[1]
Editor’s note–Ordinance 5813 adopted March 16,
2004 amended article V, which pertained to similar subject matter
as the current article and was partially derived from Ordinance 4671
adopted April 6, 1993.
(A)
Purpose.
It is hereby declared to be the policy of the City that the
proper operation of democratic government requires that:
(1)
Public
officials be independent, impartial, and responsible only to the people
of the City;
(2)
Governmental
decisions and policy be made using the proper procedures of the governmental
structure;
(3)
No
City official have any financial interest, direct or indirect, or
engage in any business, transaction, or professional activity or incur
any obligation of any nature that is in conflict with the proper discharge
of his or her duties in the public interest;
(4)
Public
office not be used for personal gain; and
(5)
The
City Council at all times be maintained as a nonpartisan body.
(B)
Principles
of conduct.
(1)
The
City Council further believes that an elected or appointed official
of the City assumes a public trust and should recognize the importance
of high ethical standards within the organization they lead or support.
Essential values and ethical behaviors that an elected or appointed
official should exemplify include the following:
(2)
In
keeping with the values set forth above, and to assist in the fulfillment
of responsibilities to the individuals and communities served, each
elected or appointed official should subscribe to the following principles:
(a)
To conduct himself or herself and to operate with integrity and in
a manner that merits the trust and support of the public;
(b)
To uphold all applicable laws and regulations, going beyond the letter
of the law to protect or enhance the City’s ability to accomplish
its mission;
(c)
To treat others with respect, doing for and to others what the official
would have done for and to him or her in similar circumstances;
(d)
To be a responsible steward of the taxpayer resources;
(e)
To take no actions that could benefit the official personally at
the unwarranted expense of the City, avoiding even the appearance
of a conflict of interest, or an appearance of impropriety, and to
exercise prudence and good judgment at all times;
(f)
To carefully consider the public perception of personal and professional
actions and the effect such actions could have, positively or negatively,
on the City’s reputation both in the community and elsewhere;
and
(g)
To strive for personal and professional growth to improve effectiveness
as an elected or appointed official.
(3)
To
implement the policy and principles set forth in this section, the
City Council has determined that it is advisable to enact this Code
of Ethics for all City officials, whether elected or appointed, paid
or unpaid, advisory or administrative, 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,
the overriding interest being that officers of the City shall at all
times strive to avoid even the appearance of impropriety.
(4)
This
section is a statement of purpose and principles only. Nothing in
this section may be used to create a cause of action against an official
under this article.
(Ordinance 5813, sec. 1, adopted 3/16/04)
The following words, terms, and phrases, when used in this article,
shall have the following meaning subscribed to them in this section,
except where the context clearly indicates a different meaning:
means a temporary body formed for a specific purpose and
for a short duration.
means a relationship by “affinity” (by marriage)
as defined in sections 573.024 and 573.025 of the Texas Government
Code, as amended.
means anything reasonably regarded as a gain or advantage,
including a benefit to any other person in whose welfare the beneficiary
has a direct and substantial interest.
means a sole proprietorship, partnership, firm, corporation,
holding company, joint-stock company, receivership, trust, unincorporated
association, or any other entity recognized by law.
means the legislative and governing body of the City consisting
of the Mayor and Councilmembers.
means that measure or degree of proof that produces in a
person’s mind a firm belief or conviction as to the truth of
the allegations sought to be established.
means money or any other thing of value that is received,
or is to be received, in return for or in connection with such representation.
includes the following information, however transmitted,
provided that it is not, at the time, a matter of public record or
public knowledge:
All information held by the City that is not available to the
public under the Texas Open Records Act;
Any information from a meeting closed to the public pursuant
to the Texas Open Meetings Act;
Any information protected by attorney-client, attorney work
product, or other applicable legal privilege;
Any information deemed confidential by law;
All information pertaining to personnel matters, litigation,
contractual negotiations or competitive matters, and prospective purchase
or sale of property.
