(a) 
Complaints are allegations that an official, applicant, or vendor violated this code.
(b) 
Complaints must be filed with the city secretary.
(c) 
To be actionable, a complaint must:
(1) 
Be in writing and contain the complainant’s name, address, and phone number;
(2) 
Be signed and sworn by the complainant and accompanied by a notarized affidavit in the form provided by the city secretary; and
(3) 
Be filed within one (1) year of the conduct giving rise to the allegation. If evidence later became known that reasonably could not have been discovered within the one-year period, a complaint may be filed within one (1) year of the date such evidence reasonably could have been discovered.
(d) 
Complaints satisfying the requirements of subsections (c)(1), (2), and (3) above shall be referred by the city secretary to the board chairperson, who shall either:
(1) 
Recommend to the board that the complaint be dismissed on the grounds that the board previously addressed the conduct alleged in the complaint, determined it not to be a violation of this code, and previously issued an advisory opinion, waiver, or complaint determination; or
(2) 
Appoint a subcommittee to issue a preliminary report regarding the complaint.
(Ordinance 2019-05-15-01 adopted 5/20/19)
(a) 
The subject of a complaint and all persons named in the complaint will be given a copy of the complaint within three (3) business days of the complaint having been filed.
(b) 
The subject of a complaint will be given notification of any scheduled board meeting at which the complaint will be addressed at least five (5) business days before the meeting.
(c) 
Agendas of board meetings will be posted in compliance with the Texas Open Meetings Act.
(Ordinance 2019-05-15-01 adopted 5/20/19)
The board and subcommittees are authorized to conduct inquiries into allegations of violations of this code, including interviewing the subject, taking witness statements, and requesting and reviewing any documentation, including books, papers, records, or any other evidence necessary for the board to perform its duties.
(Ordinance 2019-05-15-01 adopted 5/20/19)
(a) 
Before the board considers a complaint, a subcommittee comprising three (3) board members appointed by the board chairperson will evaluate the matter and submit a preliminary report to the board chairperson pursuant to the process in subsection (f).
(b) 
In response to a complaint, the preliminary report shall:
(1) 
State whether the complaint alleges a violation of a provision of the code; or
(2) 
State whether the complaint fails to state a violation under this code and warrants dismissal by the board.
(c) 
If the preliminary report states that the complaint alleged a violation of a provision of the code, the preliminary report shall include in a recommendation to the board of either a finding that a violation occurred, further consideration by the full board, or dismissal of the complaint. The recommendation must be based on whether reasonable grounds exist demonstrating that a violation of the code occurred. In making this recommendation, the subcommittee may rely upon the allegations within the complaint, accompanying evidence, and any facts revealed during an inquiry conducted by the subcommittee, if any.
(d) 
Subcommittee meetings are not posted or open to the public. Attendance at subcommittee meetings is limited to the three board members appointed to the subcommittee and the city attorney or independent counsel, if one is appointed.
(e) 
The three board members in attendance will choose among themselves one member to serve as acting chairperson. The acting chairperson is responsible for writing the preliminary report, and may seek clerical assistance from the city secretary or guidance from the city manager, city attorney, or independent counsel, if one is appointed.
(f) 
The subcommittee’s acting chairperson shall file the preliminary report to the city secretary, who shall disseminate it to the board chairperson, board members, city attorney, city manager, the subject of the complaint, and the complainant within three (3) business days of the submission.
(g) 
The chairperson, following dissemination of the preliminary report, shall place the preliminary report on a future board meeting agenda.
(Ordinance 2019-05-15-01 adopted 5/20/19)
(a) 
The board shall review and consider the preliminary report and determine whether to accept the recommendation of the subcommittee as the board determination, based on the allegations of the complaint and evidence submitted by the complainant, any inquiry conducted by the subcommittee, and the board’s deliberations. The board chairperson shall submit the board determination to the city secretary, who shall disseminate it to the board members, city attorney, city manager, the subject of the complaint, and the complainant within three (3) business days of the board determination.
