(a) 
It is the policy of the city that the proper operation of democratic government requires that city officials be independent, impartial and responsible to the people; that governmental decisions and policy be made in proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government. In recognition of these goals, a code of ethics for all city officials is adopted.
(b) 
This code of ethics has four purposes:
(1) 
To encourage high ethical standards in official conduct by city officials;
(2) 
To establish guidelines for ethical standards of conduct for all such officials by setting forth those acts or actions that are incompatible with the best interests of the city;
(3) 
To require disclosure by such officials, candidates, [and appointees] of private financial or other interests in matters affecting the city; and
(4) 
To serve as a basis for disciplining those who fail to abide by its terms.
(c) 
The provisions of this article shall not apply to political contributions, loans, expenditures, reports or regulation of political campaigns, or the conduct of candidates in such campaigns, except as expressly provided herein.
(2007 Code, sec. 9.02.001)
Appears before.
A person appears before the city council or advisory board/commission when such person publicly states his name and address, signs a sheet provided at the podium for that purpose, and addresses the council or advisory board/commission.
Appointee.
Persons appointed or confirmed by the mayor or city council to any city board or commission; provided, however, for purposes of this definition, the term “appointee” does not include municipal judges.
Business dealings.
Any activity involving the exchange of economic benefits.
Business entity.
Any corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, holding company, joint stock company, receivership, trust, or any legal entity organized for profit.
Candidate.
Every person who declares for or files for any office of the city to be filled by election.
City official.
The mayor, and every member of the city council.
Compensation.
Any economic benefit received in return for labor, services, property, or investment.
Economic benefit.
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.
Family member.
The spouse, parent or child of a city official or appointee and the parents of a spouse of a city official or appointee.
Gift.
A favor, hospitality, or economic benefit other than compensation, but which does not include campaign contributions reported as required by state law, gifts received from a relative if given on account of kinship, or any value received by will, intestate succession, or as a distribution from an inter vivos or testamentary trust established by a spouse or ancestor.
Identification.
For a natural person, the person’s name, street address, city and state; for any entity other than a natural person, the name, address, city and state of the entity’s principal location or place of business, the type or nature of the entity, the date on which it came into existence, the state of incorporation, if any, and the names of the partners or trustees, if any.
Income.
Any economic benefit received.
Intentionally.
A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.
Knowingly.
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.
Pecuniary gain.
Any use, benefit or thing of value that can be valued in money.
Source of income.
Any business entity, employment, investment, or activity which earned or produced income, including interest, dividends, royalties or rents, which has been paid to or for the credit of a city official, candidate or family member or which would be taxable to said city official, candidate or family member under the United States Internal Revenue Code, as amended, even though not actually paid or credited.
Substantial interest.
A person has a substantial interest in a business entity if he and/or a family member:
(1) 
Owns ten percent (10%) or more of the voting stock or shares of the business entity;
(2) 
Owns ten percent (10%) or more or $15,000.00 or more of the fair market value of the business entity; or
(3) 
Funds received from the business entity exceed ten percent (10%) or more of the person’s gross income for the previous year.
A person has a substantial interest in real property if he, his parent or child, or if married his spouse or his spouse’s parent, controls or has an interest in the property and the interest has a market value of $2,500.00 or more.
(2007 Code, sec. 9.02.002)
(a) 
Gifts.
No city official or appointee shall intentionally or knowingly solicit or accept any contribution, gift, or economic benefit with actual or constructive knowledge that same is:
(1) 
Offered or given with intent to influence the judgment or discretion of such official; or
(2) 
Given in consideration of the favorable exercise of such official’s judgment or discretion in the past.
(b) 
General provisions.
(1) 
No city official or appointee shall intentionally or knowingly disclose any confidential information gained by reason of said official’s or appointee’s position concerning the property, operations, policies or affairs of the city, or use such confidential information for the pecuniary gain of said official or appointee, or others.
