolution,
state law or otherwise, on a temporary or permanent basis, and the
city manager.
Any person employed by the city, including those individuals
on a part-time basis, including independent contractors hired by the
city for repetitive performance of services, but not independent contractors
engaged for occasional services or professional services.
(Ordinance 2020-25 adopted 11/16/20)
Recognizing that stewardship of the public interest must be
their primary concern, city officials and employees will work for
the common good of the people of the city and not for any private
or personal interest, and they will assure fair and equal treatment
of all persons, claims and transactions coming before the city council,
boards, commissions, and committees.
(Ordinance 2020-25 adopted 11/16/20)
City officials and employees shall comply with the laws of the
nation, the state, and the city in the performance of their public
duties. These laws include but are not limited to: the United States
and Texas constitutions; laws pertaining to conflicts of interest,
election campaigns, financial disclosures, employer responsibilities,
and open processes of government; and city ordinances and policies.
(Ordinance 2020-25 adopted 11/16/20)
The professional and personal conduct of city officials and
employees must be above reproach and avoid even the appearance of
impropriety. City officials and employees shall refrain from abusive
conduct, personal charges or verbal attacks upon the character or
motives of other city officials and employees, board, commission,
and committee members and the public.
(Ordinance 2020-25 adopted 11/16/20)
City officials and employees shall perform their duties in accordance
with the processes and rules of order established by the city council
and boards, commissions, and committees governing the public deliberation
of public policy issues, meaningful involvement of the public, and
implementation of policy decisions of the city council by city staff.
(Ordinance 2020-25 adopted 11/16/20)
City officials have an obligation to attend meetings and be
prepared for public issues; listen courteously and attentively to
all public discussions before the body; and focus on the business
at hand. They shall refrain from interrupting other speakers, making
personal comments not germane to the business of the body, or otherwise
interfere with the orderly conduct of meetings.
(Ordinance 2020-25 adopted 11/16/20)
It is expected that city officials and employees review material,
participate in discussion and base their decisions on the merits and
substance of the matter at hand.
(Ordinance 2020-25 adopted 11/16/20)
Prior to permitting final action to be taken on a matter under
consideration city officials and employees shall publicly share substantive
information, which they may have received from sources outside the
public decision-making process, that is relevant to such action by
the council, boards, commissions, or committees.
(Ordinance 2020-25 adopted 11/16/20)
City officials and employees shall familiarize themselves and
abide by the following conflicts of interest and disclosure statutes
and principles:
(1)
Section
171 of the Local Government Code which requires councilmembers and
certain officers to file an affidavit disclosing a substantial interest
in a business or property that would be beneficially affected by a
decision of the city council and thereafter abstaining from participation
in discussion and voting on the matter. Once the disclosure is made
the city official is to remove themselves from the meeting area to
ensure their presence does not hinder the discussion of the item or
influence the vote.
(2)
Section
176 of the Local Government Code which requires city council members
and the city manager to file a conflicts disclosure statement disclosing
any business relationship with a person or business doing business
with the city or being considered by the city for a business relationship.
(3)
Section
176.003(a)(2)(B) of the Local Government Code which requires the disclosure
of gifts of an aggregate value of more than $250.00 in the twelve
(12) month period preceding a transaction described in section 176,
other than gifts of food, lodging, transportation, or entertainment
accepted as a guest.
(4)
Sections
553.001-553.003 of the Government Code which requires the filing of
an affidavit before the date the city will acquire a property in which
public servants have a legal or equitable interest.
(5)
City employees
shall disclose potential conflicts of interest to their supervisor
and avoid participation in the handling of matters wherein employees
have a personal interest.
(6)
In order
to assure their independence and impartiality on behalf of the public
good, city officials and employees are prohibited from using their
positions to influence government decisions in which they have a personal
interest.
(Ordinance 2020-25 adopted 11/16/20)
City officials and employees shall familiarize themselves and
abide by the Penal Code mandates concerning corruption, including
specifically section 36.02 prohibiting bribes, section 36.08(d) prohibiting
illegal benefits, section 36.09 prohibiting receipt of prohibited
gifts, section 39.02 concerning abuse of official capacity and section
39.06(a) concerning misuse of official information. (Penal Code section
36.10 provides the exceptions to 36.08 and 36.09.)