means a relationship by “consanguinity” (by blood)
as defined in sections 573.022 and 573.023 of the Texas Government
Code, as amended.
means a sworn complaint that is groundless and brought in
bad faith or groundless and brought for the purpose of harassment
to defendants.
means a substantial interest or benefit gained through a
third party, such as an individual, company, or corporation.
means such cause as is found to exist upon a reasonable inquiry
that would lead a reasonably intelligent and prudent person to believe
that a person has committed an act constituting an ethical violation
under this article.
means any member of the City Council, any appointed member
of a board, commission, or any committee established by ordinance,
Charter or state law on a permanent or ad hoc basis; except that this
definition shall not apply to members of boards, commissions, or entities
not operating under the direct authority of, or subject to the direct
control of, the City Council.
means any person related to an officer, or an officer’s
spouse or resident of the same household, within the first degree
of consanguinity or affinity, in conformity with article 5996h, VTCS,
as currently enacted or subsequently amended.
means an individual who, on a continuous basis, lives in
the same household and shares the common resources of life with an
officer or official.
A person has a “substantial economic interest” in
a business entity if:
The person owns 10 percent or more of the voting stock, shares,
or other ownership interest in the business entity;
The person owns $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
10 percent of the person’s gross income for the previous year.
|
Investment or ownership in a publicly held company whose stock
is publicly traded on the New York Stock Exchange or any other public
stock exchange, in an amount less than $10,000.00 does not constitute
a substantial economic interest in a business entity under this Code
of Ethics.
|
A person has a substantial economic interest in real property
if:
The interest is an equitable or legal ownership with a fair
market value of $2,500.00 or more; or
The official has ownership, a lease, or right of first refusal
on any real property located within the City; including any partnership;
any joint or corporate ownership; or any equitable or beneficial interest
as a beneficiary of a trust.
|
For purposes of this article, an officer is considered to have
a substantial economic interest in real property or a business entity
if a person related to the officer in the first degree of consanguinity
or affinity has a substantial economic interest in such real property
or a business entity under this article.
|
(Ordinance 5813, sec. 1, adopted 3/16/04)
(B)
No City
Councilmember shall:
(1)
Represent
or appear on behalf of a private interest of others before any agency
of the City or any City board, commission, or committee;
(2)
Represent
for compensation or other benefit any private interest of others in
any action or proceeding involving the City; or
(3)
Voluntarily
participate on behalf of others in any litigation to which the City
might be a party.
(C)
No other
official shall, for compensation or other benefit:
(D)
No officer
of the City shall accept any gift or favor from any person or business
entity that might reasonably tend to:
(E)
No officer
of the City shall use the official position of the office to improperly
influence others or to secure privileges or exemptions to themselves
or others.
(F)
No officer
of the City shall engage in any activities which will conflict with,
or be incompatible with, a position as an officer of the City, which
will give the officer an advantage over others engaged in a similar
business, vocation, or activity.
(G)
In any
zoning matter which may come before the City Council, any Councilmember
who owns a substantial interest in any property within 200 feet of
the zoning request shall:
(H)
In the
event that any matter comes before the City Council, board, or commission
involving, directly or indirectly:
(1)
The
interest of a present business client/customer of any officer or a
person or entity who has been a business client/customer of any officer
within the prior twelve months;
(2)
Funds
received by the officer, or the entity for which the officer is employed,
from the past/present business client/customer amount to the sum of
$5,000.00 or more in gross income during such twelve-month period;
and
(3)
Such
fact is known to the officer.
|
Then that officer shall disclose the existence of such interest,
in writing, to the City Attorney and thereafter abstain from voting
in the matter, and refrain from attempting to influence the vote of
any other officer.
|
(I)
No Councilmember
or officer who is an officer of or serves on the board of directors
of a nonprofit organization may vote on any request by that nonprofit
organization to the City, unless the nonprofit organization has a
board of directors or trustees appointed in whole or in part by the
City Council.
