(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 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.
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 April 30th 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 sixty (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)
(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 31st day before the deadline for filing the financial statement under section
2.05.043(b) or
(c).
(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)
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 or family member
shall be redacted before the 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 maintain a written and/or electronic log of those
individuals who review or inspect financial statements of councilmembers.
No copies shall be made of the financial statements nor shall individuals
be allowed to take photographs of the financial statements. The city
secretary shall adopt such other reasonable internal procedures related
to maintaining the financial statements in accordance with this section
of the code.
(c) 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)
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)