(a)
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 or her
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 office holders, 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 such
conduct for all officers, employees and 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 ordinances, city charter
provisions and state statutes defining and prohibiting conflict of
interest.
(b)
This
code of ethics is not intended to be nor shall it be used as a political
weapon to intimidate or embarrass persons affected.
(Ordinance 19-008 adopted 3/11/19)
As used in this division, the following words and terms shall
have the meaning ascribed thereto:
Shall include the annexation committee, the library committee,
the Keep Red Oak Beautiful Committee, the facilities committee, the
marketing committee, and any other ad hoc committee that performs
a primarily advisory function.
Anything reasonably regarded as pecuniary gain or pecuniary
advantage, including benefit to any other person in whose welfare
the beneficiary has a direct and substantial interest. A pecuniary
gain or advantage shall not include insignificant amounts or items
of de minimis value. This policy does not establish dollar limits.
“Insignificant” and “de minimis” shall have
their usual meanings and be subject to interpretation on a case-by-case
basis.
A sole proprietorship, partnership, firm, corporation, holding
company, joint-stock company, receivership, trust, or any other entity
recognized in law.
Every person who declares for or files for any office of
the city to be filled by election.
Any member of the city council and any appointee member of
a board, commission or committee established by the city council,
ordinance, charter or state law; provided, no member of a board, commission
or committee that functions only in an advisory or study capacity
shall be deemed a city official.
Any economic benefit received in return for labor, services,
property, or investment.
Action upon any matter which would constitute a violation
of this code of ethics, Texas Penal Code or Texas Local Government
Code, chapter 171.
Any ordinance, resolution, contract, franchise, formal action
or other matter voted on by the city council or other city board or
commission, as listed. The definition of “city official”
or official, as well as the discussions of deliberations of the council,
board or commission which can or may lead to a vote or formal action
by that body.
Any money, real or personal property, purchase, sale, lease,
contract, option, credit, loan, discount, service, or other tangible
or intangible thing of value, whether similar or dissimilar to those
enumerated, but does not include a thing of dominium’s value.
Any person employed by the city, including those individuals
on a part-time basis but shall not mean any independent contractor
hired by the city.
A sole proprietorship, partnership, limited liability partnership,
firm, corporation, professional corporation, holding company, joint
stock company, joint venture, receivership, trust or any other entity
recognized by law through which business may be conducted.
A knowing or willful misrepresentation or concealment of
any item required to be disclosed by this division.
A person related in the first or second degree of sanguinity
or consanguinity to any person subject hereto.
A favor, hospitality, or economic benefit, other than compensation,
but does not include campaign contributions reported as required by
state law.
A person acts intentionally, or with intent, with respect
to the nature of his conduct to a result of his conduct when it is
his conscious objection 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 conduct or to circumstances surrounding his conduct
when he is aware of the nature of his conduct or that the circumstances
exist. A person acts knowingly, or with knowledge, with respect to
a result of his conduct when he is aware that his conduct is reasonably
certain to cause the result.
An act performed in a prescribed manner and not requiring
the exercise of any judgment or discretion.
An individual, proprietorship, partnership, corporation,
association or other legal entity.
A person has a substantial interest in a business if:
The interest is ownership of ten (10) percent or more of the
voting stock or shares of the business entity or ownership of fifteen
thousand dollars ($15,000.00) or more of the fair market value of
the business entity; or
Funds received by the person from the business entity exceed
ten (10) percent of the person’s gross income for the previous
year.
A person has a substantial interest in real property if the
interest is an equitable or legal ownership with a fair market value
of two thousand five hundred dollars ($2,500.00) or more.
An interest of a person related in the first or second degree
by either affinity or consanguinity to the local public official is
a “substantial interest.”
The person holds a position of member of the board of directors
or other governing body of the business entity.
The person serves as an elected officer of the business entity.
The person is an employee of the business entity.
The person is a creditor, debtor or guarantor of any person,
group or business entity in the amount of five thousand dollars ($5,000.00)
or more.
Property of the person has been pledged to a person, group or
business entity or is subject to a lien in favor of the person, group
or business entity in the amount of five thousand dollars ($5,000.00).
