The terms used in this article shall have the following meanings:
Business entity
means a sole proprietorship, partnership, firm, corporation, holding company, joint-stock company, receivership, trust, or any other entity recognized by law.
Candidate,
this term has the meaning assigned by V.T.C.A., sec. 251.001, Election Code.
City official
means the mayor, every member of the city council, the city manager, the city secretary, the city attorney, the city engineer and all members of any commission, committee, or board appointed by the city council or the mayor.
Confidential information
means any information that a city official would be privy to because of the official’s position but otherwise is not available to the public under the provisions of the Texas Public Information Act (V.T.C.A., Government Code ch. 552).
Conflict disclosure statement
means the Texas Ethics Commission disclosure statement required by V.T.C.A., Local Government Code ch. 176.
Conflict of interest questionnaire
means the Texas Ethics Commission conflicts of interest form required by V.T.C.A., Local Government Code ch. 176.
Economic benefit
means taxable income or any money, real or personal property, contract rights, sale, lease, option, credit, loan, discount, service, or any other tangible or intangible thing of value, whether similar or dissimilar to those enumerated.
Economic interest
means a legal or equitable interest in real or personal property or a fiduciary obligation to such property or contractual right in such property that is more than minimal or insignificant and would be recognized by reasonable persons to have weight in deciding a case or an issue. Service by a city official as an officer, director, advisor, or otherwise active participant in an educational, religious, charitable, fraternal, or civic organization does not create an economic interest in the property of that organization. Ownership of an interest in a mutual or common investment fund that holds securities or other assets is not an economic interest in the securities or other assets unless the city official participates in the management of the fund. A city official does not have an economic interest in a matter if the economic impact on the city official is indistinguishable from the impact on the public or on the particular group affected by the matter.
Family member
means the spouse, parent or child, and the parents of a spouse, city official, or appointee.
Gift
means 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.
Income
means economic benefit received.
Indirect ownership
means an equity interest in a business entity where the interest is held through a series of business entities, some of which own interests in others.
Property
means real estate, personal items, equipment, goods, crops, livestock, or an equitable right to income from real estate, personal items equipment, goods, crops, or livestock.
Second degree of consanguinity or affinity
is defined through a chart in section 2-262(c)(4).
Source of income
means 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
means an interest in a business entity by a city official or a family member who;
(1) 
Owns ten percent or more of voting stock or shares of the business entity;
(2) 
Owns ten percent or more or $15,000.00 or more of the fair market value of the business entity;
(3) 
If funds received from the business entity exceed ten percent or more of the person’s gross income for the previous year; or
(4) 
If a city official or family member has a substantial interest in real property or controls or has an interest in the property and the interest has a market value of $2,500.00 or more.
(Ordinance 461, sec. 2.1, adopted 5/9/06)
(a) 
General provisions.
(1) 
No city official may disclose any confidential information gained through the official’s position concerning property, operations, policies, or affairs of the city, for gain or advantage in an economic interest of the city official or the persons identified in section (c)(2)b of this section.
(2) 
No city official may use the official’s position or city-owned facilities, equipment, supplies, or resources of the city for gain in an economic interest of the city official, for a political campaign of the official, or for any of the persons identified in section (c)(2)(b) of this section. A discount or award given for travel, such as frequent flyer miles, rental car or hotel discounts, or food coupons, are not things of value belonging to the city for purposes of this section due to the administrative difficulty and cost involved in recapturing the discount or award for the city.
(3) 
Except as specifically authorized by city ordinance, no city official may appear before the body of which the official is a member to represent the city official or any person identified in subsection (c)(2)(b) of this section. The city official may designate and be represented by a person of the official’s choice in any such matter.
(4) 
No city official may act as surety for any person or business entity that has a contract with the city, or as a surety on any bond required by the city for a city official.
(5) 
These general provisions do not prohibit a city official from representing the city official’s interest in the city official’s owner-occupied homestead before any city body, except the body of which the official is a member.
(b) 
Gifts.