(1) 
If the board determination is adverse to the subject, the subject may request a final hearing in writing within ten (10) business days of the board determination. The board determination that a violation occurred becomes a final determination at the expiration of ten (10) business days if the subject does not request a final hearing. The board determination that a violation did not occur is a final determination upon its issuance.
(2) 
The written request for a final hearing must include a summary of the evidence that the subject intends to introduce under oath at the final hearing.
(b) 
As soon as reasonably possible, the board shall conduct a final hearing requested pursuant to this subsection on any complaint that is not dismissed. The board may grant continuances of this hearing upon the request of the board, the subject, or the complainant.
(c) 
At the final hearing, the board may request witnesses to attend and testify, administer oaths and affirmations, take evidence, ask questions of the subject, complainant, and witnesses, and request the production of books, papers, records, or other evidence needed for the performance of the board’s duties or exercise of its powers, including the powers of investigation and inquiry. Failure to comply with these requests becomes part of the material to be considered by the board in making its final determination.
(d) 
The subject and complainant may make a statement to the board. The board may determine the amount of time allotted for this statement. The subject and complainant may have attorneys present. The subject, complainant, and their attorneys are not permitted to cross-examine one another or witnesses at the hearing. However, the subject, complainant, or their attorneys may submit questions for the witnesses to the board chairperson for the board’s consideration. Members of the board may question any witness.
(e) 
The issue at a final hearing is whether a violation of this code has occurred. The board shall make its final determination based on the evidence in the record. If the board determines that a violation has occurred, it shall state its final determination in writing, identify the particular provision(s) of this code which have been violated, if any, and within ten (10) business days submit the final determination to the city secretary. The city secretary shall send the final determination by U.S.P.S. first-class mail, return receipt requested, and electronically if possible, to the complainant and subject within five (5) business days of the submission.
(Ordinance 2019-05-15-01 adopted 5/20/19)
A subject may request that the board reconsider a final determination. To be actionable, a request for reconsideration must:
(1) 
Be written and signed;
(2) 
Be filed with the city secretary within ten (10) business days of the mailing or electronic distribution of the final determination by the city secretary; and
(3) 
Contain new information that was not readily available prior to the board’s issuance of the final determination.
(Ordinance 2019-05-15-01 adopted 5/20/19)
(a) 
Board action.
Upon issuance of a final determination on a complaint, the board may impose the following sanctions on an official who is not an employee:
(1) 
Verbal reprimand issued orally in open session; or
(2) 
Written reprimand.
(b) 
Board recommendations to city council.
In addition to any direct action taken by the board, the board may make a recommendation to the city council. With respect to officials who are not employees, upon issuance of a final determination, the board may recommend to the city council, as applicable, the following sanctions:
(1) 
Verbal reprimand issued orally in open session;
(2) 
Written reprimand;
(3) 
Suspension in the form of a temporary cessation of duties;
(4) 
Forfeiture of office or position;
(5) 
Conditioning of any sanction upon an order directing compliance with specific provisions of this code of ethics;
(6) 
Designation of the subject as ineligible for hiring to any employment position or appointment to commission membership; and/or
(7) 
Instruction that the city prosecutor refers the matter to state or federal law enforcement agencies, as may be appropriate, for possible violations of state or federal law.
(c) 
City council action.
Upon receipt of an ethical determination, the city council may impose the following sanctions upon an official who is not an employee:
(1) 
Verbal reprimand issued orally in open session;
(2) 
Written reprimand;
(3) 
Suspension in the form of a temporary cessation of duties;
(4) 
Forfeiture of office or position;
(5) 
Conditioning of any sanction upon an order directing compliance with specific provisions of this code of ethics;
(6) 
Designation of the subject as ineligible for hiring to any employment position or appointment to commission membership; and/or
(7) 
Instruction that the city prosecutor refers the matter to state or federal law enforcement agencies, as may be appropriate, for possible violations of state or federal law.