(Ordinance 2020-25 adopted 11/16/20)
(a)
City officials
and employees shall not utilize the city’s name or logo for
purposes of endorsing any political candidate or business. City employees
shall not engage in electioneering while on the job. Electioneering
means working for the election of a candidate to political office.
(b)
City employees
shall not be appointed or retained on the basis of their political
support or activities. Employees shall not engage in political activities
relating to a campaign for elective office while in uniform or on
active duty. Employees elected to city offices shall be required to
resign their employment upon acceptance of the office.
(c)
City employees
are prohibited from using their municipal title or position in any
advertisement or endorsement of products, persons or activities, without
exclusive authorization by the city council.
(Ordinance 2020-25 adopted 11/16/20)
City officials and employees shall respect the confidentiality
of information concerning city property, personnel or proceedings
of the city. They shall neither disclose confidential information
without proper legal authorization, nor use such information to advance
their personal interests.
(Ordinance 2020-25 adopted 11/16/20)
City officials and employees shall not use public resources
generally unavailable to the public, such as city staff time, equipment,
supplies or facilities, for private gain or personal purposes.
(Ordinance 2020-25 adopted 11/16/20)
In keeping with their role as stewards of the public interest,
city officials and employees shall not appear on behalf of private
interests of third parties before the council or any board, commission,
committee, or proceeding of the city.
(Ordinance 2020-25 adopted 11/16/20)
City officials and employees shall represent the official policies
or positions of the city council, board, commission, or committee
to the best of their ability when designated as delegates for this
purpose. When presenting their individual opinions and positions,
city officials and employees shall explicitly state they do not represent
their body or the city, nor will they allow the inference that they
do.
(Ordinance 2020-25 adopted 11/16/20)
City officials and employees shall respect and adhere to the
city governmental structure as outlined in state law, the city’s
policies and procedures. In this structure, the city council determines
the policies of the city with the advice, information and analysis
provided by the public, boards, commissions, and committees and city
staff. Except as provided by the city ordinance, city officials therefore
shall not interfere with the administrative functions of the city
or the professional duties of the city staff; nor shall they impair
the ability of staff to implement council policy decisions.
(Ordinance 2020-25 adopted 11/16/20)
Because of the value of the independent advice of boards, commissions,
and committees to the public decision-making process, city officials
shall refrain from using their position to influence unduly the deliberations
or outcomes of board, commission, and committee proceedings. This
section should not be interpreted to limit the participation of a
city official on a board, commission or committee to which they have
been duly appointed by the city council.
(Ordinance 2020-25 adopted 11/16/20)
City officials shall support the maintenance of a positive and
constructive work place environment for city employees and for citizens
and businesses dealing with the city. City officials shall recognize
their special role in dealing with city employees and refrain from
creating the perception of inappropriate direction to staff.
(Ordinance 2020-25 adopted 11/16/20)
(a)
As an
expression of the standards of conduct for city officials and employees
expected by the city, the Gonzales Code of Ethics and Conduct is intended
to be self-enforcing. It therefore becomes most effective when city
officials and employees are thoroughly familiar with it and embrace
its provisions.
(b)
Ethical
standards shall be included in the regular orientations for candidates
for city council, applicants to boards, commissions, and committees
and newly elected and appointed officials and new employees.
(c)
City officials
and employees entering office, including those appointed to boards,
commissions and committees shall sign a statement affirming they have
read and understood the City of Gonzales Code of Ethics and Conduct.
In addition, the code of ethics and conduct shall be reviewed periodically
by the city council, boards, commissions, and committees, and the
city council shall consider recommendations from boards, commissions,
committees, employees, and citizens for revision as it becomes necessary.
(Ordinance 2020-25 adopted 11/16/20)
(a)
The Gonzales
Code of Ethics and Conduct expresses standards of ethical conduct
expected for city officials and employees of the city council, boards,
commissions, and committees.
(b)
City officials
and employees themselves have the primary responsibility to assure
that ethical standards are understood and met, and that the public
can continue to have full confidence in the integrity of government.
(c)
The chairs
of boards, commissions, and committees and the mayor have the additional
responsibility to intervene when city officials’ actions appear
to be in violation of the code of ethics and conduct and are brought
to their attention.
(d)
The city
council may impose sanctions, such as reprimand, formal censure, or
loss of committee assignment, on city officials whose conduct does
not comply with the city’s ethical standards. The city council
also may act to remove members of boards, commissions, and committees
from office.
