For the purpose of this code of ethics and conduct, the following
words and phrases shall have the meanings ascribed to them by this
section:
means a board, commission or committee of the city that functions
only in an advisory or study capacity.
means a sole proprietorship, partnership, firm, corporation,
association, holding company, joint stock company, receivership, trust,
or any other entity recognized by law.
means any person employed by the city, including those individuals
on a part-time basis, but such term shall not be extended to apply
to any independent contractor.
means a person related to another person within the first
degree by consanguinity or affinity, as described by subchapter B,
chapter 573, Government Code.
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 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
is aware that his or her conduct is reasonably certain to cause the
result.
means any member of the city council, the planning and zoning
commission, the city economic development corporation, the board of
adjustment, the building standards commission, or the city historical
commission and any member of a board, commission or committee established
by ordinance, charter or state law that has final approval authority
over any application, permit, license, or other city approvals; provided
no member of an advisory board shall be deemed an officer of the city.
A person has a substantial interest in a business entity if:
The interest is ownership of ten (10) percent of more of the
voting stock or shares of the business entity or ownership of either
ten (10) percent or more or fifteen thousand dollars ($15,000.00)
or more of the fair market value of the business entity (see section
171.002, Texas Local Government Code); or
Funds received by the person from the business entity exceed
ten (10) percent of the person’s gross income for the previous
year (see section 171.002, Texas Local Government Code); or
The person holds a position of member of the board of directors
or other governing board of the business entity; or
The person serves as an elected officer of the business entity;
or
The person serves as an employee of the business entity; or
The person is a creditor, debtor or guarantor of the business
entity in the amount of fifteen thousand dollars ($15,000.00) or more;
or
Property of the person has been pledged to the business entity
or is subject to a lien in favor of the business entity in the amount
of fifteen thousand dollars ($15,000.00) or more.
A person does not have a substantial interest in a business
entity if:
The person holds a position as a member of the board of directors
or other governing board of a business entity; and
The person has been designated by the city council to serve
on such board; and
The person receives no remuneration, either directly or indirectly,
for his or her service on such board; and
The primary nature of the business entity is either charitable,
nonprofit or governmental.
A person has a substantial interest in real property if the
interest is an equitable or legal ownership interest with a fair market
value of two thousand five hundred dollars ($2,500.00) or more (see
section 171.002, Texas Local Government Code).
A person has a substantial interest under this article if the
person’s family member has a substantial interest under this
article (see section 171.002, Texas Local Government Code).
(Ordinance 2010-018, sec. 2, adopted 5/10/10; 1988 Code, sec. 2-300)
It is hereby declared to be the policy of the city that the
proper operation of democratic government requires that public officials
and employees be independent, impartial and responsible only to the
people of the city; that governmental decisions and policy should
be made in the proper channels of the governmental structure; that
no officer, employee or member of any board, commission or committee
should have any interest, financial or otherwise, direct or indirect,
or engage in any business, transaction or professional activity or
incur any obligation of any nature which is in conflict with the proper
discharge of his duties in the public interest; that public office
and public employment are positions of public trust imposing the duty
of a fiduciary upon all employees and officeholders who are not to
use their public position for personal gain; and that the public should
have confidence in the integrity of its government. To implement such
a policy, the city council deems it advisable to enact this code of
ethics and conduct for all officers, employees and advisory board
members, 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. This code of ethics and conduct is cumulative of other
city ordinances, civil service rules, personnel policies, city charter
provisions and state statutes defining and prohibiting conflict of
interest.
(Ordinance 2010-018, sec. 2, adopted 5/10/10; 1988 Code, sec. 2-301)
(a)
Except
where otherwise provided by state law, it is not the intent of this
article that violations of this article be subject to criminal penalties.
(b)
Whenever
the city council has determined that any officer or advisory board
member has violated any provision of this article, such officer or
advisory board member shall be subject to admonishment or censure.
The city council may remove from office any officer or advisory board
member (other than a city council member) from their position for
violating any provision of this article. Any complaint or charge against
a city employee for violating this article shall be referred to the
city manager for further investigation and/or discipline in accordance
with the city’s personnel policies.
(c)
The
city council may exempt from the provisions of this article any conduct
found to constitute a violation by an officer, employee or advisory
board member if it finds that the enforcement of this article with
respect to such conduct is not in the public interest.
(d)
In
administering this code of ethics and conduct, the city council shall
examine all complaints received, but they may dismiss frivolous or
unsubstantiated complaints.