(2) 
No city official or appointee shall intentionally or knowingly use one’s official position or city-owned facilities, equipment, or supplies for the pecuniary gain or advantage of said official or appointee, or use city-owned vehicles, printing facilities, postage facilities or long-distance telephone service for personal reasons, for pecuniary gain or advantage, or in any political campaign.
(3) 
Except as otherwise specifically authorized by ordinance, no city official or appointee shall intentionally or knowingly appear before the body of which the official is a member while representing himself, or any other person, group, association, interest, or business entity.
(4) 
No city official or appointee shall intentionally or knowingly represent directly or indirectly any private person, group, or interest other than himself or a family member before any department, agency, commission or board of the city for economic benefit or pecuniary gain.
(5) 
No city official or appointee shall vote on or participate in any decision-making process if the official or appointee has a direct financial interest in the outcome of the matter under consideration. No city official or appointee shall vote on or participate in any decision-making process on any matter concerning real property or a business entity if the city official or appointee has a substantial interest in the business entity or real property.
(6) 
None of the foregoing shall be construed to prohibit any city official or appointee from representing his interest in his owner-occupied homestead before the council, board, commission or any department except for the body of which the official or appointee is a member.
(7) 
In any action or proceeding in the municipal court of the city which was instituted by a city official or appointee in the course of official duties, no city official shall knowingly represent anyone other than himself or a family member. If a councilmember elects to have a trial in municipal court, the city council, without the participation of the affected councilmember, shall appoint a special judge to preside over the trial.
(8) 
No city official or appointee shall act as a surety for any person or business entity that has any contract with the city, or on any bond required by the city for any city official or appointee.
(2007 Code, sec. 9.02.003)
(a) 
If any city official or appointee has a substantial interest in any real property or business entity involved in any decision pending before the body of which the city official or appointee is a member, the city official or appointee shall not vote or otherwise participate in the consideration of the matter.
(b) 
In the case of a city official or appointee, the city official or appointee shall publicly disclose, verbally or in writing, the nature and extent of such interest to the body on which the city official or appointee serves prior to any discussion or determination of the matter to be considered or immediately upon discovery of the conflict of interest. The statement of disclosure shall be included in the official minutes of the body.
(c) 
Within thirty (30) days of being appointed to the planning and zoning commission or board of adjustment and on each anniversary of that date, each member of such commission shall file with the city secretary a sworn statement identifying by street address and legal description all real property located within the city or its extraterritorial jurisdiction in which the member has a substantial interest.
(d) 
Any person who appears before the city council or commission who has had business dealings in the immediately preceding twelve-month-period involving one or more transactions of five hundred dollars ($500.00) or more each, for a total of twenty-five hundred dollars ($2,500.00) or more, with a councilmember, commissioner, or business entity in which a councilmember or commissioner has a substantial interest, shall disclose such business dealings at the time of the appearance. Any person who shall intentionally or knowingly fail to make the aforesaid disclosure shall be guilty of a misdemeanor and shall be fined in accordance with section 1.01.009 of this code.
(Ordinance O-19-12-05-11D adopted 12/5/19)
(a) 
An ethics review commission (commission) is hereby established, to be composed of seven members, all of whom shall reside in the city.
(b) 
Each commission member shall be appointed by the city council and shall occupy a position on the commission, such positions being numbered 1 through 7.
(c) 
The commission members shall be appointed to three-year terms.
(d) 
All vacancies shall be filled for the unexpired term. A member shall hold office until his successor has been appointed by the city council.
(e) 
The commission shall elect a chairman and a vice-chairman to one-year terms. The vice-chairman shall act as chairman in the absence of the chairman.
(f) 
The commission shall meet at least once a year to review this article and may make recommendations to the city council for amendments thereto.
(g) 
The commission shall render advisory opinions on potential conflicts of interest or violation of this article at the request of a city official subject to the terms of this article. Such advisory opinion shall be rendered within a reasonable time, but in no event later than thirty (30) days after a request therefor is received by the commission.