(J)
A candidate
for the office of Mayor or City Council shall not accept any political
contribution or contributions from any person, other than the candidate
or a political action committee, in any one election of more than
$600.00.
(Ordinance 5813, sec. 1, adopted 3/16/04; Ordinance 6177, sec. 1, adopted 11/6/07)
(A)
Economic
interests affected.
To avoid the appearance and risk
of impropriety, a City official shall not take any official action
that he or she knows will or is likely to affect particularly the
substantial economic interests of:
(1)
The
official;
(2)
The
official’s outside client;
(3)
The
official’s outside employer;
(4)
A
business entity in which the official knows that he or she holds an
economic interest;
(5)
A
business entity that the official knows is an affiliated business
or partner of a business entity in which he or she holds an economic
interest;
(6)
A
business entity for which the City official serves as an officer or
director or in any other policy-making position;
(7)
The
official’s family member within the first degree of consanguinity
or affinity;
(8)
A
resident of the same household as the official;
(9)
An
outside employer of the official’s family member within the
first degree of consanguinity or affinity, or resident of the same
household as the official, but only if the official knows the family
member or resident of the same household has a substantial economic
interest in the outside employer;
(11)
A business entity that the official knows is an affiliated business
or partner of a business entity in which a substantial economic interest
is held by his or her:
(B)
A City official whose conduct or action on a matter would violate subsection (A) must step aside. From the time that the conflict is recognized, the City official shall:
(C)
In addition to the requirements of subsection (B) above:
(1)
A
board or commission member shall promptly disclose his or her conflict
to the board or commission of which he or she is a member and shall
not be present during any discussion or voting on the matter; and
(2)
A
City Councilmember shall promptly disclose his or her conflict to
the City Council and shall not be present during any discussion or
voting on the matter.
(Ordinance 5813, sec. 1, adopted 3/16/04)
(A)
General
rule.
A City official shall not:
(1)
Receive
any fee, compensation, or benefit for services as an officer of the
City from any source other than the City, except as may otherwise
be provided by law or as approved by the City Council;
(2)
Solicit,
accept, or engage in concurrent outside employment that could reasonably
be expected to impair independence of judgment in, or faithful performance
of, official duties; or
(3)
Personally
provide services for compensation, directly or indirectly, to a person
or organization that is requesting an approval, investigation, or
determination from the body or department of which the official is
a member.
(B)
Exception.
The restriction above does not apply to outside employment of
a City official if the employment is the official’s primary
source of income.
(Ordinance 5813, sec. 1, adopted 3/16/04)
(A)
General
rule.
A City official may not use his or her official
position to unfairly advance or impede personal interests by granting
or securing, or by attempting to grant or secure, for any person (including
himself or herself) any form of special consideration, treatment,
exemption, or advantage beyond that which is lawfully available to
every other person or organization.
(B)
Special
rules.
The following special rules apply in addition
to the general rule set forth above:
(1)
Acquisition of interest in impending matters.
A City
official shall not acquire an interest in any matter if the official
knows that the interest will be affected by impending official action
of the City.
(2)
Acquisition of interest in decided matter.
A City official
shall not acquire an interest in any matter affected by an official
action of the City for a period of one year after the date of the
official action.
(3)
Reciprocal favors.
A City official may not enter into
an agreement or understanding with any other person that official
action by the official will be rewarded or reciprocated by the other
person.
(4)
Appointment of relatives.
No person related to the Mayor
or any member of the City Council, within the first degree by consanguinity
or affinity, shall be appointed to any board or commission by the
City Council. Provided, however, any person who, before the effective
date of this article, was appointed to a quasi-judicial board or commission
within the City by a City official who was either a resident of the
same household or a relative within the first degree of consanguinity
or affinity may complete his or her term on the board or commission.
(Ordinance 5813, sec. 1, adopted 3/16/04)
(A)
Duty
of continuing confidentiality.
