For purposes of this article, the following definitions shall
apply:
Includes the mayor, all city council members, the city manager,
the assistant city manager, any city division head, the city clerk,
the municipal court judge, the city attorney, and all members of such
committees, commissions and boards appointed by the city council.
A fellow city official.
The former Texas Open Records Act (currently V.T.C.A., Government
Code, chapter 552), the Texas Open Meetings Act (V.T.C.A., Government
Code, chapter 551), and the conflict of interest statute (V.T.C.A.,
Local Government Code chapter 171), as currently in effect, or as
hereafter amended.
(Ordinance 020820 adopted 8/20/02; Ordinance 2018-05, sec. 4, adopted 4/3/18)
(a)
City
officials should strive, as appropriate opportunities arise, to support
and enhance the credibility of a colleague with the city council,
city staff, and community.
(b)
City
officials should share knowledge and expertise with a colleague that
would aid the progress of the city policy development process.
(c)
City
officials should provide, whenever possible, important information
to a colleague so as to increase the likelihood of sound decision-making.
(d)
City
officials should exercise discretion in the use of confidential information
provided by a colleague.
(e)
City
officials should appropriately recognize another colleague’s
work.
(f)
City
officials should advise, when appropriate, colleagues when approached
about the colleague’s performance by the press.
(g)
City
officials should not utilize the press to bring attention to or degrade
a fellow colleague whose opinions might differ from his or her own.
(Ordinance 020820 adopted 8/20/02)
No city official shall knowingly solicit or accept, from any
source, any gift, favor, service, or thing of value, including a promise
of future employment, in consideration for the city official’s
exercise of any official power or performance of any official duty
on behalf of the city.
(Ordinance 020820 adopted 8/20/02)
No city official shall knowingly use city property, facilities,
personnel, equipment, or supplies, or utilize any confidential information
concerning the property, operations, policies or affairs of the city,
for private financial gain.
(Ordinance 020820 adopted 8/20/02)
No city official shall knowingly be an interested party to any
exchange, purchase, or sale of property, goods, or services to the
city, or enter into any contract with the city, except in full and
impartial compliance with statutes, the city charter, and ordinances
and regulations applicable thereto; 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.
(Ordinance 020820 adopted 8/20/02)
No city official, during his or her incumbency, 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.
(Ordinance 020820 adopted 8/20/02)
No city official during his or her incumbency shall knowingly
represent, directly or indirectly, another person, or any group or
entity, in any action or proceeding in the municipal court 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.
(Ordinance 020820 adopted 8/20/02)
If any city official has a personal financial interest, direct
or indirect, in any matter pending before such officer or employee,
or the city council, or a department, agency, commission, or board
of which the city official is a member, then the city official shall
not render any decision and shall abstain from voting upon the matter,
unless otherwise permitted under chapter 171 of the Local Government
Code, and shall publicly disclose the fact of such interest in the
applicable permanent city files or minutes prior to any consideration
or determination of the matter.
(Ordinance 020820 adopted 8/20/02)
The city council shall not approve or award any bid or contract
for the city’s purchase of goods or services from any person,
group or entity which, within the six months prior to such award or
approval, has hired a person who, at any time within such six-month
period, was either a member of the city council or the chief or assistant
administrator of any city department or agency that had direct or
indirect review or consideration, or recommending or approval authority,
for the award of such bid or contract.
(Ordinance 020820 adopted 8/20/02)
(a)
Prior
to the ethics review of each year, the city clerk shall make available
to each city official designated in this article a copy of the text
of the ethics ordinance and statutes. Each city official shall file
with the city clerk a signed affidavit in which the city official
acknowledges the existence of the ethics ordinances and statutes and
pledges to abide by the terms of these ethics statutes as long as
the city official holds the city official’s office or position
with the city. The sworn affidavits of all city officials shall immediately
be placed on file for public inspection.
(b)
After
the conclusion of the elections and at such time reasonably soon thereafter,
the city attorney shall conduct one or more seminars devoted to educating
city officials on the meaning and legal significance of the ethics
statutes. Every city official shall attend at least one seminar within
a year after assuming office and thereafter shall attend at least
one seminar annually or be subject to the penalties set forth in this
article.
(Ordinance 020820 adopted 8/20/02; Ordinance 2018-05, sec. 5, adopted 4/3/18)
The failure of a city official to comply with or the violation
by such city official 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 or city ordinance, grounds
for public censure and reprimand by the city council. Such censure
and/or reprimand shall be made only upon the affirmative vote of all
members of the city council, excluding only those council members
who are the subject of any ethics violation inquiry.
(Ordinance 020820 adopted 8/20/02)
