It is hereby declared to be the policy of the city that the proper operation of democratic government require that city elected officials and members of boards and committees be independent, impartial and responsible only to the people of the city. Governmental decisions and policy should be made in the proper channels of the governmental structure; that no city elected official or board or committee member should have any interest financial or otherwise, direct or indirect, or engage in any business, transaction or professional activity or incur any obligation of any nature which is in conflict with the proper discharge of his or her duties in the public interest; that public offices are positions of public trust imposing the duty fiduciary upon all office holders, who are not to use their public position for personal gain, and that the public should have confidence in the integrity of its government. To implement such a policy, the city council deems it advisable to enact this code of ethics and conduct for all elected city officers and board and committee members, whether elected or appointed, paid or unpaid, 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. This code of ethics and conduct is cumulative of other ordinances, city charter provisions and state statutes defining and prohibiting conflict of interest. This code of ethics and conduct is not intended to be nor shall it be used as a political weapon to intimidate or embarrass persons affected.
(Ordinance 950-2012 adopted 10/9/12)
As used in this code of ethics and conduct, the following words and terms shall have the meaning ascribed hereto:
Advisory board.
A board; commission or committee of the city that functions only in an advisory or study capacity.
Benefit.
Anything reasonably regarded as pecuniary gain or pecuniary advantage, including benefit to any another person whose welfare the beneficiary has a direct and substantial interest. A pecuniary gain or advantage shall not include insignificant amounts or items of de minimis value. This policy does not establish dollar limits. “Insignificant [value]” and “de minimis” shall have their usual meanings and be subject to interpretation on a case-by-case basis.
Business entity.
A sole proprietorship, partnership, firm, corporation, holding company, joint-stock company, receivership, trust, or any other entity recognized in law.
Candidate.
Any person who declares for or files for any office of the city to be filled by election.
Code.
This code of ethics and conduct.
Compensation.
Any economic benefit received in return for labor, services, property, or investment.
Confidential information.
Information to which the following apply:
(1) 
At the time of the use or disclosure of the information, the information is not a public record subject to public disclosure under the Texas Public Information Act; and
(2) 
The use or disclosure of the information will have, or could reasonably be expected to have, a material financial effect on any investment or interest in real property that a city officer, board or committee member, or any person to whom the city officer, board or committee member provides the information, has at the time of the use or disclosure of the information or acquires after the use or disclosure of the information.
Conflict of interest.
Action upon any matter which would constitute a violation of this code of ethics, Texas Penal Code or Texas Local Government Code, chapter 171.
Decision.
Any ordinance, resolution, contract, franchise, formal action or other matter voted on by the city council or other city board or commission, as well as the discussions or deliberations of the council, board or commission which can or may lead to a vote or formal action by that body.
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.
Entity.
A sole proprietorship, partnership, limited liability partnership, firm, corporation, professional corporation, holding company, joint-stock company, joint venture, receivership, trust or any other entity recognized by law through which business may be conducted.
False.
A knowing or willful misrepresentation or concealment of any item required to be disclosed by this chapter.
Family member.
A person related in the first or second degree of consanguinity or affinity to any person subject hereto. Consanguinity - 1st degree is an individual’s parent or child; 2nd degree is the individual’s brother, sister, grandparent or grandchild. Affinity - 2nd degree is anyone related by consanguinity to the individual’s spouse within 1st or 2nd degree, or the spouse of anyone related to the individual by consanguinity within the 1st or 2nd degree. Not included - aunts, uncles, cousins.
Gift.
A favor, hospitality, or economic benefit, other than compensation, but does not include campaign contributions reported as required by state law.
Intentionally.
A person acts intentionally or with intent, with respect to the nature of his conduct or to a result of his or her conduct when it his or her 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 or her conduct or to circumstances surrounding his or her conduct when he or she is aware of the nature of his or [her] conduct or that the circumstances exists. A person acts knowingly, or with knowledge, with respect to the result of his conduct when he or she is aware that his or her conduct is reasonably certain to cause the end result.
Ministerial act.