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;
The person has been designated by the city council to serve
on such board;
The person receives no remuneration, either directly or indirectly,
for his service on such board; and
The primary nature of the business entity is either charitable,
nonprofit or governmental.
(Ordinance 19-008 adopted 3/11/19)
The persons subject to the provisions hereof shall be:
(1)
The
members of the city council, including the mayor;
(2)
The
members of any city board, commission or committee established pursuant
to the charter or the ordinances of this city, or the laws of this
state, except members of advisory boards;
(3)
Candidates
for any city elected office;
(4)
All
employees; and
(5)
The
spouse of any person in any of the said categories.
(Ordinance 19-008 adopted 3/11/19)
(a)
City
officials and employees shall not use their position to secure special
privileges and shall avoid situations that could cause any person
to believe that they may have brought bias or partiality to a question
before the council, any board, or decision maker. When an item to
be considered by the council or any board presents a conflict of interest
to a city official, it will be the responsibility of the city official
to make such conflict known to the city attorney and to remove himself/herself
from discussion and voting on the matter. Members of the council will
not condone any unethical or illegal activity. All members of the
council agree to uphold the intent of this policy and to govern their
actions accordingly.
(b)
City
officials and employees shall strive to recognize its responsibility
to future generations by addressing the interrelationship of the social,
cultural, and physical characteristics of the community when making
policies.
(c)
City
officials and employees shall make a commitment to improve the quality
of life for the individual and the community and be dedicated to the
faithful stewardship of the public trust.
(d)
City
officials and employees shall continue to be dedicated to friendly
and courteous relationships with staff, other city officials and the
public, and shall seek to improve the quality and image of public
service.
(Ordinance 19-008 adopted 3/11/19)
(a)
No
person subject hereto shall knowingly solicit or accept, from any
source, any compensation, gift, favor, service, economic benefit,
or thing of value, including a promise of future employment, in consideration
of any person subject hereto of exercising or having exercised any
official power or performing or having performed any official duty
on behalf of the city.
(b)
No
person subject hereto shall knowingly use city facilities, personnel,
equipment, or supplies, or utilize any confidential information concerning
the property, operations, policies or affairs of the city, for his
or her private financial gain or economic benefit.
(c)
No
person subject hereto shall knowingly be an interested party to any
exchange, purchase, or sale of property, goods, or services with the
city, or enter into any contract with the city, except in full and
impartial compliance with statutes, city charter, ordinances and regulations
applicable thereto and subject to any restrictions of the charter
of the city; and, provided further, that such persons shall receive
no favor or special concession or inducement not customarily available
and granted by the city in such a transaction; and provided further,
that any discretion by officers or employees of the city, in connection
with any such transaction shall be exercised impartially and upon
the same standards applied to all city citizens.
(d)
No
person subject hereto shall knowingly appear and serve as a designated
spokesperson or representative for, or represent, another person or
persons, or any group or entity in their presentations before the
city council or any city department, agency, commission or board,
except in the official discharge of their official duties; provided,
however, that this shall not be construed to preclude city council
members, during council debate, from expressing their views or personal
statements of advocacy for or against any issue pending before the
council.
(e)
No
person subject hereto shall knowingly represent, directly or indirectly,
another person, or any group or entity in any action or proceeding
against the interests of the city or in any litigation in which the
city or any department, agency, commission or board thereof is a party.
(f)
No
person subject hereto shall knowingly represent, directly or indirectly,
another person, or any group or entity in any action or proceeding
in the municipal courts of this city which was instituted by a city
officer or employee in the course of official duties, or in any criminal
proceeding in which any city officer or employee is a material witness
for the prosecution.
(g)
A
person subject hereto who serves as a corporate officer or member
of the board of directors of a nonprofit entity may not participate
in a vote or decision regarding funding by or through the city for
the entity, if said official receives any fee, compensation or other
monetary payment form the entity, unless the city council appointed
such city official to the board of directors or such corporate office.
(h)
Nothing
in this division shall prohibit the city council from participating
in a vote or decision relating to salaries, terms of office or travel
budgets of city council member.