No city official may solicit or accept any contribution, gift, or economic benefit that is offered or given with the intention of influencing the judgment or discretion of such official; or given in consideration of the favorable exercise of the official’s judgment or discretion in the past.
(c) 
Conflict of interest.
(1) 
Substantial interest.
No city official may vote on or participate in any decision-making process on a matter concerning property or a business entity if the official has a substantial interest in the property or business entity.
(2) 
Economic interest.
a. 
No city official may vote on or participate in any decision-making process on a matter if the official has an economic interest in the outcome of the matter under consideration.
b. 
To avoid the appearance and risk of impropriety, a city official may not take any official action that the official knows is likely to affect the economic interests of:
1. 
The city official’s parent, child, step-child, spouse, or other family member within the second degree of consanguinity or affinity or a client of the city official;
2. 
An employer of the city official, the official’s parent, child, step-child, or spouse;
3. 
A business entity for which the city official serves as an officer or director or serves in any policy-making position;
4. 
A person or business entity from whom, within the past 12 months, the city official or the official’s spouse, directly or indirectly, received an economic benefit;
5. 
A person or business entity from whom, within the past 12 months, the city official or the official’s spouse, directly or indirectly, engaged in negotiations pertaining to business opportunities.
(3) 
Conflicts disclosure statement and recusal.
a. 
A city official shall file a sworn conflicts disclosure statement whenever a person or entity has contracted with the city or is considering doing business with the person or entity and the city official has an economic interest in or with the person or entity or if the person or entity has given to the city official gifts that have a value in the aggregate of more than $250.00 in the 12-month period preceding the date the city official becomes aware that the city has a contract with such person or entity or that the city is considering doing business with such person or entity. The city official shall file the conflicts disclosure statement with the city secretary no later than 5:00 p.m. on the seventh business day after the date the city official becomes aware of the facts that require the failing of the statement.
b. 
A city official commits an offense if the city official knowingly fails to file the conflicts disclosure statement. An offense under the above subsection 2-262(c)(3)a is a Class C misdemeanor.
c. 
The city secretary shall accept and file any and all city official conflict disclosure statements and any vendor conflict of interest questionnaires.
d. 
The city secretary shall maintain a list of city officials and shall make that list available to the public and any person who may be required to file a conflicts of interest questionnaire.
e. 
A city official having a substantial interest in the outcome of a matter under consideration shall disclose that the official has a substantial interest and recuse himself/herself immediately from voting and from the discussion of the matter. The city official shall also promptly file an affidavit with the city secretary disclosing the nature and extent of the conflict, and the affidavit shall be included in the official minutes of the body.
(4) 
Consanguinity and affinity.
Affinity Kinship (Marriage) Relationships
1st Degree
2nd Degree
Father-in-law
Spouse’s grandfather
Mother-in-law
Spouse’s grandmother
Son-in-law
Spouse’s brother (brother-in-law)
Daughter-in-law
Spouse’s sister (sister-in-law)
Spouse
Spouse’s grandson
 
Spouse’s granddaughter
 
Brother’s spouse (sister-in-law)
 
Sister’s spouse (brother-in-law)
Consanguinity (Blood) Relationships
1st Degree
2nd Degree
3rd Degree
Father
Grandfather
Great-grandfather
Mother
Grandmother
Great-grandmother
Son
Brother
Nephew
Daughter
Sister
Niece
 
Grandson
Great-grandson
 
Granddaughter
Great-granddaughter
 
 
Uncle
 
 
Aunt
(5) 
Budget matters.
The city council shall take a separate vote on any budget item specifically dedicated to a contract with a business entity in which a member of the city council has a substantial interest. The member of the city council that has the substantial interest may not participate in the separate vote.
(Ordinance 461, sec. 2.2, adopted 5/9/06)
(a) 
Disclosure of interest in property.
A city official who has a legal or equitable interest in real property that is to be acquired with public funds shall file an affidavit within ten days before the date on which the property is to be acquired by purchase or condemnation.