(Ordinance 2020-25 adopted 11/16/20)
As used in this rules of procedures, the following words and
phrases have the meaning ascribed to them in this section, unless
the context requires otherwise or more specific definitions set forth
elsewhere in this code apply
Representation or appearance “before the City”
means before the city council; before a board, commission, or other
city entity; or before a city official. Representation “before
the city” does not include representation before a board where
members of that board are not wholly appointed by the city council.
The days of the week, Monday through Friday, in which the
administrative offices of the city are open for business.
The City of Gonzales.
“Code of ethics,” “ethics code,”
or “this code” means the city’s code of ethics,
its amendment(s), and/or enhanced definitions.
An individual who has filed a sworn complaint with the city
secretary as provided herein.
Includes all information held by the city that is not available
to the public under the Texas Public Information Act and any information
from a meeting closed to the public pursuant to the Texas Open Meetings
Act, unless disclosure is permitted under the Open Meetings Act.
Includes the ethics code of the city and any applicable state
statutes that establish rules and regulations for elected and appointed
city officials.
Includes violations of any of those enactments.
A person acts intentionally, or with intent, with respect
to the nature of his or her conduct or to a result of his or her conduct
when it is his conscious objective or desire to engage in the conduct
or cause the result.
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 or she is aware that his or her conduct is reasonably certain
to cause the result.
The term “official” or “city official”
includes the mayor and members of the city council. Members of all
boards, commissions, committees, and other bodies created by the city
council pursuant to federal or state law or city ordinance, including
entities that may be advisory only in nature, who are appointed by
the mayor, the city council, or who are designated in the bylaws or
organization papers of the entity to serve on behalf of the city;
and board members of any entity who are appointed by the mayor or
city council to such board membership.
Includes any affirmative act (including the making of a recommendation)
within the scope of, or in violation of, an official’s duties
Includes information gathered or created by or on behalf
of the city, in the conduct of the city’s business, and under
the power and authority of the city as a political subdivision of
the state.
A person acts recklessly, or is reckless, with respect to
circumstances surrounding his or her conduct or the result of his
or her conduct when he or she is aware of but consciously disregards
a substantial and unjustifiable risk that the circumstances exist
or the result will occur. The risk must be of such a nature and degree
that its disregard constitutes a gross deviation from the standard
of care that an ordinary person would exercise under all the circumstances
as viewed from the actor’s standpoint.
A presentation of fact-either by words or by conduct-made
to induce someone to act. “Representation” does not include
appearance as a witness in litigation or other official proceedings.
An individual identified in a sworn complaint to have allegedly
violated the ethics code of the city.
(Ordinance 2020-25 adopted 11/16/20)
(a)
In accordance
with the Texas Constitution, the Texas Local government Code, the
city code, and the city charter, the city council has the powers and
duties specified in therein, and other powers and duties prescribed
by ordinance.
(b)
Composition
of the city council includes the mayor and each member of the city
council.
(c)
A member
of the city council shall recuse himself or herself from any case
in which, because of familial relationship, employment, investments,
or otherwise, his or her impartiality might reasonably be questioned.
A councilmember may not participate in official action on any complaint:
(d)
If the
number of councilmembers who are recused from a case is so large that
a council meeting cannot be convened to consider the complaint, the
mayor shall nominate a sufficient number of ad hoc members so that
the case can be heard. Ad hoc members must be confirmed by a majority
vote of the city council and serve only for the case in question.
(Ordinance 2020-25 adopted 11/16/20)
(a)
Jurisdiction.
The city council has jurisdiction to investigate and make findings
and conclusions concerning an alleged violation of the city’s
ethics code enacted from time to time by ordinance.
(b)
The city
council shall not consider any alleged violation that occurred more
than 180 days prior to the date of the filing of the complaint.
(c)
The city
council has the discretion to accept or decline consideration of an
alleged violation that has been resolved by the city manager, or by
a governmental agency or council with jurisdiction over the matter.
(d)
Powers.
