It is hereby declared to be the policy of the city that the
proper operation of government requires that public officials and
employees be independent, impartial and responsible to the people
of the city; that governmental decisions and policy should be made
in the proper channels of the governmental structure; that no official
or member of any board, commission or committee should have any financial
or other interest, 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 duties in the public
interest; that no city official should render any decisions on behalf
of the city and the public based on undue influence or favoritism
toward any person, entity or professional organization that the city
official may be affiliated with; that public office and public employment
are positions of public trust imposing the duty of a fiduciary upon
all city officials, who are not to use their public position for personal
gain or for the benefit of any person, entity or professional organization
with whom the city official is affiliated; 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 policy
for city officials to serve not only as a guide for official conduct
of the city officials but also as a basis for discipline for those
who refuse to abide by its terms. This policy shall be cumulative
of other ordinances, city charter provisions and state statutes defining
and prohibiting conflicts of interest.
(Ordinance 970 adopted 8/9/11; 2004 Code, sec. 9.701; Ordinance 1234 adopted 6/21/22)
As used in this article, the following words and phrases have
the meanings ascribed to them below:
The city council and any board, commission, committee or
other body created by the city council pursuant to federal or state
law or city ordinance, including boards that may be advisory-only
in nature.
The following persons: Any member of the city council, the
planning and zoning commission, the board of adjustment, and any member
of a board, commission or committee established by ordinance, charter
or state law and appointed by the city council. References to the
city council or council member in this article shall include the mayor.
A sole proprietorship, partnership, firm, corporation (including
nonprofit corporations), holding company, joint-stock company, receivership,
trust, unincorporated association, or any other entity recognized
by law.
(Ordinance 970 adopted 8/9/11; 2004 Code, sec. 9.702; Ordinance 1234 adopted 6/21/22)
(a)
A
city official shall disclose the existence of any substantial interest
in an entity or real property involved in any decision pending before
such official or the body of which he or she is a member. To comply
with this subsection a city official shall, prior to any discussion
or determination of the matter, either file an affidavit of disclosure
as required by chapter 171 of the Texas Local Government Code or,
if not so required by chapter 171, shall publicly disclose in the
official records of the body or with the city manager or his/her designee
the nature of the interest, and shall abstain from further discussion
and voting on the matter. The conflicts disclosure statement shall
be filed with the city manager or his/her designee prior to the official
or body of which he or she is a member considering any matter involving
the real property of the entity in which the city official has substantial
interest. Nothing in this article shall be construed to alleviate
any duty or action required by a city official under chapter 171 of
the Texas Local Government Code.
(b)
For
purposes of this article, a person has a substantial interest in an
entity if:
(1)
The person owns 10 percent or more of the voting stock or shares
of the entity or owns either 10 percent or more or $15,000.00 or more
of the fair market value of the business entity;
(2)
Funds received by the person from the entity exceed 10 percent of
the person’s gross income for the previous year;
(3)
The person serves on the board of directors or other governing body
of the entity.
(c)
For
purposes of this article, a person does not have a substantial interest
in an entity if all of the following conditions are met:
(1)
The person holds a position as a member of the board of directors
or other governing board of an entity;
(2)
The person has been appointed by the city council to serve on such
board;
(3)
The person receives no remuneration, either directly or indirectly,
for his or her service on such board; and
(4)
The primary nature of the business entity is governmental.
(d)
A
person has a substantial interest in real property if the interest
is an equitable or legal ownership with a fair market value of $2,500.00
or more.
(e)
A
city official is considered to have a substantial interest under this
section if a person related to the official in the first degree by
consanguinity or affinity, as determined under chapter 573, Government
Code, has a substantial interest under this section.
(Ordinance 970 adopted 8/9/11; 2004 Code, sec. 9.703; Ordinance adopting 2021 Code; Ordinance 1234 adopted 6/21/22)
(a)
No
city official, or their spouses, shall knowingly:
(1)
Accept or solicit any gift, favor, service or thing of value, including
a promise of future employment, from any person, group or business
entity that might reasonably tend to influence him or her in 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)
Disclose any confidential information gained by reason of the position
of the city official 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 city official
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 article.
(4)
Use one’s position or office of employment or city facilities,
personnel, equipment or supplies to secure special privileges or exemptions
for oneself or others or for the private gain of the city official
or spouse.
(5)
Engage in any exchange, purchase or sale of property, goods or services
with the city, except:
(A)
Rendering services to the city as city official;
(B)
Paying taxes, fines, utility service or filing fees;
(C)
City board members who are not otherwise officers or employees 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 that the board on which they are a member has no advisory
function or cognizance, direct or indirect, present or prospective,
with respect to the transaction in which such city board member engages
or proposes to engage.