(i)
No
person subject hereto shall use his official position to secure confidential
information for any purpose other than official responsibilities.
(j)
No
person subject hereto shall use city facilities, personnel, equipment
or supplies for private purposes, except to the extent such are customary,
incidental or lawfully available to the public.
(k)
No
city official shall interfere with the city manager’s administrative
duties of appointment to and removal of persons from employment with
the city. Nor shall private directives be made to city staff. City
officials shall refrain from dealing directly with employees other
than the city manager regarding employment or personnel matters.
(l)
The
restrictions in this section do not prohibit the following:
(1)
A city employee or member of a city board or commission (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;
(2)
A city employee or officer of an employee organization appearing
before the city council or a city department, agency, board or commission
to address employment matters;
(3)
Otherwise eligible city employees or their spouses from participating
in federal or state-funded programs administrated through the city
where the benefits of such programs are available to eligible members
of the general public and where the city employee has no administrative,
evaluative or decision-making authority concerning the program in
which he or she wishes to participate;
(4)
Rendering service to the city as an officer, employee or advisory
board member;
(5)
The paying of taxes, fines, utility service or filing fees, or contesting
the valuation of property or ad valorem tax purposes;
(6)
Subject to restrictions contained in the charter of the city, executing
and performing any community facilities contract 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 exercises in favor of the city in connection with any such
community facilities contract or plat; or
(7)
Purchasing goods or services from the city or selling goods and services
to the city in full compliance with all applicable state and local
laws.
(Ordinance 19-008 adopted 3/11/19)
(a)
If any city official, employee or board member has a substantial interest in any person, group or business entity, or real property involved in any decision pending before such officer, employee, or board member, or the body of which he or she is a member, such officer, employee, or board member shall disclose such interest as provided in subsection (c) below and shall not vote or otherwise participate in the consideration of the matter.
(1)
A decision concerning real property in which the officer, employee
or board member has a substantial interest if it is not reasonably
a foreseeable that such decision would have a special economic effect
on the value of the property, distinguishable from the effect on the
public (see section 171.004, Texas Local Government Code). This section
shall not require disclosure on matters affecting the entire city.
(b)
A
city official, employee, or board member shall disclose the existence
of any substantial interest in any person, business entity or real
property involved in any decision pending before such officer, employee,
or board member, or the body of which he is a member. To comply with
this subsection, a city official or advisory board member 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 of the city secretary the nature of the interest.
To comply with this subsection, a city employee shall notify his superior
in writing of the nature of any substantial interest he may have in
a person, business entity or real property which would be affected
by an exercise of discretionary authority by the city employee and
such superior shall assign the matter to another employee.
(c)
Where
the interest of a city official in the subject matter of a vote or
decision is remote or incidental, the city official may participate
in the vote or decision and need not disclose the interest.
(1)
“Remote interest” means an interest of a person or entity,
including a city official, who would be affected in the same way as
the general public. The interest of a councilmember in the property
tax rate, general city fees, city utility charges or a comprehensive
zoning ordinance or similar decisions is incidental to the extent
that the councilmember would be affected in common with the general
public.
(2)
“Incidental interest” means an interest in a person,
entity or property which is not a substantial interest, and which
has insignificant value, or which would be affected only in a de minimis
fashion by a decision. This division does not establish dollar limits
on the terms “insignificant value” and “de minimis”
which shall have their usual meanings and be subject to interpretation
on a case-by-case basis.
(Ordinance 19-008 adopted 3/11/19)
The failure of a candidate for city office, city official, board
member or the city manager to comply with, or the violation by such
officer of, any of the applicable standards of conduct set forth herein,
shall constitute, in addition to any other penalties and forfeitures
that may be provided by law, grounds for public censure and reprimand
by the city council. Such decision or censure and/or reprimand shall
be made only upon the affirmative vote of all members of the city
council, excluding only those councilmembers who are the subject of
any inquiry. An employee who violates this code shall be subject to
discipline, up to and including termination, according to city personnel
policies.
(Ordinance 19-008 adopted 3/11/19)