(h) 
It shall be a defense to an alleged violation of this article that the person accused previously requested an advisory opinion of the commission and acted on such opinion in good faith, unless material facts were omitted or misstated by the person requesting the opinion. Such advisory opinion shall also be binding on the commission in any subsequent charges concerning the person requesting the opinion.
(i) 
Independent legal counsel shall be utilized to advise the commission and participate in hearings. The city council shall annually designate and retain independent counsel, who shall be a duly licensed attorney in the state.
(Ordinance O-19-12-05-11D adopted 12/5/19)
(a) 
Form of complaint.
A sworn complaint based on personal knowledge alleging a violation(s) of this article shall specify the provision(s) of this article alleged to have been violated, and shall name the city official, candidate, or appointee being charged.
THE STATE OF TEXAS:
COUNTY OF WILLIAMSON:
TO: THE ETHICS REVIEW COMMISSION OF THE CITY OF HUTTO, TEXAS:
COMES NOW (complainant), and makes this complaint, UPON HIS/HER PERSONAL KNOWLEDGE AND UNDER OATH against (name of person complained against), and would show the Commission that:
On or about the __________ day of __________, 200_, (insert date of the action, or omission, complained of)
__________
(name of person complained against)
a/an (insert appropriate designation; city official, candidate, board or commission member) of the City of Hutto, Texas, violated the following provision(s) of chapter 2, article 2.05, Code of Ordinances, City of Hutto, Texas, to wit: (specify by section, subsection and paragraph number the provision(s) alleged violated) by committing the following act, or omission, to wit:
____________________
____________________
____________________
(Describe above, the action, or omission, alleged to violate each code provision cited. You may attach additional pages if more space is required.)
(b) 
Effect of complaint; complaints filed on initiative of commission or by member of commission.
Upon the aforesaid sworn complaint of any person being filed with the city secretary’s office, or on its own initiative, the commission shall consider possible violations of this article by city officials, candidates and appointees. A complaint shall not be deemed to be filed on the initiative of the commission save and except the complaint be signed and sworn to by two (2) members of the commission, one of whom is the chairman of the commission, after consultation with the legal counsel of the commission. A complaint filed by an individual member of the commission shall be deemed to have been filed in the commission member’s capacity as a private citizen and, in such event, the member of the commission filing the complaint shall not thereafter participate in a commission meeting at which such complaint is considered save and except that the commissioner filing the complaint may participate as a complainant at such meeting.
(c) 
Time limit for filing complaint.
A complaint alleging a violation of this article must be filed with the city secretary within two (2) years from the commission of the action alleged as a violation, and not afterward.
(d) 
Receipt of complaint; distribution of copies; notifications.
Not later than three (3) working days after the city secretary receives a sworn complaint, the city secretary shall acknowledge the receipt of the complaint to the complainant, and provide a copy of the complaint to the city attorney, the independent counsel, the commission and the person complained against. Not later than ten (10) working days after receipt of a complaint, the commission shall notify in writing the person who made the complaint and the person complained against of a date for a preliminary hearing. If the commission does not hold a preliminary hearing within twenty (20) working days of receipt of the complaint, it shall notify the person who made the complaint of the reasons for the delay and shall subsequently give him the appropriate notification.
(e) 
Procedure when complaint filed by commission.
The commission may consider possible violations of this article on its own initiative. Within seven (7) days of the commission’s decision to consider a possible violation of this article, the commission shall draft a written complaint specifying the provision(s) of this article alleged to have been violated and shall file a copy with the city secretary, and provide a copy to the city attorney, the independent counsel, and the person complained against. Not later than fifteen (15) days after the drafting of the complaint, the commission shall notify in writing the person complained against of the date for the preliminary hearing.
(f) 
Communications by commission members.