(6)
Hold himself or herself out as representing the city in any capacity
other than that for which he or she was appointed, elected or hired.
(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 or permit the 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)
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.
(11)
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.
(12)
Knowingly 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.
(b)
No
city official 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 thereof is a party; or
(3)
In any action or proceeding in the municipal courts 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.
(c)
No
city official shall knowingly represent, directly or indirectly, any
person, group or business entity:
(1)
Before the city council or the board or commission of which he or
she is a member;
(2)
Before a board or commission which has appellate jurisdiction over
the board or commission of which he or she is a member;
(3)
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 thereof is a party; or
(4)
In any action or proceeding in the municipal courts 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.
(d)
The
restrictions in this section do not prohibit a city official (other
than 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.
(e)
The
restrictions in this section do not apply to business associates of
city officials, but only personally to the city officials themselves.
(Ordinance 1234 adopted 6/21/22)
(a)
Any
person who has information that indicates a city official may have
violated the provisions of this article may provide that information
to any member of the city council or the city manager or his/her designee
in writing. Upon receiving a written complaint, the city council,
at its next regularly scheduled meeting, shall consider whether the
individual against whom a complaint has been made has violated this
article. The city council may hear testimony and consider evidence
on the matter. The city council shall make a finding by majority vote
whether the city official has violated this article; provided that
the member accused of the violation shall not vote on any matter involving
that member. If no violation is found to have occurred, the city council
may issue a statement finding the complaint is totally without merit,
brought for the purpose of harassment, or brought in bad faith.
(b)
Except
where otherwise provided by state law, it is not the intent for violations
of this article to be subject to criminal penalties. If the city council
determines that a city official has violated this article, the city
council may take one of the following actions:
(1)
Admonition.
A verbal nonpublic statement made by the
mayor to the city official. An admonition is appropriate when the
violation is minor or may have been unintentional.
(2)
Reprimand.
Administered to the city official by letter.
The letter shall be prepared by the mayor, unless the mayor is accused
of the violation, in which case the mayor pro tem shall prepare the
letter. A reprimand is appropriate when a violation has been made
knowingly and intentionally.
(3)
Censure.
A written statement administered personally
to the city official at the next regularly scheduled meeting of the
city council. The censure shall be administered by the mayor, unless
the mayor is accused of the violation, in which case the mayor pro
tem shall administer the censure. The censure shall be given publicly
and the city official shall not make any statement in support of or
in opposition thereto. A censure shall be administered at the next
regularly scheduled meeting of the city council, regardless of whether
the city official appears as required.
(4)
Other sanctions.
Any sanction imposed under this section
is in addition to and not in lieu of any other penalty, sanction,
or remedy which may be imposed or sought under state law or charter
provisions.
(Ordinance 1234 adopted 6/21/22)
(a)
City
officials shall at all times treat each other and staff with respect
and dignity.
(b)
The
mayor shall preserve order and decorum of city council meetings. The
presiding officer shall preserve order and decorum of meetings of
all other city boards.
(c)
City
officials shall listen courteously and attentively to all public discussions
before the city board. City officials shall refrain from interrupting
other speakers, making personal comments not germane to the public
business before them and posted on the agenda, or otherwise interfering
with the orderly conduct of meetings.
(d)
During
meetings of a city board, all city officials shall refrain from abusive
conduct, shouting, argumentative/aggressive behavior, or verbal attacks
upon other board members, council members, city staff members, or
members of the general public.
(e)
If
any provision of this section is violated during a meeting of a city
board, including a city council meeting, the mayor or the presiding
officer shall first request that the city official who is breaching
the standards of conduct cease the disruptive conduct.
(f)
If,
after receiving a warning from the mayor or the presiding officer,
the city official persists in disturbing any city board meeting, the
mayor or the presiding officer shall order the person to leave the
meeting. If such person does not remove himself, the mayor or the
presiding officer shall order any law enforcement officer who is on
duty to remove that person from the meeting room.
(Ordinance 970 adopted 8/9/11; 2004 Code, sec. 9.704; Ordinance 1234 adopted 6/21/22)
The city secretary shall cause a copy of this article to be
distributed to and signed for by every city official within 30 days
after enactment of this article. Each city official thereafter elected
or appointed shall be furnished and sign for a copy before entering
upon the duties of his or her office.
(Ordinance 1234 adopted 6/21/22)