(b) 
Affidavit.
The affidavit must:
(1) 
State the name of the city official;
(2) 
State the city official’s office, public title, or job designation;
(3) 
Fully describe the property;
(4) 
Fully describe the nature, type, and amount of interest in the property, including the percentage of ownership interest;
(5) 
State the date when the person acquired an interest in the property;
(6) 
Include a verification as follows: “I swear that the information in this affidavit is personally known by me to be correct and contains the information required by Section 553.002, Government Code”; and
(7) 
Contain an acknowledgement of the same type required for recording a deed in the deed records of the county.
The affidavit must be filed with the county clerk of the county in which the city official resides and the county clerk of each county in which the property is located.
(Ordinance 461, sec. 2.3, adopted 5/9/06)
(a) 
Prohibition.
(1) 
A public official may not appoint, confirm the appointment of, or vote for the appointment or confirmation of the appointment of an individual to a position that is to be directly or indirectly compensated from city funds or fees of office if:
a. 
The individual is related to the city official within the third degree by consanguinity (blood or adoption) or the second degree by affinity (marriage); or
b. 
The city official holds the appointment or confirmation authority as a member of a state or local board, the legislature, or a court and the individual is related to another member of that board, legislature, or court within the third degree by consanguinity (blood or adoption) or the second degree by affinity (marriage).
(2) 
A city official may not appoint, confirm the appointment of, or vote for the appointment or confirmation of the appointment of an individual to a position in which the individual’s services are under the public official’s direction or control and that is to be compensated directly or indirectly from city funds or fees of office if:
a. 
The individual is related to another public official within the third degree by consanguinity (blood or adoption) or the second degree by affinity (marriage); and
b. 
The appointment, confirmation of the appointment, or vote for appointment or confirmation of the appointment would be carried out in whole or partial consideration for the other public official appointing, confirming the appointment, or voting for the appointment or confirmation of the appointment of an individual who is related to the first public official within the third degree by consanguinity (blood or adoption) or the second degree by affinity (marriage).
(b) 
Exceptions.
(1) 
The prohibitions in section 2-264(a) do not apply to:
a. 
An appointment to the office of a notary public or to the confirmation of that appointment;
b. 
An appointment or employment of a personal attendant by an officer of the city for attendance on the officer who, because of physical infirmities, is required to have a personal attendant; or
c. 
Any other appointment excepted under V.T.C.A., Government Code ch. 573.
(2) 
The prohibition in section 2-264(a)(1) does not apply to an appointment, confirmation of an appointment, or vote for an appointment or confirmation of an appointment of an individual to a position if:
a. 
The individual is employed in the position immediately before the election or appointment of the city official to whom the individual is related in a prohibited degree; and
b. 
That prior employment of the individual is continuous for at least:
1. 
Thirty days, if the public official is appointed; or
2. 
Six months, if the public official is elected.
(3) 
If, under subsection (b)(2), an individual continues in a position, the city official to whom the individual is related in a prohibited degree may not participate in any deliberation or vote on the appointment, reappointment, confirmation of the appointment or reappointment, employment, reemployment, change in status, compensation, or dismissal of the individual if that action applies only to the individual and is not taken regarding a bona fide class or category of employees.
(Ordinance 461, sec. 2.4, adopted 5/9/06)
(a) 
Prohibition.
A city official is prohibited from soliciting, accepting, or agreeing to accept an honorarium in consideration for services that the city official would not have been requested to provide but for the city official’s official position or duties.
(b) 
Exception.
This section does not prohibit a city official from accepting (1) transportation expenses, (2) lodging expenses or (3) meals in connection with a conference or similar event in which the city official renders services, such as addressing an audience or engaging in a seminar to the extent that those services are more than merely perfunctory.
(Ordinance 461, sec. 2.5, adopted 5/9/06)
(a) 
Prohibition.
(1) 
A city employee performing regulatory functions or conducting inspections or investigations shall not solicit, accept, or agree to accept any benefit from a person the city employee knows to be subject to regulation, inspection, or investigation by the city employee or the city.