(d) 
Sanctions described in subsections (b)(3)–(b)(6) and (c)(3)–(c)(6) do not apply to city councilmembers.
(Ordinance 2019-05-15-01 adopted 5/20/19)
(a) 
Board action.
Upon issuance of a final determination on a complaint, the board may impose the following sanctions on a municipal officer:
(1) 
Verbal reprimand issued orally in open session; or
(2) 
Written reprimand.
(b) 
Board recommendations to city council.
In addition to any direct action taken by the board, the board may make a recommendation to the city council. With respect to municipal officers, upon issuance of a final determination, the board may recommend to the city council, as applicable, the following sanctions:
(1) 
Verbal reprimand issued orally in open session;
(2) 
Written reprimand; or
(3) 
Any other sanction within the purview of the city council.
(c) 
City council action.
Upon receipt of a final determination, the city council may impose the following sanctions upon a municipal officer:
(1) 
Verbal reprimand issued orally in open session;
(2) 
Written reprimand; and/or
(3) 
Any other sanction within the purview of the council.
(Ordinance 2019-05-15-01 adopted 5/20/19)
(a) 
Board action.
Upon issuance of a final determination on a complaint, the board may impose the following sanctions on an employee who is not a municipal officer:
(1) 
Verbal reprimand issued orally in open session; or
(2) 
Written reprimand.
(b) 
Board recommendations to city manager.
In addition to any direct action taken by the board, the board may make a recommendation to the city manager, as applicable, for the following sanctions:
(1) 
Verbal reprimand issued orally in open session;
(2) 
Written reprimand;
(3) 
Suspension in the form of a temporary cessation of duties;
(4) 
Forfeiture of office or position;
(5) 
Conditioning of any sanction upon an order directing compliance with specific provisions of this code;
(6) 
Designation of the subject as ineligible for hiring to any employment position or appointment to commission membership; and/or
(7) 
Instruction that the city prosecutor refer the matter to state or federal law enforcement agencies, as may be appropriate, for possible violations of state or federal law.
(c) 
All of the corrective measures provided in this code for the board and the city council are available for the city manager with respect to employees, and officials appointed by the city manager, subject to the charter and any personnel policies enacted by the city. Nothing herein shall be construed to limit or negate the ability of the city manager to make independent determinations and take separate action regarding employee compliance with this code.
(Ordinance 2019-05-15-01 adopted 5/20/19)
(a) 
Board action.
Upon issuance of a final determination, the board may impose the following sanctions on a vendor:
(1) 
Verbal reprimand issued orally in open session; or
(2) 
Written reprimand.
(b) 
Board recommendations to council.
In addition to any direct action taken by the board, upon issuance of a final determination, the board may make a recommendation to the city council for vendors, as applicable, the following sanctions:
(1) 
Verbal reprimand issued orally in open session;
(2) 
Written reprimand;
(3) 
Declaration that a vendor is ineligible to provide goods or services to the city for one (1) year; and/or
(4) 
Instruction that the city prosecutor refers the matter to state or federal law enforcement agencies, as may be appropriate, for possible violations of state or federal law.
(c) 
City council action.
Upon receipt of a final determination, the city council may impose the following sanctions upon vendors:
(1) 
Verbal reprimand issued orally in open session;
(2) 
Written reprimand;
(3) 
Declaration that a vendor is ineligible to provide goods or services to the city for one (1) year; and/or
(4) 
Instruction that the city prosecutor refer the matter to state or federal law enforcement agencies, as may be appropriate, for possible violations of state or federal law.
(Ordinance 2019-05-15-01 adopted 5/20/19)
Removal of an official for violation of this code shall render the person ineligible to be a commissioner or employee of the city for one (1) year.
(Ordinance 2019-05-15-01 adopted 5/20/19)