The city council has the power:
(1)
To
establish, amend, and rescind rules and procedures governing its own
internal organization and operations, consistent with ordinances pertaining
to the ethics code;
(2)
To
meet as often as necessary to fulfill its responsibilities;
(3)
To
issue advisory opinions on behalf of the council;
(4)
To
request from the city manager the assignment of staff necessary to
carry out its duties;
(5)
To
review, index, maintain on file, and dispose of sworn complaints;
(6)
To
make notifications, extend deadlines, and conduct investigations,
both on referral or complaint;
(7)
To
compel the production of sworn testimony, witnesses and evidence;
(8)
To
recommend cases for prosecution by appropriate authorities and agencies;
(9)
To
enforce its decisions by assessing sanctions authorized by ordinance;
(10)
To
request the city attorney to provide an independent counsel to advise
and represent the council, when appropriate or necessary to avoid
a conflict of interest;
(11)
To
provide assistance in the training and education of city officials
with respect to their ethical responsibilities;
(12)
To
exercise such other powers and duties as may be established by ordinance.
(Ordinance 2020-25 adopted 11/16/20)
(a)
Filing.
Any person (including a member of the city council, acting personally
or on behalf of the council) who believes that there has been a violation
of the ethics laws may file a sworn complaint with the city secretary
to allege such violations. A complaint filed in good faith is qualifiedly
privileged. A person who knowingly makes a false statement in a complaint,
or in proceedings before the city council, is subject to criminal
prosecution for perjury or a private cause of action.
(b)
Assistance.
The city secretary shall provide information to persons who
inquire about the process for filing a complaint.
(c)
Form.
A complaint filed under this section must be in writing and
under oath and must set forth in simple, concise, and direct statements:
(1)
The
name of the complainant;
(2)
The
street or mailing address, the telephone number, and email address
of the complainant;
(3)
The
name of each person complained about;
(4)
The
position or title of each person complained about;
(5)
The
nature of the alleged violation, including, if possible, the specific
provision of the ethics code alleged to have been violated;
(6)
A statement
of the facts constituting the alleged violation and the dates on which
or period of time in which the alleged violation occurred; and
(7)
All
documents or other material available to the complainant that are
relevant to the allegation; a list of all documents or other material
relevant to the allegation and available to the complainant but that
are not in the possession of the complainant, including the location
of the documents, if known; and a list of all documents or other material
relevant to the allegation but unavailable to the complainant, including
the location of the documents, if known.
(8)
The complaint must be accompanied by an affidavit stating that the information contained in the complaint is either true and correct or that the complainant has good reason to believe and does believe that the facts alleged constitute a violation of the Ethics Code. If the complaint is based on information and belief, the complaint shall state the source and basis of the information and belief. The complainant shall swear to the facts by oath before a notary public or other person authorized by law to administer oaths under penalty of perjury. A complaint that is not sworn as required shall not be forwarded by the city secretary to the city attorney as provided in subsection (d) but shall be returned to the complainant. The complaint must state on its face an allegation that, if true, constitutes a violation of a law administered and enforced by the city council.
(d)
Review
by the City Attorney and Notification to the City Council and Respondents.
(1)
A copy of a complaint shall be promptly forwarded by the city secretary to the city attorney who shall review the complaint for compliance with the filing requirements of subsection (c) within five (5) business days of receipt from the city secretary. The city secretary shall notify the respondent(s) of a complaint filed. This notification is for information purposes only and does not trigger subsection (e) until a decision has been made to accept the complaint and forward to the city council for consideration.
(2)
If
the complaint alleges a violation of the city’s ethics code,
and substantially complies with the filing requirements, the complaint
shall be forwarded by the city secretary to the members of the city
council and the respondents within ten (10) business days after receipt
of the complaint from the city secretary. If the complaint does not
substantially comply with the filing requirements, the city attorney
shall return the complaint with a letter explaining the defects in
the complaint to the city secretary who shall return all information
to the complainant.
(3)
The
city secretary shall notify the respondent(s) of the resolution of
a complaint.
(e)
The respondent(s)
shall also be provided with a copy of the ethics code and shall be
informed:
(1)
That,
within ten (10) business days of receipt of the complaint, he or she
may file a sworn response with the city secretary;
(2)
That
failure to file a response does not preclude the City Council from
adjudicating the complaint;
(3)
That
a copy of any response filed by the respondent(s) will be provided
by the city secretary to the complainant, who may, within five (5)
business days of receipt, respond by sworn writing filed with the
city secretary, a copy of which shall be provided by the city secretary
to the respondent(s);
(4)
That
the complainant(s) or respondent(s) may request a hearing.