(2) 
A city employee having custody of prisoners shall not solicit, accept, or agree to accept any benefit from a person the city employee knows to be in his custody or the custody of the city.
(3) 
A city employee or a city official who exercises discretion in connection with contracts, purchases, payments, claims, or other pecuniary transactions of the city shall not solicit, accept, or agree to accept any benefit from a person the city employee or city official knows is interested in or likely to become interested in any contract, purchase, payment, claim, or transaction involving the exercise of his discretion.
(4) 
A city employee or city official who has judicial or administrative authority, who is employed by or in a tribunal having judicial or administrative authority, or who participates in the enforcement of the tribunal’s decision shall not solicit, accept, or agree to accept any benefit from a person the city employee or city official knows is interested in or likely to become interested in any matter before the city employee or city official or tribunal.
(b) 
Donation of unsolicited gift.
A city employee or city official who receives an unsolicited benefit that the city employee or city official is prohibited from accepting under this section may donate the benefit to a governmental entity that has the authority to accept the gift or may donate the benefit to a recognized tax-exempt charitable organization formed for educational, religious, or scientific purposes.
(c) 
Exceptions.
The prohibitions set out in this section do not apply to:
(1) 
A fee prescribed by law to be received by a city employee or city official or any other benefit to which the city employee or city official is lawfully entitled or for which he gives legitimate consideration in a capacity other than as a city employee or city official;
(2) 
A gift or other benefit conferred on account of kinship or a personal, professional, or business relationship independent of the official status of the recipient; or
(3) 
A benefit to a City Employee or City Official required to file a statement under V.T.C.A., Government Code ch. 572, or a report under V.T.C.A., Election Code tit. 15, that is derived from a function in honor or appreciation of the recipient if:
a. 
The benefit and the source of any benefit in excess of $50.00 is reported in the statement; and
b. 
The benefit is used solely to defray the expenses that accrue in the performance of duties or activities in connection with the office which are nonreimbursable by the state or the city;
(4) 
A political contribution as defined by V.T.C.A., Election Code tit. 15;
(5) 
An item with a value of less than $50.00 excluding cash or a negotiable instrument as described by V.T.C.A., Business and Commerce Code sec. 3.104;
(6) 
An item issued by a governmental entity that allows the use of property or facilities owned, leased, or operated by the governmental entity;
(7) 
Food, lodging, transportation, or entertainment accepted as a guest and, if the donee is required by law to report those items, reported by the donee in accordance with that law; or
(8) 
Any gift or benefit otherwise excepted under V.T.C.A., Penal Code sec. 36.10.
(Ordinance 461, sec. 2.6, adopted 5/9/06)
(a) 
Prohibition.
City official shall not:
(1) 
Knowingly make a false entry in, or false alteration of, a city record;
(2) 
Make, present, or use any record, document or thing with knowledge of its falsity and with intent that it be taken as a genuine city record;
(3) 
Intentionally destroy, conceal, remove, or otherwise impair the verity, legibility, or availability of a city record;
(4) 
Possess, sell, or offer to sell a city record or a blank city record form with intent that it be used unlawfully;
(5) 
Make, present, or use a city record with knowledge of its falsity; or
(6) 
Possess, sell, or offer to sell a city record or a blank city record form with knowledge that it was obtained unlawfully.
(b) 
Exception.
It is an exception to the application of subsection (a)(3) of this section that the governmental record is destroyed pursuant to legal authorization or transferred under V.T.C.A., Government Code sec. 441.204. With regard to the destruction of a local government record, legal authorization includes compliance with the provisions of V.T.C.A., Local Government Code tit. 6, subtit. C.
(Ordinance 461, sec. 2.7, adopted 5/9/06)
(a) 
Prohibition.
(1) 
A city employee or city official shall not misuse information to which he or she has access by virtue of his or her office or employment and that has not been made public, and shall not:
a. 