A former City official
shall not use or disclose confidential government information acquired
during service as a City official. This rule does not prohibit:
(B)
Time
limit for lobbying.
For a period of one year after termination
of his or her duties, a former City official shall not represent any
person, group, or entity (other than himself, herself or his or her
relative) before:
(1)
The
City Council or that board, commission, or body, unless the board,
commission, or body of which the former City official was a member
is only advisory in nature; or
(2)
City
staff having responsibility for making recommendations to, or taking
any action on behalf of, the City Council or that board.
(C)
Without
consent from the City, a former City official shall not represent
any person, group, or entity (other than himself, herself or a relative)
in any litigation to which the City is a party, if the interests of
that person, group, or entity are adverse to the interests of the
City and the matter is one in which the former City official personally
participated prior to termination of his or her official duties or
is a matter substantially related to such a matter.
(D)
In connection
with the representation of private interests, a former City official
shall not state or imply that he or she is able to influence City
action on any basis other than the merits.
(E)
Within
one year after the termination of official duties, a former City official
shall not have any financial interest, direct or indirect, in any
contract with the City, or be financially interested, directly or
indirectly, in the sale to the City of any land, materials, supplies,
or service. Any violation of this subsection, with knowledge, express
or implied, of the person or corporation contracting with the City
will render the contract involved voidable by the City Manager or
the City Council. This subsection applies only to contracts or sales
made on a discretionary basis and not to contracts or sales made on
a competitive bid basis.
(F)
For
a period of one year after termination of his or her official duties,
a former City official may not, either individually or as the officer
or principal of a private business entity:
(1)
Submit
a proposal, on behalf of the official or on behalf of a private business
entity for any City contract unless that contract is required by state
law to be competitively bid; or
(2)
Negotiate
or enter into any City contract unless that contract is required by
state law to be competitively bid.
(Ordinance 5813, sec. 1, adopted 3/16/04)
No Councilmember, candidate for City Council or officer shall
meet with any employee, employees or group of employees of the City
for political campaign purposes while such employee is on duty unless
part of an approved City Council activity.
(Ordinance 5813, sec. 1, adopted 3/16/04)
(A)
Improper
access.
With respect to confidential information, a City
official shall not use his or her position to secure official information
about any person or entity for any purpose other than the performance
of official responsibilities.
(B)
Improper
disclosure or use.
A City official shall not intentionally
or knowingly disclose any confidential government information gained
by reason of the official’s position. This rule does not prohibit:
(Ordinance 5813, sec. 1, adopted 3/16/04)
No officer of the City shall use City supplies, equipment, facilities,
or expend City funds for any purpose other than the conduct of official
City business, unless otherwise provided for by law, ordinance, or
City policy.
(Ordinance 5813, sec. 1, adopted 3/16/04)
(A)
Any
officer, whether elected or appointed, who has a substantial interest
in any matter pending before the City, shall disclose, in writing,
such interest to the City Attorney and shall refrain from further
discussion of the matter.
(Ordinance 5813, sec. 1, adopted 3/16/04)
(A)
When
filing for election and within thirty days of any substantial change
in any required disclosure, every candidate for City Council, Councilmember,
or officer shall file with the City Secretary or City Attorney, in
writing, a disclosure of the existence and location of any real property
in the City in which the Councilmember or officer has any substantial
interest, including any interest of one percent (1%) or more in any
business entity.
(B)
The
disclosure shall include the identity and location of all real property
within the City in which the Councilmember or officer has acquired
or conveyed any interest since the filing of the last similar report
required by this section.
(C)
If any
Councilmember or officer has an interest in real property by way of
right of first refusal, or as part of a trust, this information must
also be disclosed.
(D)
If a
Councilmember or officer has interest in a business entity that will
not disclose to the Councilmember or officer whether or not the business
entity has a substantial interest in real property located in the
City, the Councilmember or officer may satisfy in the disclosure requirements
of this section by stating such fact in writing to the City Secretary
or City Attorney.