After a complaint has been filed and during the pendency of a complaint before the commission, a member of the commission may not communicate directly or indirectly with any party or person about any issue of fact or law regarding the complaint, except at a meeting of the commission; provided that a member may consult with the attorney or the staff liaison for the commission as to process, procedure and legal issues.
(g) 
Preliminary hearing.
As soon as reasonably possible, but in no event more than sixty (60) days after receiving a complaint, the commission shall conduct a preliminary hearing.
(1) 
The issue at a preliminary hearing shall be the existence of reasonable grounds to believe that a violation of this article has occurred. The person filing a complaint, or the independent counsel in cases considered upon the commission’s own initiative, shall state the alleged violation and shall describe in narrative form the testimony and other evidence which would be presented to prove the alleged violation as stated in the written complaint. Statements at a preliminary hearing shall be under oath, but there shall be no cross-examination or requests for persons or evidence issued for the hearing. Members of the commission may question the complainant, the independent counsel for the commission, or the city official or appointee named in the complaint.
(2) 
The city official or appointee named in the complaint shall have the opportunity to respond but is not required to attend or make any statement. The official or appointee may describe in narrative form the testimony and other evidence which would be presented to disprove the alleged violation. If the official or appointee agrees that a violation has occurred, he may so state and the commission may consider the appropriate sanction.
(3) 
The complainant and the city official or appointee named in the complaint shall have the right of representation by counsel.
(4) 
At the conclusion of the preliminary hearing, the commission shall decide whether a final hearing should be held; provided the commission may proceed to determine the appropriate sanction if the charged city official or appointee does not object and admits the charged violation, and the commission determines that there are no fact issues to be resolved. If the commission determines that there are reasonable grounds to believe that a violation of this article has occurred, it shall schedule a final hearing. If the commission does not determine that there are reasonable grounds to believe that a violation of this article has occurred, the complaint shall be automatically dismissed. A decision to conduct a final hearing is not a finding that a violation has occurred.
(5) 
The commission, at any time during the preliminary hearing, may also dismiss a complaint if the complaint does not allege conduct which would be a violation of this article. Before a complaint is dismissed for failure to allege a violation, the complainant shall be permitted one opportunity, within ten (10) days of such preliminary hearing, to revise and resubmit the complaint.
(6) 
The complainant, the independent counsel, and the city official or appointee named in the complaint may ask the commission at a preliminary hearing to request certain persons and evidence for a final hearing, if one is scheduled.
(h) 
Final hearing.
(1) 
The final hearing shall be held as expeditiously as possible following the determination by the commission that there are reasonable grounds to believe that a violation of this article has occurred, but in no event shall it be held more than thirty (30) days after said determination. The commission may grant two (2) postponements, not to exceed fifteen (15) days each, upon the request of the city official or appointee named in the complaint.
(2) 
The issue at a final hearing shall be whether a violation of this article has occurred. The commission shall make its determination based on clear and convincing evidence in the record. All witnesses shall make their statements under oath. If the commission determines that a violation has occurred, it shall state its findings in writing, shall identify the particular provision(s) of this article which have been violated, and within five (5) working days shall deliver a copy of the findings to the complainant, if any, the person named in the complaint and the city secretary.
(3) 
If a complaint proceeds to a final hearing, the commission may request witnesses to attend and testify, administer oaths and affirmations, take evidence and request the production of books, papers, records, or other evidence needed for the performance of the commission’s duties or exercise of its powers, including its duties and powers of investigation.
(i) 
Sanctions.
(1) 
If the commission determines that a violation of this article has occurred, it shall proceed directly to determination of the appropriate sanction(s). A violation of this article shall not be subject to criminal penalties under the city code. The commission may receive additional testimony or statements before considering sanctions but is not required to do so. If the city official or appointee named in the complaint acted in reliance upon a written opinion of the city attorney, the commission shall consider that fact.