Acquire, attempt to acquire or aid another to acquire or attempt to acquire a pecuniary interest in any property, transaction, or enterprise that may be affected by the information;
b. 
Speculate or aid another to speculate on the basis of the information; or
c. 
As a city official coerce another into suppressing or failing to report that information to a law enforcement agency.
(2) 
A city employee or city official shall not with intent to obtain a benefit or with intent to harm or defraud another, disclose or use information for a nongovernmental purpose that:
a. 
The city official or city employee has access to by means of his office or employment; and
b. 
Has not been made public.
(b) 
Definition.
In this section, “information that has not been made public” means any information to which the public does not generally have access, and/or that is prohibited from disclosure under V.T.C.A., Government Code ch. 552.
(Ordinance 461, sec. 2.8, adopted 5/9/06)
(a) 
The city council shall appoint an ethics review commission consisting of five property owners or residents of the city, who shall serve two-year terms from date of appointment. The ethics review commission shall select its chairperson during a meeting of the commission.
(b) 
The ethics review commission has jurisdiction over ethics complaints involving city officials.
(c) 
The ethics review commission shall have the authority to review and investigate complaints filed in accordance with this article and issue a written finding of the commission’s determination when appropriate.
(d) 
Service on the ethics review commission does not preclude a member from filing a complaint with the commission. The commission member filing the complaint must recuse himself/herself from the commission procedure.
(e) 
The ethics review commission makes recommendations to the city council regarding revisions and changes to this article.
(f) 
The ethics review commission may seek any necessary assistance from the city council and city manager regarding financial support needed to carry out the commission’s duties.
(g) 
If warranted, the city attorney may be utilized to advise and assist the commission and take part in hearings.
(Ordinance 461, sec. 2.9, adopted 5/9/06; Ordinance 848 adopted 11/28/2023)
(a) 
The city attorney serves as legal counsel to the ethics review commission. When complaints are filed relating to the mayor, city council members, city manager, or city attorney, independent legal counsel may be utilized to advise the commission and take part in its proceedings.
(b) 
The city attorney serves as ethics advisor to city officials and city employees. As ethics advisor, the city attorney is available to respond confidentially to inquiries relating to the ethics ordinance (this article) and may render advisory opinions on potential conflicts of interest or violation of this section at the request of a city official or city employee. The advisory opinion in any subsequent charges concerning the matter may be used as a defense to an alleged violation of this section unless material facts were omitted or misstated by the person requesting the opinion.
(c) 
The city attorney shall receive all sworn complaints and provide a copy and a preliminary review of the complaint to the commission for action. The preliminary review does not advise on the merits of a complaint.
(d) 
If a complainant alleges a violation by the city attorney, the complaint must be filed with the chairperson of the ethics commission, with a copy to the mayor and the city manager.
(Ordinance 461, sec. 2.10, adopted 5/9/06)
(a) 
Filing.
(1) 
Any city official of the city or eligible voter of the city who believes that there has been a violation of this article may file a sworn complaint. A complaint alleging a violation of this article must meet the requirements herein and must be filed with the city secretary. A complaint alleging a violation of this article by the city attorney must also be filed with the persons named in section 2-270. A complaint must be filed within one year from the date of the alleged violation.
(2) 
Required contents of a complaint. An ethics complaint must be in writing and under oath and must set forth in simple, concise, and direct statements the following:
a. 
The name of the complainant;
b. 
The street or mailing address and the telephone number of the complainant;
c. 
The name of the person who allegedly committed the violation;
d. 
The position or title of the person who allegedly committed the violation;
e. 
The nature of the alleged violation, including, if possible, the specific rule or provision of this article alleged to have been violated;
f. 
A statement of the facts constituting the alleged violation and the dates on which or period of time in which the alleged violation occurred; and must contain the following:
1. 
Documents or other material available to the complainant relevant to the allegation;
2. 
A list of all documents or other material relevant to the allegation and available to the complainant, but that are not in the possession of the complainant, including the location of the documents; if known; and
3. 