(5)
Upon
receipt, the city secretary shall forward the response to the city
attorney and the city council.
(f)
Frivolous
Complaint.
(1)
For
purposes of this section, a “frivolous complaint” is a
sworn complaint that is groundless and brought in bad faith or groundless,
has no basis in law or fact, and is brought for the purpose of harassment.
(2)
By
a vote of at least two-thirds (2/3) of those present, the council
may order a complainant to show cause why the council should not determine
that the complaint filed by the complainant against a respondent is
a frivolous complaint.
(3)
In
deciding if a complaint is frivolous, the council will be guided by
the Texas Rules of Civil Procedure, rule 13, and interpretations of
that rule, and may also consider:
(A)
The timing of the sworn complaint with respect to when the facts
supporting the alleged violation became known or should have become
known to the complainant, and with respect to the date of any pending
election in which the respondent is a candidate or is involved with
a candidacy, if any;
(B)
The nature and type of any publicity surrounding the filing of the
sworn complaint, and the degree of participation by the complainant
in publicizing the fact that a sworn complaint was filed with the
council;
(C)
The existence and nature of any relationship between the respondent
and the complainant before the complaint was filed;
(D)
Any evidence that the complainant knew or reasonably should have
known that the allegations in the complaint were groundless; and
(E)
Any evidence of the complainant’s motives in filing the complaint.
(4)
Notice
of an order to show cause shall be given to the complainant by the
city secretary, with a copy to the respondent, and shall include:
(5)
Before
making a determination that a sworn complaint against a respondent
is a frivolous complaint, the Council shall hold a hearing at which
the complainant may be heard; the complainant may be accompanied by
counsel retained by the complainant.
(g)
Confidentiality.
Ex parte communications by members of the city council are prohibited.
(1)
The
council shall not communicate any information about a pending sworn
complaint, including whether or not a complaint has been filed, to
any person other than the respondent, the complainant, and a witness
or potential witness identified by the respondent, the complainant,
or another witness or potential witness.
(2)
Information
otherwise confidential under this section may be disclosed by entering
it into the record of a formal hearing or city council proceeding.
(3)
Requests
for records pertaining to complaints shall be responded to in compliance
with the Texas Public Information Act and the Texas Open Meetings
Act.
(Ordinance 2020-25 adopted 11/16/20)
(a)
City
Attorney’s Office.
The city attorney’s office
shall perform the following duties:
(1)
Act
as legal counsel to the city council;
(2)
Receive
complaints and responses filed with the city secretary as set forth
above;
(3)
Review
complaints for legal sufficiency;
(4)
Request
additional information from complainant as needed; and
(5)
Issue
advisory opinions to city officials about the requirements imposed
by the ethics laws.
(b)
Independent
Counsel.
(1)
An
independent attorney, who does not otherwise represent the city, may
be appointed to serve as the independent counsel when a complaint
is filed relating to an alleged violation of the ethics laws by the
mayor, a member of the city council, or a candidate for city council.
(2)
When
a complaint is filed relating to an alleged violation of the ethics
laws by a city employee who is a department head or of higher rank,
the city attorney may recommend the appointment of an independent
counsel for that matter.
(3)
The
city attorney or city council may request the appointment of an independent
counsel for a particular case.
(c)
Exculpatory
Evidence.
The city attorney shall disclose to the city
council and provide to the person charged with violating the ethics
code evidence known to the city attorney tending to negate guilt or
mitigate the seriousness of the offense.
(Ordinance 2020-25 adopted 11/16/20)
(a)
Review
by City Council.
The city council will meet to review
the complaint, responses, replies to responses and any other information
it has requested be provided to assist in consideration of the complaint.
The council shall consider whether the facts of the case establish
a violation of any provision in the ethics laws, regardless of which
provisions, if any, were identified in the complaint as having been
allegedly violated. If the council finds that the complaint fails
to allege a violation of the ethics code when assuming all facts set
forth in the complaint to be true, the council may dismiss the complaint
without further proceedings.
(b)
Before
the council may find a violation of a particular rule, the respondent
must be on notice that compliance with that rule is at issue and must
have an opportunity to respond. Notice is conclusively established:
if the complaint alleged that the rule was violated; or if the council
or the city secretary provides the respondent with written notice
of the alleged violation and a ten (10) business-day period within
which to respond in writing to the charge.
(c)
Scheduling
of a Hearing.