(E)
The
Councilmember or officer must disclose the ownership interest of a
business entity and real property in which the Councilmember or officer
has a controlling interest.
(F)
The
members of the City Council holding office or officers serving as
of the effective date of this section shall file such disclosure within
thirty days of the effective date hereof as provided by this section.
All officers shall complete and file a financial disclosure statement
in the form as set out in exhibit “A” to the ordinance
from which this section derives.
(Ordinance 5813, sec. 1, adopted 3/16/04)
(A)
Who
may file a complaint.
Any person who believes that there
has been a violation of this Code of Ethics may file a complaint alleging
an ethics violation with the City Secretary.
(B)
Form
of the complaint.
A complaint filed under this section
should be:
(1)
In
writing;
(2)
Sworn
to before a notary public;
(3)
Cite
the specific provision of the Code of Ethics which the complainant
believes has been violated;
(4)
State
the approximate date of the alleged violation, or the date on which
the alleged violation became known to the complainant; and
(5)
Supporting
documentation, if it exists, should be included with the complaint.
(C)
Anonymous
complaints will not be accepted for filing or further action. Frivolous
complaints, or complaints filed in bad faith, will not be accepted
for filing or for further action. A person who knowingly makes a false
statement in a complaint is subject to criminal prosecution for perjury.
(D)
City
Secretary’s action.
Upon acceptance, the City Secretary
will forward a copy of the complaint to the following persons within
one business day:
(E)
City
Attorney’s review and action.
The City Attorney
shall conduct a preliminary review of the complaint to determine whether:
(1)
The
complaint is timely filed as set forth in this article; and
(2)
The
complaint complies with the requirements of this Code of Ethics as
to the form of the complaint.
|
If in the judgment of the City Attorney the complaint is defective
as to form, the complainant shall be given an opportunity to amend
and resubmit the complaint to cure the deficiencies. If, in the judgment
of the City Attorney, the complaint is not timely filed in accordance
with this article, the City Attorney shall forward the complaint directly
to the Ethics Hearing Board with the recommendation that it be dismissed
summarily. If in the judgment of the City Attorney the complaint is
correctly submitted as to form and is timely filed, the City Attorney
shall make these facts known in writing to the Ethics Hearing Board,
and shall forward the complaint for further action.
|
(F)
Officer’s
response.
The officer complained against may file a written
response to the complaint within fourteen days after the complaint
is filed with the City Secretary. If the officer files a response
admitting to the violation, the City Secretary shall then forward
the complaint, with the officer’s response, to the City Council
for action. If the officer files a response denying any portion of
the complaint, the City Secretary shall then forward the complaint,
with the officer’s response, to the Ethics Hearing Board. If
the officer declines to file a response within the 14-day timeframe
for doing so, the City Secretary shall then forward the complaint
to the Ethics Hearing Board.
(Ordinance 5813, sec. 1, adopted 3/16/04)
(A)
Creation
and composition of the Ethics Hearing Board.
The Ethics
Hearing Board is hereby created, to be composed of 9 members. The
Mayor and City Council may each appoint a member to the board who
shall serve a term to coincide with that of the appointing member
of the City Council. The Mayor shall appoint the chair, and the full
City Council shall appoint the vice-chair. No member of the board
may be:
(1)
A
candidate for public office in the City, a City official, or the spouse
or resident of the same household of a City official;
(2)
A
City employee or the spouse or resident of the same household of a
City employee;
(3)
A
person who, for compensation, represents the private interests of
others before the City Council; or
(4)
A
paid campaign worker or a paid political consultant of a current City
Councilmember.
(B)
Composition
of an Ethics Review Panel.