A list of all documents or other material relevant to the allegation, but unavailable to the complainant, including the location of the documents, if known.
g. 
If the complaint is based on information and belief, the complaint shall state the source and basis of the information and belief.
(3) 
The complaint must be accompanied by an affidavit stating that the information contained in the complaint is either true and correct or that the complainant has good reason to believe and does believe that the facts alleged constitute a violation of this article.
(4) 
Upon request, the city secretary shall provide information to persons about the requirements of a complaint and the process for filing a complaint.
(b) 
Confidentiality and ex parte communications.
(1) 
No city official or city employee may reveal information relating to the filing or processing of a complaint except as required for the performance of official duties.
(2) 
All documents relating to a pending complaint are confidential, unless they are required to be disclosed under the Texas Public Information Act (V.T.C.A., Government Code ch. 552).
(3) 
After a complaint has been filed, and during the consideration of a complaint by 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. This provision does not prevent a member of the commission to consult with the city attorney regarding procedural and legal issues.
(c) 
Notification.
(1) 
A copy of a complaint which meets the requirements of this section shall be promptly forwarded by the city secretary to the city attorney and to the person charged in the complaint.
(2) 
The person alleged in the complaint to have violated this article shall be provided with a copy of the ethics ordinance (this article) and informed that:
a. 
Within 14 days of receipt of the complaint, a sworn response must be filed with the city secretary;
b. 
Failure to file a response does not preclude the city attorney from processing the complaint;
c. 
A copy of any response to a complaint must be provided by the city secretary to the complainant, who may within seven days respond by sworn writing filed with the city secretary, who shall provide a copy of the sworn writing to the person charged in the complaint.
(3) 
City officials and city employees have a duty to cooperate with the city attorney, pursuant to this section.
(4) 
All members of the commission shall receive copies of the complaint, any background documentation, and any responses at least seven days before a hearing on the matter.
(Ordinance 461, sec. 2.11, adopted 5/9/06)
(a) 
Preliminary hearing.
(1) 
As soon as reasonably possible, but in no event later than 60 days after receiving a complaint, the commission shall conduct a preliminary hearing. The purpose of the preliminary hearing is to determine whether there are reasonable grounds to believe that a violation of this article has occurred.
(2) 
The complainant and the city official or city employee named in the complaint have the right of representation by counsel.
(3) 
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.
(4) 
The person filing a complaint shall state the alleged violation and describe in narrative form the testimony and other evidence which are presented to prove the alleged violation as stated in the written complaint.
(5) 
The city official or city employee named in the complaint shall have the opportunity to respond but is not required to attend or make any statement. The official may describe in narrative form the testimony and other evidence presented to disprove the alleged violation. If the official agrees that a violation has occurred, the commission may consider the appropriate sanction.
(6) 
Only members of the commission may question the complainant, the independent counsel for the commission, or the city official or city employee named in the complaint.
(7) 
At the conclusion of the preliminary hearing one of the following actions shall be taken:
a. 
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 dismissed.
b. 
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.
c. 
If the city official or city employee has agreed that a violation has occurred, the commission may proceed with the preliminary hearing to determine the appropriate sanction.
(b) 
Final hearing.
(1) 
A 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 30 days after said determination. The commission may grant two postponements, not to exceed 15 days each, upon the request of the city official or city employee named in the complaint.
(2) 
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 powers of investigation.
(3) 
The issue at a final hearing is whether a violation of this article has occurred. The commission shall make its determination based on the 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, identify the particular provision(s) of this article which have been violated, and within five working days deliver a copy of the findings to the complainant, the person named in the complaint, and the city secretary. The city secretary shall deliver a copy of the findings to the city council, the city manager and the city attorney.
(Ordinance 461, sec. 2.12, adopted 5/9/06)
(a) 
If the commission determines that a violation of this article has occurred, it shall consider appropriate sanctions. The commission may receive additional testimony or statements before considering sanctions, but is not required to do so.