(2) 
If the commission determines that a violation has occurred, it may impose or recommend the following sanctions:
(A) 
A letter of notification shall be the appropriate sanction when the violation is clearly unintentional, or when the official’s or appointee’s conduct complained of was made in reliance on a written opinion of the city attorney. A letter of notification shall advise the official or appointee to whom it is directed of any steps to be taken to avoid future violations. The commission may direct a letter of notification to any official or appointee covered by this article.
(B) 
A letter of admonition shall be the appropriate sanction in those cases in which the commission finds that the violation is minor and/or may have been unintentional but calls for a more substantial response than a letter of notification. The commission may admonish any official or appointee covered by this article.
(C) 
A reprimand shall be the appropriate sanction when the commission finds that a violation has been committed intentionally or through disregard of this article. The commission may reprimand any official or appointee covered by this article. A reprimand directed to a city official or board or commission member shall also be sent to the city council. A letter of reprimand directed to a city official or appointee shall be transmitted to the city secretary and published in the official newspaper of the city, and shall be sent to the city council.
(D) 
A letter of censure shall be the appropriate sanction when the commission finds that a serious or repeated violation(s) of this article has been committed intentionally or through culpable disregard of this article by a city official or appointee. A letter of censure directed to an elected city official shall be transmitted to the city secretary, published in the official newspaper of the city and shall be sent to the city council.
(Ordinance O-19-12-05-11D adopted 12/5/19)
Notwithstanding any other term or provision in this article, as used in this division:
Candidate for municipal office.
Shall include, unless otherwise provided in this division, any person who files for election or appointment to a position as the mayor, member of city council, city manager, city attorney, member of the HEDC board of directors, the HEDC coordinator, members of an LGC board of directors, and members of a TIRZ board of directors.
City official.
Shall include the mayor, members of city council, city manager, city attorney, members of the Hutto Economic Development Corporation (“HEDC”) board of directors, the HEDC coordinator, members of a Local Government Corporation (“LGC”) board of directors, and members of a tax increment reinvestment zone (“TIRZ”) board of directors.
Deliver.
Shall include transmitting by mail, personal delivery, or e-mail or any other means of electronic transfer.
(Ordinance O-19-12-05-11D adopted 12/5/19)
(a) 
A city official or candidate for municipal office shall file a financial statement as required by this division.
(b) 
The statement must be filed with the city secretary.
(Ordinance O-19-12-05-11D adopted 12/5/19; Ordinance O-2023-024 adopted 4/20/2023)
(a) 
Upon passage of this division, the first city officials required to file the financial statement required by this division, shall file by not later than December 15, 2019, reflecting the city official’s financial situation as of December 1st of the current year and financial activity between January 1, 2019 and December 1, 2019 (“initial filing”). After the initial filing, a city official shall file in accordance with subsection (b) of this section.
(b) 
A city official shall file the financial statement as required by this division by not later than February 28th of each year reflecting the city official's financial situation as of December 31st of the previous year and financial activity between January 1st and December 31st of the previous year. For the year 2022, the city official shall be given a 60 day extension.
(c) 
A candidate for municipal office filled by appointment shall file the financial statement required by this division by not later than the 45th day after the date on which the person assumes the duties of the position.
(d) 
A candidate for municipal office filled by election shall file the financial statement required by this division on the fifth day before the date of the election. For the year 2022, the candidate shall be given a sixty (60) day extension.
(e) 
A person is considered to have timely filed a financial statement under this division if:
(1) 
The statement is personally delivered not later than 5:00 p.m. of the last day designated for filing the statement;
(2) 
The city secretary has adopted rules and procedures to provide for the electronic filing of the statement and the statement is electronically filed in accordance with those rules and procedures not later than midnight of the last day for filing the statement; or
(3) 
The financial statement is timely filed if it is properly addressed and placed in the United States Post Office or in the hands of a common or contract carrier not later than the last day for filing the financial statement. The post office cancellation mark or the receipt mark of a common or contract carrier is prima facie evidence of the date the statement was deposited with the post office or carrier. The individual filing the statement may show by competent evidence that the actual date of posting was different from that shown by the marks.