An act performed in a prescribed manner and not requiring the exercise of any judgment or discretion.
Officer.
Any member of the city council and any member of a board or commission or committee established by ordinance, charter or state law; provided no member of an advisory board or committee shall be deemed an officer of the city.
Person.
An individual, proprietorship, partnership, corporation, association or other legal entity.
Substantial interest.
(1) 
A person has a substantial interest in a business entity if:
(A) 
The interest is ownership of ten (10) percent or more of the voting stock or shares of the business entity or ownership of two thousand five hundred dollars ($2,500.00) or more of the fair market value of the business entity;
(B) 
Funds received by the person from the business entity exceed ten (10) percent of the person’s gross income for the previous year;
(C) 
A person has a substantial interest in real property if the interest is an equitable or legal ownership with a fair market value of two thousand five hundred dollars ($2,500.00) or more;
(D) 
An interest of a family member to the local public official is a “substantial interest”;
(E) 
The person holds a position of member of the board of directors or other governing body of the business entity;
(F) 
The person serves as an elected officer of the business entity;
(G) 
The person is an employee of the business entity;
(H) 
The person is a creditor, debtor or guarantor of any person, group or business entity in the amount of five thousand dollars ($5,000.00) or more; or
(I) 
Property of the person has been pledged to a person, group or business entity or is subject to a lien in favor of the person, group or business entity in the amount of five thousand dollars ($5,000.00) or more.
(2) 
A person does not have a substantial interest in a business entity if:
(A) 
The person holds a position as a member of the board of directors or other governing board of a business entity;
(B) 
The person has been designated by the city council to serve on such board;
(C) 
The person receives no remuneration either directly or indirectly, for his or her service on such board; and
(D) 
The primary nature of the business entity is either charitable, nonprofit or governmental.
(Ordinance 950-2012 adopted 10/9/12)
The persons subject to the provisions hereof shall be:
(1) 
The members of the city council, including the mayor; and
(2) 
The members of any board, commission or committee established pursuant to the charter or the ordinances of this city, or the laws of this state including, but not limited to:
(A) 
The city council.
(B) 
The city’s economic development corporation.
(C) 
The city’s crime prevention and control district.
(D) 
The city’s zoning board of adjustments.
(E) 
The city’s planning and zoning commission.
(F) 
The city’s parks board.
(G) 
The city’s library board.
(H) 
Stormwater task force.
(I) 
Strategic planning committee.
(J) 
Energy policy work group.
(K) 
Accident review board.
(L) 
Finance committee.
(3) 
Candidates for any city elected office.
(Ordinance 950-2012 adopted 10/9/12)
(a) 
City officers and advisory board members shall not use their position to secure special privileges and shall avoid situations that could cause any person to believe that they may have brought bias or partiality to a question before the council, any board, or decision maker. When an item to be considered by the council or any board presents a conflict of interest to a city officer or advisory board member, it will be the responsibility of the city official to make such conflict known to the city secretary and to remove himself/herself from discussion and voting on the matter. Members of the council will not condone, overlook or forgive any unethical or illegal activity. All members of the council agree to uphold the intent of this policy and to govern their actions accordingly.
(b) 
City officers and advisory board members shall make a commitment to improve the quality of life for the individual and the community, and be dedicated to the faithful stewardship of the public trust.
(Ordinance 950-2012 adopted 10/9/12)
(a) 
No city officer or advisory board member, or their spouses shall knowingly:
(1) 
Accept or solicit any gift, favor, service or thing of value from any person, group or business entity that might reasonably tend to influence any city officer or advisory board member, or their spouses or herein the discharge of his or her official duties. This prohibition shall not apply to:
(A) 
All occasional nonpecuniary gift, insignificant in value;
(B) 
An award publicly presented in recognition of public service; or
(C) 
Any gift which would have been offered or given to him or her if he or she were not a city officer or advisory board member or their spouses.
(2) 
Grant in the discharge of his or her official duties any improper favor, service or thing of value to any person, group or business entity.