(b) 
If the commission determines that a violation has occurred, it may impose the following sanctions:
(1) 
A letter of notification is an appropriate sanction when the violation is clearly unintentional. The letter of notification shall advise the city official or city employee of any steps to be taken to avoid future violations.
(2) 
A letter of admonition is the appropriate sanction when the commission finds the violation is minor.
(3) 
A letter of reprimand is the appropriate sanction when the commission finds a serious violation has been committed.
(4) 
A letter of censure is the appropriate sanction when the commission finds that a serious violation has occurred or more than one serious violation or repeated serious violations of this article have been committed.
(c) 
Copies of all sanction letters issued by the commission under this section shall be sent to the city council.
(d) 
In addition, when the seriousness of the violation warrants, the commission may recommend to the city council the suspension or removal from office of any official serving in a city-appointed position.
(e) 
Except with regard to violations of V.T.C.A., Local Government Code chs. 171 and 176, violations of the Penal Code, or violations of the Government Code, a violation by any city official or city employee as designated herein of one or more of the provisions of this article shall not be deemed to be a Class C misdemeanor under the laws of the State of Texas.
(Ordinance 461, sec. 2.13, adopted 5/9/06)
The city secretary shall make available to each new city official designated in this article, a copy of the text of this article; V.T.C.A., Local Government Code chs. 171 and 176 pertaining to conflicts of interest; the Texas Open Meetings Act ( V.T.C.A., Government Code ch. 551); and the Texas Public Information Act ( V.T.C.A., Government Code ch. 552) (collectively referred to in this section as the “ethics statutes”).
(Ordinance 461, sec. 2.14, adopted 5/9/06)
(a) 
Purpose.
Establishment of a policy specifying acceptable use of electronic information systems that are the property of the City of Granite Shoals (City), including computer hardware and software, land line and cellular telephones, printers/plotters, scanners, FAX machines, and electronic messaging (Email and texting) systems.
(b) 
Applicability.
(1) 
This policy applies to all city elected officials, appointed board and commission members, other officials, contractors, volunteers, third parties and others, collectively known as “city users,” authorized to use city owned/leased and operated electronic systems to:
a. 
Access city data;
b. 
Access the internet or city intranet;
c. 
Create/edit electronic content;
d. 
Create, send, and/or receive Email messages, including accessing private Email accounts using city resources;
e. 
Print, plot, image, transmit or receive information by FAX; and
f. 
Communicate using city owned/leased telephone equipment.
(2) 
This policy does not apply to city employees. Electronic information and communication systems used by city employees are governed by the City of Granite Shoals Personnel Policies, including, but not limited to, policy 2.12 (computers and electronic communication devices are for city business).
(c) 
Ownership and use of the city’s electronic systems.
(1) 
The city utilizes electronic systems to allow more efficient and effective methods for the public to contact the city and for city officials and employees to conduct city business. The City of Granite Shoals’ electronic systems are the property of city, and their intended uses are primarily for city related business purposes. Brief and limited use by city users of the city’s electronic systems for activities that do not directly relate to official city business is permissible, provided:
a. 
The use does not interfere with city business or the performance by city employees of their official duties;
b. 
The cost to the city is nominal; and
c. 
The use does not create the appearance of impropriety.
(2) 
The following uses of the city’s electronic systems are prohibited:
a. 
Engaging in private or personal activities, including private or personal use of chat rooms and social media (Facebook, Twitter, Instagram and similar sites);
b. 
Accessing networks, servers, drives, folders, or files to which the user has not been granted access;
c. 
Making unauthorized copies of city files or other city data and records;
d. 
Printing, plotting, imaging or transmitting or receiving documents via fax for personal business purposes;
e. 
Destroying, deleting, erasing, altering or concealing city files or data, or otherwise making such files or data unavailable or inaccessible to the city or to other authorized users of city systems. (Access to files containing private, confidential, or proprietary information, per U.S. and/or Texas laws and regulations, will be restricted according to law.)
f. 
Violating the laws and regulations of the United States or Texas, and city policies and ordinances in any way;
g. 