(e)
Any
contract or transaction which was the subject of an official act or
action of the city in which there is an interest prohibited by this
article, or which involved the violation of a provision of this article,
shall be voidable at the option of the city council.
(Ordinance 2010-018, sec. 2, adopted 5/10/10; 1988 Code, sec. 2-302)
(a)
No
city officer, employee or advisory board members, or their spouses,
shall knowingly:
(1)
Accept or solicit any gift, favor, service or thing of value from
any person, group or business entity, including a promise of future
employment, that might reasonably tend to influence him in the discharge
of his or her official duties or that the officer, employee or advisory
board member knows or should know is being offered with the intent
to influence the officer’s or employee’s official conduct.
This prohibition shall not apply to:
(A)
An occasional nonpecuniary gift, insignificant in value;
(B)
An award publicly presented in recognition of public service;
(C)
Any gift which would have been offered or given to the officer, employee
or advisory board member or his or her spouse if he/she were not a
city officer, employee or advisory board member; or
(D)
Any travel and related expenses to attend ceremonial functions, provided
that such acceptance and attendance have been approved by the city
council prior to the occurrence of the ceremonial function;
(2)
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;
(3)
Knowingly make an unauthorized disclosure of any confidential information
gained by reason of the position of the officer, employee or advisory
board member concerning property, operations, policies or affairs
of the city, or use such confidential information to advance any personal
interest, financial or otherwise, of such officer, employee or advisory
board member, or others. This subsection shall not preclude disclosure
of such confidential information in connection with any investigation
or proceeding regarding whether there has been a violation of the
standards of conduct set forth in this code;
(4)
Use one’s position or office of employment or city facilities,
personnel, equipment or supplies to secure special privileges or exemptions
for himself or others or for the private gain of the city officer,
employee, advisory board member or his or her spouse;
(5)
Hold himself/herself out as representing the city in any capacity
other than that for which he was appointed, elected or hired;
(6)
Engage in or accept private employment or render a service when such
employment or service is incompatible with the proper discharge of
his or her official duties or would tend to impair his or her independent
judgment in the performance of his or her official duties;
(7)
Make or permit the unauthorized use of city-owned vehicles, equipment,
materials or property;
(8)
Grant any special consideration, treatment or advantage to any citizen
beyond that which is available to every other citizen;
(9)
After termination of service or employment with the city, appear
before any board or commission of the city in relation to any case,
proceeding or application in which he or she personally participated
or which was under his or her active consideration, during the period
of his or her service or employment;
(10)
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;
(11)
Knowingly perform or refuse to perform any act in order to deliberately
thwart the execution of city ordinances, rules or regulations or the
achievement of official city programs.
(b)
No
city council member, city employee or their spouse shall knowingly:
(1)
Engage in any exchange, purchase or sale or lease of property, goods
or services with the city, except:
(A)
Rendering services to the city as a city council member, or employee;
(B)
Paying taxes, fines, utility service or filing fees;
(C)
Executing and performing any developer’s agreement or plat
in compliance with laws and regulations applicable to any person;
provided, however, that if any city ordinance, rule or regulation
allows any discretion by the appropriate officers or employees of
the city in the interpretation or enforcement of such ordinance, rule
or regulation, any such discretion shall be exercised in favor of
the city in connection with any such developer’s agreement or
plat;
(2)
Transact any business in his or her official capacity with the city
with a business entity in which he/she had a substantial interest.
(c)
No
officer, advisory board member or city employee shall knowingly represent,
directly or indirectly, any person, group or business entity:
(1)
Before the city council or any department, agency, board or commission
of the city;
(2)
In any action or proceeding against the interests of the city or
in any litigation in which the city or any department, agency, board
or commission thereof is a party; or
(3)
In any action or proceeding in the municipal courts of the city which
was instituted by a city officer or employee in the course of his
or her official duties, or a criminal proceeding in which any city
officer or employee is a material witness for the prosecution.
(d)
The
restrictions in this section do not prohibit the following: A city
employee, officer or advisory board member (other than city council),
or his or her spouse, appearing before the city council or a city
department, agency, board or commission to represent himself or herself
in a matter affecting his or her property; provided, however, that
no such person, or his or her spouse, shall appear before the board
or commission of which he or she is a member.
(e)
The
restrictions in this section do not apply to business associates of
officers, employees, or advisory board members, but only personally
to the officers, employees and advisory board members.