(3) 
Solicit or accept, from any source, any compensation, gift, favor, service, economic benefit, or thing of value, including a promise of future employment, that might reasonably tend to influence him or her, in the discharge of his or her official duties, inconsideration of any person subject hereto of exercising or having exercised any official power or performing or having performed any official duty on behalf of the city from any person, group or business entity:
(A) 
Who is licensed or has a substantial interest in any business entity that is licensed by any city department, agency, commission or board on which the city officer or advisory board member serves; or
(B) 
Who has a financial interest in any proposed ordinance or decision upon which the city officer or advisory board member may or must act or make a recommendation; provided, however, that any city office or advisory board member and their spouses, may accept travel and related expenses to attend ceremonial functions, provided that such acceptance and attendance have been approved by the city council prior to the occurrence of the ceremonial function.
(4) 
Disclose any confidential information gained by reason of the position of the officer, advisory board member or spouse concerning the property, operations, policies or affairs of the city, or use such confidential information to advance any personal interest, financial or otherwise, of such officer or advisory board member, spouse or others. This subsection shall not preclude disclosure of such confidential information in connection with any investigation or proceeding regarding whether there has been a violation of the standards of conduct set forth in this chapter.
(5) 
Use one’s position or office to secure special privileges or exemption for himself/herself or another or for the private gain of the city officer; advisory board member or his or her spouse.
(6) 
Hold him or her out as representing the city in any capacity other than that for which he was appointed, or elected.
(7) 
Engage in or accept private employment or render a service when such employment or service is incompatible with the proper discharge of his or her official duties or would tend to impair his or her independent judgment in the performance of his or her official duties.
(8) 
Make unauthorized use, or permit unauthorized use, of city owned vehicles, equipment, materials or property.
(9) 
Grant any special consideration, treatment or advantage to any citizen beyond that which is available to every other citizen.
(10) 
After termination of service with the city, appear before any board or commission of the city in relation to any case, proceeding or application in which he or she personally participated or which was under his or her active consideration during the period of his or her service.
(11) 
Transact any business in his or her official capacity with the city with a business entity in which he or she has a substantial interest.
(12) 
Engage in any dishonest or criminal act or any other conduct prejudicial to the government of the city or that reflects discredit upon the government of the city.
(13) 
Perform or refuse to perform any act in order to deliberately thwart the execution of city ordinances, rules or regulations or the achievement of official city programs.
(14) 
Be an interested party to any exchange, purchase, or sale of property, goods, or services with the city or enter into any contract with the city, except in full and impartial compliance with statutes, city charter, ordinances and regulations applicable thereto and subject to any restrictions of the charter of the city; 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 of the city, in connection with any such transaction shall be exercised impartially and upon the same standards applied to all city citizens.
(b) 
No member of the city council or city officer shall knowingly represent, directly or indirectly, any person, group or business entity:
(1) 
Before the city council or any department, agency, board or commission of the city;
(2) 
In any action or proceeding against the interests of the city or in any litigation in which the city or any department, agency, board or commission is a party;
(3) 
In any action or proceeding in the municipal court(s) of the city which was instituted by a city officer or employee in the course of his or her official duties, or a criminal proceeding in which any city officer or employee is a material witness for the prosecution; or
(4) 
In any action or proceeding in the municipal court(s) of the city which was instituted by a city officer or employee in the course of his or her official duties, or a criminal proceeding in which any city officer or employee is a material witness for the prosecution. [sic]
(c) 
The restrictions contained in subsection (b) do not prohibit the following:
(1) 
A member of a city board or commission (other the city council), or his or her spouse, appearing before the city council or a city department, agency, board or commission to represent himself or herself in a matter affecting his or her property; provided, however, that no such person, or his or her spouse, shall appear before the board or commission of which he or she is a member;
(2) 
An officer of an employee organization appearing before the city council or a city department, agency, board or commission to address employment matters.
(d) 
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 at any time 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 department head of any city department or agency that had direct, or indirect, review or consideration, or recommending or approval authority for the project or decision which is the subject of the award of such bid or contract.
