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:
A board; commission or committee of the city that functions
only in an advisory or study capacity.
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.
A sole proprietorship, partnership, firm, corporation, holding
company, joint-stock company, receivership, trust, or any other entity
recognized in law.
Any person who declares for or files for any office of the
city to be filled by election.
This code of ethics and conduct.
Any economic benefit received in return for labor, services,
property, or investment.
Information to which the following apply:
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
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.
Action upon any matter which would constitute a violation
of this code of ethics, Texas Penal Code or Texas Local Government
Code, chapter 171.
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.
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.
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.
A knowing or willful misrepresentation or concealment of
any item required to be disclosed by this chapter.
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.
A favor, hospitality, or economic benefit, other than compensation,
but does not include campaign contributions reported as required by
state law.
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.
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.
An act performed in a prescribed manner and not requiring
the exercise of any judgment or discretion.
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.
An individual, proprietorship, partnership, corporation,
association or other legal entity.
A person has a substantial interest in a business entity if:
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;
Funds received by the person from the business entity exceed
ten (10) percent of the person’s gross income for the previous
year;
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;
An interest of a family member to the local public official
is a “substantial interest”;
The person holds a position of member of the board of directors
or other governing body of the business entity;
The person serves as an elected officer of the business entity;
The person is an employee of the business entity;
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
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.
A person does not have a substantial interest in a business
entity if:
The person holds a position as a member of the board of directors
or other governing board of a business entity;
The person has been designated by the city council to serve
on such board;
The person receives no remuneration either directly or indirectly,
for his or her service on such board; and
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:
(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.
(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)