Upon receipt of an ethics
complaint, an Ethics Review Panel consisting of five members of the
Ethics Hearing Board will be formed to consider and investigate the
complaint. The panel shall be composed of the chair or the vice-chair
of the Ethics Hearing Board, with the other four members selected
by lot by the City Secretary. If the complaint was filed against a
Councilmember, that Councilmember’s appointee to the Ethics
Hearing Board will be removed from the pool of potential panel members
from which the City Secretary will select the panel. The chair must
step aside from serving on the panel when a complaint is filed against
the Mayor. If the chair must step aside, the vice-chair shall sit
on the panel, with the other four members selected by lot by the City
Secretary.
(C)
Jurisdiction.
The Ethics Review Panel shall have jurisdiction to review and
make findings concerning any alleged violation of this article by
any person subject to those provisions, if a complaint is filed within
one year after the date of the alleged violation. The panel may not
consider any alleged violation that occurred more than one year before
the date of the filing of a complaint. The termination of a City official’s
duties does not affect the jurisdiction of the Ethics Review Panel
with respect to alleged violations occurring prior to the termination
of the official’s official duties.
(D)
Powers.
The Ethics Review Panel has the following powers only:
(1)
To
establish, amend, and rescind rules and procedures governing its own
internal organization and operations in a manner and form consistent
with this article;
(2)
To
meet as often as necessary to fulfill its responsibilities;
(3)
To
request from the City Manager through the City Council the appointment
of such staff as is necessary to carry out its duties;
(4)
To
review, index, maintain on file, and dispose of sworn complaints;
(5)
To
make findings of fact as necessary for the disposition of a complain;
(6)
To
make notifications, extend deadlines, and conduct investigations;
and
(7)
Such
other powers as are specifically granted in this article.
(Ordinance 5813, sec. 1, adopted 3/16/04)
(A)
Preliminary
consideration of the complaint.
Each complaint that is
filed shall be evaluated to determine whether the complaint states
an ethical violation, and whether the alleged violation is supported
by just cause.
(B)
Preliminary
investigation.
Within 21 days after receipt of a complaint,
a preliminary finding shall be made as to whether or not the complaint
states a claim under this article and is supported by just cause.
(C)
Summary
dismissal of a complaint after preliminary investigation.
If, by the affirmative vote of a simple majority of the total members,
it is determined that the complaint does not state a claim under this
article or does not have just cause, based upon the statements and
evidence submitted, the complaint is dismissed. Written notice of
the dismissal must be sent to both the person who made the complaint
and the person about whom the complaint was made, identifying the
reason or reasons for dismissal. If the complaint is not dismissed,
it will be fully and fairly investigated by hearing.
(Ordinance 5813, sec. 1, adopted 3/16/04)
(A)
Evidentiary
hearing.
Not less than 10 days before the hearing, written
notice shall, by certified mail or personal service, be given of the
hearing to both the person who made the complaint and the person about
whom the complaint was made. The notice must state the specific provision
or provisions of this article alleged in the complaint to have been
violated.
(B)
Ex
parte communications.
Ex parte communications are those
communications that do not involve all parties in the complaint. It
is a violation of this article for:
(1)
The
complainant, the person charged in the complaint, or any person acting
on their behalf to engage or attempt to engage, directly or indirectly,
in any ex parte communication about the subject matter of a complaint
with a member of the Ethics Hearing Board; or
(2)
A
member of the Ethics Hearing Board to:
(Ordinance 5813, sec. 1, adopted 3/16/04)
(A)
The
rules contained in this section apply to all hearings on complaints
not summarily dismissed under this article.
(B)
General
rules.
(C)
Procedural
rules.
(1)
A
majority of the total members must be present for a hearing.
(2)
Any
member of the panel who is not present at a hearing on a complaint
may not participate in any discussion, voting, or disposition regarding
the complaint.
(3)
All
witnesses must be sworn, and the members of the panel or its legal
counsel shall conduct questioning of witnesses.
(4)
The
panel may consider any and all relevant, probative evidence and may
establish time limits and other rules relating to the participation
of any person in the hearing, subject to subsections (D) and (E) of
this section.