(e) 
A person subject hereto who serves as a corporate officer or member of the board of directors of a nonprofit entity may not participate in a vote or decision regarding funding by or through the city for the entity, if said official receives any fee, compensation or other monetary payment from the entity, unless the city council appointed such city official to the board of directors or such corporate office.
(f) 
Nothing in this article shall prohibit the city council from participating in a vote or decision relating to salaries or travel budgets of city councilmembers.
(g) 
No person subject hereto shall use his or her official position to secure confidential information for any purpose other than official responsibilities.
(h) 
No person subject hereto shall use city facilities; personnel, equipment or supplies for private purposes; except to the extent such are customary, incidental or lawfully available to the public.
(i) 
The city charter shall govern the appointment to and removal of persons from employment with the city. The city manager is responsible for the appointment and removal of employees. Except for the purpose of inquiry the city council and its members shall deal with the city departments and city employees for which the city manager is responsible solely through the city manager, and neither the council or any member thereof shall give orders to any of the subordinates of the city except during the administration of their duties at the council meetings.
(j) 
The restrictions in this section do not prohibit the following:
(1) 
Rendering service to the city as an officer, employee or advisory board member;
(2) 
The paying of taxes, fines, utility service or filing fees;
(3) 
Subject to restrictions contained in the charter of the city, executing and performing any community facilities contract or plat in compliance with laws and regulations applicable to any person; provided, however, that if any city ordinance, rule or regulation allows any discretion by the appropriate officers of the city in the interpretation or enforcement of such ordinance, rule or regulation, such officers shall exercise such discretion in favor of the city in connection with any such community facilities contract or plat;
(4) 
Purchasing goods or services from the city in full compliance with all applicable state and local laws;
(5) 
Members and spouses of members of the advisory boards set up by ordinance, charter or state law who are not otherwise officers of the city, may engage in any exchange, purchase or sale of property, goods or services with the city, or enter into a contract with the city, provided however, that the board of which they are members has no advisory function or cognizance, direct or indirect, present or prospective, with respect to the transaction in which such advisory board member engages or proposes to engage;
(6) 
A city contract for the purchase of services or personal property with a business entity in which a member of the governing body has a substantial interest if the business entity is the only business entity that provides the needed service or product within the jurisdiction of the city and is the only business entity that bids on the contract.
(Ordinance 950-2012 adopted 10/9/12; Ordinance 1239-2019, sec. 98, adopted 8/13/19)
(a) 
The city council hereby directs all members of the city council, or members of appointed boards and commissions to present a statement annually to the city secretary by October 15th of each fiscal year in a form as set forth on the attached exhibit A of Ordinance 950-2012 which is incorporated herein for all purposes and if applicable by the required forms CIS and CIQ (chapter 176 Local Government Code); such statement providing a complete disclosure of business and professional relationships with entities that do business with the city or plan to do business with the city in the future. Any individual required to complete this statement has a duty to amend the statement if a change in its disclosures should occur during each fiscal year. Amendments must occur by 5:00 p.m. on the seventh (7th) business day after the date in which the individual acquired knowledge of the change. Any individual who fails to file a required disclosure pursuant to this section not later than the seventh business day after the date the person received notice from the city secretary may be removed from office by majority vote of the council for failure to conform to the requirements of this article.
(b) 
If any of the following interests are involved in any decision pending before any city or advisory board member, or the body of which he or she is a member, such officer or advisory board member must disclose such interest as provided in subsection (c) below, but he or she shall be permitted to vote on and participate in the consideration of such matter:
(1) 
A decision concerning a bank or financial institution from which the officer or advisory board member has a home mortgage, automobile loan, or other installment loan, if the loan is not currently in default, was originally for a term of more than two (2) years and cannot be accelerated except for failure to make payments according to the terms thereof;
(2) 
A decision concerning a bank or other financial institution in which the officer or advisory board member holds a savings account, checking account or certificate of deposit and which is fully insured by the U.S. Government or an agency thereof;
(3) 
A decision concerning a business entity with which the officer or advisory board member has a retail or credit card account;
(4) 
A decision concerning the approval of substitution of collateral by a city depository bank;
(5) 
A decision concerning real property in which the officer or advisory board member has a substantial interest if it is not reasonably foreseeable that such decision would have a special economic effect on the value of the property distinguishable from the effect on the public (see section 171.004, Texas Local Government Code).
