For the purposes of this code of ethics, the following words and phrases shall have the meanings respectively ascribed to them:
Business entity.
A sole proprietorship, partnership, firm, corporation, holding company, joint stock company, receivership, trust, or any other entity recognized by law.
Employee.
A person employed by the town, including those individuals employed on a part-time or seasonal basis, but such term shall not be extended to apply to any independent contractor.
Town official.
(1) 
A member of the governing body of the town; or
(2) 
A member of any board or commission established by ordinance or state law, whether elected or appointed, paid or unpaid, who exercises responsibilities beyond those that are advisory in nature.
(Ordinance 279-01 adopted 2/20/01; 2004 Code, sec. 9.501)
(a) 
Any town official or employee who knowingly violates any provision of this code of ethics shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine in accordance with the general penalty provision found in section 1.01.009 of this code for each offense.
(b) 
The penalty prescribed herein shall not limit the power of the town council to discipline and seek the removal of town officials in accordance with this code of ethics and state law.
(c) 
The penalty prescribed herein shall not limit the power of the mayor to discipline employees in accordance with personnel policies of the town and state or federal law.
(Ordinance 279-01 adopted 2/20/01; 2004 Code, sec. 9.507)
The town secretary shall furnish a copy of this code of ethics to town officials and employees, and provide an acceptance form to be signed by same acknowledging its receipt.
(Ordinance 279-01 adopted 2/20/01; 2004 Code, sec. 9.506)
It is hereby declared to be the policy of the town and purpose of this code of ethics to promote the proper operation of local democratic government by insuring that:
(1) 
Town officials and employees be independent and impartial when acting in their official capacities.
(2) 
Governmental decisions and policies be made using the proper procedures of the governmental structure.
(3) 
No town official or employee have any substantial interest, direct or indirect, nor engage in any business transaction nor incur any obligation of any nature which is in substantial conflict with the proper discharge of the town official’s or employee’s official duties.
(4) 
Public office not to be used for personal gain.
(5) 
The nonpartisan nature of the town’s government be maintained.
(Ordinance 279-01 adopted 2/20/01; 2004 Code, sec. 9.502)
(a) 
A person has a substantial interest in a business entity if:
(1) 
The person owns ten percent (10%) or more of the voting stock or shares of the business entity or owns either ten percent (10%) or more or five thousand dollars ($5,000.00) or more of the fair market value of the business entity;
(2) 
Funds received by the person from the business entity exceed five thousand dollars ($5,000.00) or ten percent (10%) of the person’s gross income for the previous year;
(3) 
The person has a controlling interest in the business entity;
(4) 
The person is a member of the board of directors or other governing board of the business entity;
(5) 
The person serves as an elected officer of the business entity; or
(6) 
The person is an employee of the business entity.
(b) 
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.
(c) 
A town official is considered to have a substantial interest under this section if a person related to the officer in the first degree by consanguinity or affinity, as determined under chapter 573 of the Government Code, has a substantial interest under this section.
(Ordinance 279-01 adopted 2/20/01; 2004 Code, sec. 9.503)
A town official or employee shall not:
(1) 
Accept or solicit any gift, favor, or service that might reasonably tend to influence the town official or employee in the discharge of official duties or that the town official or employee knows or should know is being offered with the intent to influence the town official’s or employee’s official conduct;
(2) 
Intentionally or knowingly solicit, accept, or agree to accept any benefit for having exercised the town official’s or employee’s official powers or performed the town official’s or employee’s official duties in favor of another;
(3) 
Use the town official’s or employee’s official position to solicit or secure special privileges or exceptions for himself/herself or others;
(4) 
Disclose any confidential information gained by reason of one’s office or employment with the town, concerning any property, operation, policy or affair of the town, or use such confidential information to advance any personal interest, financial or otherwise, of such town official, employee or others;
(5) 
Accept other employment or compensation or engage in outside activities that could reasonably be expected to impair the town official’s or employee’s independence of judgment in the performance of the town official’s or employee’s official duties;
(6) 
Use the town official’s or employee’s official position to endorse or for the benefit of any political party, or engage in any political activity which does not maintain the policy of nonpartisan governance of the town;
(7) 
Intentionally fail, refuse, or neglect to perform a duty imposed on the town official or employee by law.
(Ordinance 279-01 adopted 2/20/01; 2004 Code, sec. 9.504)
(a) 
If a town official has a substantial interest in a business entity or in real property, the town official shall file, before a vote or decision on any matter involving the business entity or the real property, an affidavit stating the nature and extent of the interest and shall abstain from further participation in the matter if:
(1) 
In the case of a substantial interest in a business entity, the action on the matter will have a special economic effect on the business entity that is distinguishable from the effect on the public; or
(2) 
In the case of a substantial interest in real property, it is reasonably foreseeable that an action on the matter will have a special economic effect on the value of the property, distinguishable from its effect on the public.
(b) 
The affidavit must be filed with the town secretary.
(c) 
If a town official is required to file and does file an affidavit under subsection (a), the town official is not required to abstain from further participation in the matter requiring the affidavit if a majority of the members of the governing body of which the town official is a member is composed of persons who are likewise required to file and who do file affidavits of similar interests on the same official action.
(Ordinance 279-01 adopted 2/20/01; 2004 Code, sec. 9.505)