(f) 
If the deadline for filing the financial statement is a Saturday, Sunday, or a legal city, state, or national holiday, then the statement is timely if filed on the next regular business day.
(g) 
A city official or candidate for municipal office filled by appointment may request the city secretary grant an extension of not more than 60 days for filing the statement. The city secretary shall grant the request if it is received before the filing deadline or if the official’s physical or mental incapacity prevents the official from filing the statement or requesting an extension before the filing deadline. The city secretary may not grant more than one extension to a person in one year except for good cause shown.
(h) 
The city secretary may not grant an extension to a candidate for municipal office filled by election.
(Ordinance O-19-12-05-11D adopted 12/5/19; Ordinance O-2023-024 adopted 4/20/2023; Ordinance O-2025-024 adopted 7/17/2025)
(a) 
The financial disclosure form adopted by the city council attached to Ordinance O-2023-024 as attachment 'B', as may be amended, shall be used for filing the financial statement required under this division.
(b) 
The city secretary shall deliver at least one copy of the form to each city official or candidate for municipal office filled by appointment who is required to file under this division not later than the first business day of January.
(c) 
The city secretary shall deliver a copy of the form to each candidate for municipal office filled by election who is required to file under this division not later than the 10th day before the deadline for filing the statement under section 2.05.043(d).
(d) 
The city secretary may choose one or more methods to deliver the form.
(Ordinance O-19-12-05-11D adopted 12/5/19; ; Ordinance O-2023-024 adopted 4/20/2023; Ordinance O-2025-024 adopted 7/17/2025)
If a person has filed a financial statement under one provision of this division covering the preceding calendar year, the person is not required to file a financial statement required under another provision of this division covering that same year if, before the deadline for filing the statement under the other provision, the person notifies the city secretary in writing that the person has already filed a financial statement under this division covering that year.
(Ordinance O-19-12-05-11D adopted 12/5/19)
(a) 
Financial statements filed under this division are public records and shall be made available to the public in accordance with the Public Information Act. The city secretary shall maintain the statements in separate alphabetical files and in a manner that is accessible to the public during regular office hours. The address, phone number(s), and family member(s) shall be redacted before a financial statement is provided pursuant to a Public Information Act request. The term "family member" shall mean the candidate's spouse, minor child, or adult child who lives in the candidate's home.
(b) 
The city secretary shall destroy any financial statements filed by the official or candidate after the second anniversary of the date the person ceases to be an official or candidate.
(Ordinance O-19-12-05-11D adopted 12/5/19; Ordinance O-2023-060 adopted 9/21/2023; Ordinance O-2024-040 adopted 7/11/2024)
The city secretary shall maintain a list of the city officials and candidates for municipal office required to file a financial statement under this division. Not later than the 10th day after each applicable filing deadline, the city secretary shall provide to the municipal attorney a copy of the list showing for each city official and candidate for municipal office:
(1) 
Whether the official or candidate timely filed a financial statement as required by this division;
(2) 
Whether the official or candidate timely requested and was granted an extension of time to file as provided for by section 2.05.043 and the new due date for each such official or candidate; or
(3) 
Whether the official or candidate did not timely file a financial statement or receive an extension of time.
(Ordinance O-19-12-05-11D adopted 12/5/19)
(a) 
A city official or a candidate for a municipal office filled by election commits an offense if the official or candidate knowingly fails to file a financial statement as required by this division.
(b) 
An official or candidate that violates the provisions of this division shall be guilty of a class C misdemeanor and shall be subject to a fine in an amount not to exceed five hundred dollars ($500.00).
(c) 
It is a defense to prosecution under this division that the official or candidate did not receive copies of the financial statement form required to be delivered to the official or candidate by this division.
(Ordinance O-19-12-05-11D adopted 12/5/19)