(5)
The
panel may request the presence of and hear testimony from witnesses
on its own motion.
(E)
Rights
of the complainant.
The complainant has the following
rights:
(1)
To
attend the hearing;
(2)
To
make a statement;
(3)
To
be accompanied by legal counsel or another advisor.
|
The legal counsel or other advisor to the complainant may advise
the complainant during the course of the hearing, but may not speak
on behalf of the complainant, except to represent the complainant
while testifying. The complainant may not present or cross-examine
witnesses, except with the permission of the panel.
|
(Ordinance 5813, sec. 1, adopted 3/16/04)
(A)
Written
decision required.
All reasonable efforts shall be made
to issue a written decision within 45 days after receipt of a complaint.
The written decision must either:
(B)
Copies
of the findings and decision must be forwarded to the following persons:
(C)
Similar
charges barred.
If the complaint is dismissed because
the evidence failed to establish a violation of this article, another
complaint shall not be accepted for filing if based upon substantially
the same evidence.
(Ordinance 5813, sec. 1, adopted 3/16/04)
If after a full investigation and hearing it is determined that
a violation of this article has occurred, the City Council may consider
the following sanctions:
(1)
Letter
of notification.
A letter of notification may be issued
when the City Council finds that a violation of this article was clearly
unintentional or when the action or conduct found to have been a violation
of this article was performed by the official in reliance on an opinion
of the City Attorney. A letter of notification must advise the official
to whom the letter is directed of any steps to be taken to avoid future
violations.
(2)
Letter
of admonition.
A letter of admonition may be issued when
the City Council finds that the violation of this article was minor
or may have been unintentional, but where the circumstances call for
a more substantial response than a letter of notification.
(3)
Reprimand.
A reprimand may be issued when the City Council finds that a
violation of this article was committed intentionally or through disregard
of this article.
(4)
Censure.
A resolution of censure may be issued when the City Council
finds that a serious or repeated violation of this article has been
committed intentionally or through culpable disregard of this article
by a member of the City Council.
(5)
Removal
or suspension from office.
Any officer, other than a
City Councilmember, may be removed or suspended from office when the
City Council finds that a serious or repeated violation of this article
was committed intentionally or through culpable disregard of this
article. Removal shall be in compliance with the City Charter and
other applicable law. Any term of suspension shall be set by the City
Council.
(Ordinance 5813, sec. 1, adopted 3/16/04)
Any City official against whom public allegations of ethics
violations have been made in the media or elsewhere has the right
to file a sworn statement with the City Secretary affirming his or
her innocence, and to request the Ethics Hearing Board to review the
allegations and make known its findings to the public.
(Ordinance 5813, sec. 1, adopted 3/16/04)
(A)
The
failure of any member of the City Council or other officer to comply
with one of more of these sections shall constitute grounds for prosecution
under this article.
(B)
A violation
of the provisions of this article is a class C misdemeanor punishable
in municipal court by a fine not to exceed $2,000.00.
(C)
Nothing
contained in this article shall be deemed to prohibit any officer
from serving on any board or committee appointment, or representing
the City Council in any meeting or conference.
(Ordinance 5813, sec. 1, adopted 3/16/04)
Section 171.001, et seq., of the Local Government Code of the
state, as amended, being the statute which regulates conflicts of
interest of officers of municipalities of the state, is hereby adopted
and made a part of this Code of Ethics for all purposes with the proviso
that, in the case of a conflict between the provisions of this Code
of Ethics and the referenced statute, the statute shall govern.
(Ordinance 5813, sec. 1, adopted 3/16/04)
This article shall apply only to acts occurring after the effective
date of the ordinance which adopts this article, and no complaint
alleging a violation of this article may be filed later than one year
after the alleged date of violation or the complaint is barred.
(Ordinance 5813, sec. 1, adopted 3/16/04)