(Ordinance 2010-018, sec. 2, adopted 5/10/10; Ordinance 2011-025, sec. 2, adopted 7/25/11; 1988
Code, sec. 2-303)
(a)
If any city officer, employee or advisory board member has a substantial interest in a business entity or real property involved in any decision pending before such officer, employee or advisory board member, or the body of which he or she is a member, such officer, employee or advisory board member shall disclose such interest as provided in subsection (b) below and shall abstain from further discussion and voting on 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 its effect on the public; or
(2)
In the case of 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)
A
city officer, employee or advisory board member shall disclose the
existence of any substantial interest in a business entity or real
property involved in any decision pending before such officer, employee
or advisory board member [and] shall, prior to any discussion or determination
of the matter, either file an affidavit of disclosure as required
by section 171.004 of the Texas Local Government Code, or, if not
so required, shall publicly disclose in the official records of the
body or of the city clerk the nature of the interest. To comply with
this subsection, a city employee shall notify his or her superior
and the director of human resources in writing of the nature of any
substantial interest he may have in a business entity or real property
which would be affected by an exercise of discretionary authority
by the city employee. The employee’s superior shall assign the
matter to another employee.
(Ordinance 2010-018, sec. 2, adopted 5/10/10; 1988 Code, sec. 2-304; Ordinance adopting 2021 Code)
(a)
A
local government officer shall file a conflicts disclosure statement
with respect to a person described by section 176.002(a) of the Texas
Local Government Code if:
(1)
The person enters into a contract with the local governmental entity
or the local governmental entity is considering entering into a contract
with the person; and
(2)
The person:
(A)
Has an employment or other business relationship with the local government
officer or a family member of the officer that results in the officer
or family member receiving taxable income, other than investment income,
that exceeds two thousand five hundred dollars ($2,500.00) during
the twelve-month period preceding the date that the officer becomes
aware that:
(B)
Has given to the local government officer or a family member of the
officer one (1) or more gifts that have an aggregate value of more
than two hundred fifty dollars ($250.00) in the twelve-month period
preceding the date the officer becomes aware that:
(b)
A
local government officer is not required to file a conflicts disclosure
statement in relation to a gift accepted by the officer or a family
member of the officer if the gift is:
(c)
A local government officer shall file the conflicts disclosure statement with the records administrator of the local governmental entity not later than 5:00 p.m. on the seventh business day after the date on which the officer becomes aware of the facts that require the filing of the statement under subsection (a).
(d)
A
local government officer commits an offense if the officer knowingly
violates this section. An offense under this subsection is a class
C misdemeanor.
(Ordinance 2010-018, sec. 2, adopted 5/10/10; 1988 Code, sec. 2-305)
(a)
The
city council shall have the primary responsibility for the enforcement
of this article as it relates to officers and members of city boards,
commissions, and committees. The city manager shall have the primary
responsibility for the enforcement of this article as it relates to
employees. The city council may direct the city attorney to investigate
any apparent violation of the code by an officer or member of city
boards, commissions, and committees or it may employ or appoint any
qualified attorney to investigate any violation or series of violations
of this code by any officer or member of city boards, commissions,
and committees.
(b)
Any person who believes that a violation by an officer or member of city boards, commissions and committees of any portion of the code has occurred may file a complaint with the city council, who may then proceed as provided in subsection (a) above. Any person who believes that an employee has violated any portion of the code must follow procedures as identified in the city’s personnel policies and procedures manual. However, nothing in this code shall be construed to prevent complainants from instituting direct legal action through the appropriate judicial authority.
(Ordinance 2010-018, sec. 2, adopted 5/10/10; 1988 Code, sec. 2-306)
(a)
Where
any officer, employee or advisory board member 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 in this article, he may apply
to the city attorney for an advisory opinion. The officer, employee
or advisory board member shall have the opportunity to present his
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,
the city council, and the city attorney in any subsequent actions
concerning the public officer, employee or advisory board member who
sought the opinion and acted on it 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 2010-018, sec. 2, adopted 5/10/10; 1988 Code, sec. 2-307)
Each officer, employee and advisory board member of the city,
elected, hired or appointed, shall be furnished a copy either electronically
(if requested) or in hard copy before entering upon the duties of
his office or employment and shall sign a written statement acknowledging
receipt of the copy. A copy of this article shall be furnished to
each officer, employee and advisory board member each year.
(Ordinance 2010-018, sec. 2, adopted 5/10/10; 1988 Code, sec. 2-308)