Engaging in unlawful or malicious activities;
h. 
Propagating any virus, worm, Trojan horse, trap-door program code, or other code or file designed to disrupt, disable, impair, or otherwise harm either the city’s networks or systems or those of any other individual or entity;
i. 
Causing congestion, disruption, disablement, alteration, or impairment of city networks or systems;
j. 
Maintaining, organizing, or participating in non-work-related Web logs (“blogs”);
k. 
Failing to log off any secure, controlled-access computer or other form of electronic data system to which you are assigned, if you leave such computer or system unattended;
l. 
Using recreational games;
m. 
Defeating or attempting to defeat security restrictions on city systems and applications;
n. 
Using city owned land line telephones to make personal long distance calls, or receive personal collect long distance calls;
o. 
Using city owned cellular telephones to make personal calls that are not related to an emergency;
p. 
When creating and sending Email and/or text messages, appropriateness and good judgment must always be exercised. These messages may be subject to disclosure under the Texas Public Information Act and civil litigation discovery procedures. Therefore, the following Email and texting uses are prohibited:
1. 
Communications that may, in any way, be construed by a reasonable person of ordinary sensibilities as disruptive, offensive, abusive, or threatening;
2. 
Communications of sexually explicit images or messages;
3. 
Communications that contain materials that may be construed as harassment or disparagement of others based on race, national origin, sex, age, disability, sexual orientation, or religious beliefs;
4. 
Solicitation for commercial ventures, religious or political causes, outside organizations, or other non work related solicitations, pursuant to city’s current solicitation policy;
5. 
Any other use that may compromise the integrity of the city, harm its image, and/or the conduct of its business in any way;
6. 
Sending chain letters or participating in any way in the creation or transmission of unsolicited commercial Email (“spam”) unrelated to legitimate city purposes;
7. 
Misrepresenting oneself or the city.
(3) 
Users should have no expectation of privacy associated with data and information created by, uploaded to, stored in, or transmitted through the city’s electronic systems. The city reserves the right to examine, audit and disclose all data and information created on, stored in, or transmitted through the city’s electronic systems. Key logging systems and similar tools may be utilized to ensure compliance with this policy.
(d) 
Email on wireless mobile devices.
It is city’s policy that smart phones, tablets, and other wireless devices are not acceptable repositories for Email. Email downloaded to a mobile device should be deleted from it as soon as its purpose has been served.
(e) 
Internet browser policy.
The Internet is to be used to further the city’s mission, to provide effective service of the highest quality to the city’s customers and staff, and to support other direct work-related purposes. The various modes of internet/intranet access are city resources and may be provided as business tools to city users who may use them for research and communications related to official city business. In the event of a conflict between the use of the internet on city-owned equipment by a city user and the day-to-day business operations of the city and its employees, the business operations of the city and its employees shall prevail.
(f) 
Personal electronic equipment.
(1) 
Users should not bring personal computers or data storage devices (such as CDs/DVDs, external hard drives, flash drives or other data storage media) to city facilities or connect them to city electronic systems unless expressly permitted to do so by the city manager. Any person subject to this policy bringing a personal computing or data storage device onto city premises that connects to the city’s computing hardware or network thereby gives permission to the city to inspect the personal device at any time and to analyze any files, other data, or data storage devices or media that may be attached to or contained within the device in question.
(2) 
Users of the city’s WiFi connection without connecting to the city’s network are exempt from this provision.
(g) 
Policy violation.
(1) 
All individuals governed by this policy are individually liable for any and all damages incurred as a result of violating city security policy, copyright, and licensing agreements.
(2) 
Violation of this policy, or failure to permit inspection of any device covered by this policy, shall result in disciplinary action, up to and possibly including immediate termination of employment, contractual relationship, membership on an appointed board, or a letter of censure for a member of city council, depending upon the severity and repeat nature of the offense.
(3) 
In addition, the individual governed by this section may face either/both civil and criminal penalties.
(Ordinance 635, sec. II, adopted 3/11/14)