Regardless of whether the complainant or
the respondent requests a hearing, the city council has discretion
to decide whether to hold a hearing.
(d)
Ex Parte
Communications.
It is a violation of this code:
(1)
For
the complainant, the respondent, or any person acting on their behalf
to engage or attempt to engage, directly or indirectly, in ex parte
communication about the subject matter of a complaint with a member
of the city council, or any known witness to the complaint; or
(2)
For
a member of the city council to:
(e)
Duty
to Cooperate.
All city officials and employees shall
cooperate with the city council and shall supply requested testimony
or evidence to assist it in carrying out its charge. Failure to abide
by the obligations imposed by this subsection is a violation.
(f)
Extension
of Deadlines.
(1)
A complainant
or respondent who fails to meet a deadline to submit a filing with
the city council may file a request to accept the late filing. The
complainant or respondent must include within the request a statement
of good cause for the council to grant the request. The council may
grant a request to accept a late filing for good cause. Any extension
given to a respondent pursuant to his or her request shall extend
the deadline for the council to issue a decision under section 1-08
[section 9.508] by the amount of time granted.
(2)
The
council, under its own initiative or at the request of a respondent,
may defer consideration of a complaint if the respondent is under
investigation by any agency for the activity comprising the subject
matter of the complaint, until such time as the investigation has
concluded.
(g)
Timeliness
of Notices or Submissions.
When the code of ethics requires
a notice or other document to be submitted or otherwise given to a
person or to the city council, the requirement is met in a timely
fashion if the document is sent to the person or the council by first-class
mail or certified mail addressed with postage or handling charges
prepaid and it bears a post office cancellation mark indicating a
date within the time required to provide notice or to submit a document,
unless another method of submission is expressly required.
(Ordinance 2020-25 adopted 11/16/20)
(a)
All hearings
for removal from office and prohibitions shall be conducted in open
session, except that the city council may conduct a closed session
to get advice from its attorney pursuant to the Texas Open Meetings
Act.
(b)
Called
Special Meeting.
A special meeting shall be called to
hold the hearing to be held no earlier than fourteen (14) days subsequent
from the delivery of written notice and no later than ninety (90)
days after delivery of written notice, unless otherwise agreed to
by a majority of the city council and the individual subject to the
hearing.
(c)
General
Rules.
(1)
All
witnesses must be sworn and all questioning of witnesses shall be
conducted by the members of the city council. The city council may
establish time limits and other rules relating to the participation
of any person in the hearing. No person may be held to have violated
the ethics laws unless a majority of the city council so finds by
a preponderance of the evidence.
(2)
A member
of the city council who initiated or is the subject of the investigation
or hearing shall not sit at the dais and shall not participate in
deliberation or vote.
(3)
The
city council shall state the nature of the hearing and the allegations
to be considered.
(4)
Public
comments shall be allowed in conformance with established rules of
order and decorum for the city council.
(d)
Evidence.
The city council shall rely on evidence of which a reasonably
prudent person commonly relies in the conduct of the person’s
affairs. The council shall further abide by the following:
(e)
The Person
Charged (Respondent).
The person charged in the complaint
has the right to attend the hearing, the right to make a statement,
the right to present witnesses, and the right to be accompanied by
legal counsel or another advisor. They shall be provided a copy of
the results of the investigation, including any written testimony
acquired during the investigation. Only legal counsel to the person
charged in the complaint may advise that person during the course
of the hearing, but may not speak on his or her behalf, except with
the permission of the council. The time permitted for presentation
will be at the discretion of the council.
(f)
The Complainant.
The complainant has the right to attend the hearing, the right
to make a statement, and the right to be accompanied by legal counsel
or another advisor. Only legal counsel to the complainant may advise
the complainant during the course of the hearing, but may not speak
on behalf of the complainant, except with the permission of the council.
Witnesses may not be presented by the complainant, except with the
permission of the council. The time permitted for presentation will
be at the discretion of the council.
(Ordinance 2020-25 adopted 11/16/20)
(a)
Violation
of City Code of Ethics.
City council may on the affirmative
vote of a majority of the city council take any of the following actions:
(1)
Direct
further investigation;
(2)
Request
further information;
(3)
Vote
to enforce a penalty pursuant to the city code;
(4)
Vote
to bring an action in municipal court;
(5)
Take
a vote of censure; or
(6)
Upon
the affirmative vote of two-thirds of city council find that sufficient
evidence exists to merit removal of an appointee.