(c) 
A city officer or advisory board member shall disclose the existence of any substantial interest in any person, business entity or real property involved in any decision pending before such officer or advisory board member, or the body of which he or she is a member. To comply with this subsection, a city officer or advisory board member shall prior to any discussion or determination of the matter either file an affidavit of disclosure as required by section 171.004 of the Texas Local Government Code or, if not so required, shall publicly disclose in the official records of the city to the city secretary the nature of the interest. In disclosing a substantial interest in a business entity, a city officer or advisory board member shall not be required to disclose the dollar amount of any income that he or she receives from the business entity.
(d) 
Where the interest of a city officer or advisory board member in the subject matter of a vote or decision is remote or incidental, the city officer or advisory board member may participate in the vote or decision and need not disclose the interest.
(1) 
“Remote interest” means an interest of a person or entity, including a city officer or advisory board member, who would be affected in the same way as the general public. The interest of a councilmember in the property tax rate, general city fees, city utility charges or a comprehensive zoning ordinance or similar decisions is incidental to the extent that the councilmember would be affected in common with the general public.
(2) 
“Incidental interest” means an interest in a person, entity or property which is not a substantial interest and which has insignificant value, or which would be affected only in a de minimis fashion by a decision. This article does not establish dollar limits on the term “insignificant value” and “de minimis” which shall have their usual meanings and be subject to interpretation on a case-by-case basis.
(Ordinance 950-2012 adopted 10/9/12)
Any person being considered, or with an application pending for appointment to any city board, commission, or committee established pursuant to the charter or ordinances of the city or the laws of the state if that person has made a financial contribution of $250.00 or more to the election campaign of a member of the city council during the two years preceding the date of the proposed appointment, the councilmember or members who received such contribution(s) must abstain from voting on such appointment. All persons shall enter upon the application for city boards, commissions, information regarding any financial contribution as noted above, or if an application is on file for an appointment, shall notify the city secretary of such contributions for notation on the application within 30 days of the passage of this article. The city secretary shall send a copy of this section to all persons who have an application on file requesting appointment. The provisions of this section shall apply only to contributions made on or after January 1, 2004.
(Ordinance 950-2012 adopted 10/9/12)
(a) 
The city council shall have the primary duty to enforce this code and shall take appropriate action involving the investigation and prosecution of an apparent violation of this code.
(b) 
Any person who believes that a violation of any portion of this code has occurred may file a complaint with the city council which may then proceed as provided in subsection (a).
(Ordinance 950-2012 adopted 10/9/12)
(a) 
The city attorney shall only issue advisory opinions concerning how this code applies prospectively to a particular situation, or how the definition of terms used herein applies prospectively to such a situation. The city attorney shall not issue advisory opinions to city officer or advisory board members in matters when a complaint is already pending with the city council or the situation in question has already occurred. These matters shall be handled as provided in section 15.01.008 hereof.
(b) 
Until amended or revoked, any advisory opinion shall be binding on the city, the city council and the city attorney in any subsequent actions concerning the public officer or advisory board member who sought the opinion and acted on it in good faith, unless material facts were omitted or misstated in the request for the advisory opinion. Such opinion shall not be binding in any judicial proceedings initiated by any private citizen.
(Ordinance 950-2012 adopted 10/9/12)
Any contract or transaction which was the subject of an official act or action of the city in which there is an interest prohibited by this code, or which involved the violation of a provision of this code; shall be voidable at the option of the city council.
(Ordinance 950-2012 adopted 10/9/12)
The city secretary shall cause a copy of this code in booklet form to be distributed to and signed for by every officer and advisory board member of the city within thirty (30) days after enactment of this code. Each officer and advisory board member thereafter elected or appointed shall be furnished and sign for a copy before entering upon the duties of his or her office.
(Ordinance 950-2012 adopted 10/9/12)