(b)
Written
Opinion.
The council shall issue a decision within ninety
(90) calendar days after the filing of a complaint. This deadline
shall be extended by any amount of time granted to a respondent pursuant
to a respondent’s request for additional time to respond or
to attend proceedings. The council shall state in a written opinion
its findings of fact and conclusions of law. The written opinion shall
either:
(1)
Dismiss
the complaint; or
(3)
If
the council determines that a violation has occurred, the opinion
shall identify in writing the particular rule or rules violated. If
the complaint is dismissed, the grounds for the dismissal shall be
set forth in the opinion. The failure of the council to comply within
the above time limits may result in the charge being dismissed for
want of prosecution. Prior to such dismissal, the complainant will
be given notice and an opportunity to request continuance of the action.
(c)
Notification.
Copies of the opinion shall be forwarded to the complainant,
the person charged in the complaint, the city attorney, and any member
of the city council who did not participate in the disposition of
the case. A copy of the opinion shall also be forwarded to the city
secretary, who shall make it available as authorized by law.
(d)
Recommendations.
A recommendation for criminal prosecution or removal shall be
forwarded to the appropriate authority.
(e)
Similar
Charges Barred.
If the complaint is dismissed because
the evidence failed to establish a violation of the ethics laws, the
city council shall not entertain any other similar complaint based
on substantially the same evidence.
(f)
Factors
Relevant to Sanctions.
(1)
General
violations. In deciding whether to recommend or impose, in the case
of a violation of the ethics laws, criminal prosecution and/or civil
remedies, the city council shall take into account relevant considerations,
including, but not limited to, the following:
(A)
The culpability of the person charged in the complaint;
(B)
The harm to public or private interests resulting from the violation;
(C)
The necessity of preserving public confidence in the conduct of local
government;
(D)
Whether there is evidence of a pattern of disregard for ethical obligations;
and
(E)
Whether remedial action has been taken that will mitigate the adverse
effect of the violation.
(2)
To
impose or recommend sanctions for a first violation of the ethics
code, other than a letter of notification, a letter of admonition
or a referral to training, the council must find by a preponderance
of the evidence that the person acted knowingly, unless otherwise
provided by this code.
(g)
Civil
Sanctions for Ethics Code Violations.
The following civil
remedies may be recommended or imposed by the city council which finds
that the ethics laws have been violated:
(1)
Disciplinary
Action.
City council members who engage in conduct that
violates the code of ethics may be notified, warned, reprimanded,
suspended, or removed from office in any manner authorized by law.
Disciplinary action under this section may be imposed in addition
to any other penalty or remedy contained in the code of ethics or
any other law;
(2)
Civil
Fine.
The city council may impose on a city official
who violates any provision of the code of ethics a fine not exceeding
five hundred dollars ($500.00).
(3)
Letter
of Notification.
The city council may issue a letter
of notification to a city official, when the council finds that a
violation of the code of ethics was clearly unintentional or inadvertent.
The letter must advise the person to whom it is directed of any steps
to be taken to avoid future violations.
(4)
Letter
of Admonition.
The city council may issue to a city official,
a letter of admonition when the council finds that the violation of
the code of ethics was minor and/or may have been unintentional or
inadvertent.
(5)
Letter
of Reprimand.
The city council may issue to a city official,
a letter of reprimand when the council finds that the person has intentionally
or knowingly violated the code of ethics.
(6)
Referral
to Ethics Training.
Upon finding of violation of the
ethics code, the city council may require a city official to attend
ethics training.
(h)
Reconsideration.
Within five (5) business days of receiving the final opinion
of the city council, the complainant or respondent may request the
city council to reconsider its decision. The request must be filed
with the city secretary. Within ten (10) business days after filing
with the city secretary, the city council shall review the request
for reconsideration. If the full and seated council grants reconsideration,
the council may then order further proceedings in accordance with
the provisions of this rules.
(i)
Council
Action.
City council shall dispose of the reconsideration
within ninety (90) calendar days of approving the reconsideration.
Failure to take action within specified time limits may result in
the charge being dismissed for want of prosecution. Prior to such
dismissal, the complainant will be given notice and an opportunity
to request continuance of the action.
(Ordinance 2020-25 adopted 11/16/20)
