(a) 
The mayor and city council believe that, as public servants, it is our responsibility to strengthen the faith and confidence of all of our community members in our government by adopting policies for our employees and ourselves as ethical guidance in the performance of our official duties.
(b) 
While we all strive to adhere to the statutory requirements of state law regarding the conduct of public servants, conflicts of interest and the acceptance of gifts and benefits from the public, we believe that the residents of the city expect more of their public officials, appointees and employees. This policy underscores our core belief that the mere impression of impropriety damages our ability to be effective in carrying out our duties to the public and diminishes the trust of our constituents in our government. It is the intent of this Ethics Policy to set guidelines and clearly state the expectations we believe should be followed with regard to acceptable and ethical standards for those under the jurisdiction of this policy.
(Ordinance 365.01 adopted 12/12/18)
This article applies to the actions and conduct of the mayor, city council, city staff and employees, and all city officials and contractors as defined herein.
(Ordinance 365.01 adopted 12/12/18)
Words and phrases used in this article shall have the meanings set forth in this division. Terms that are not defined below, but are defined elsewhere in this code, shall be given the meanings set forth in this code. Words and phrases not defined in this code shall be given their common, ordinary meaning unless the context clearly requires otherwise. When not inconsistent with the context, words used in the present tense shall include the future tense; words in the plural number shall include the singular number (and vice versa); and words in the masculine gender shall include the feminine gender (and vice versa). The word “shall” is always mandatory, while the word “may” is merely directory. Headings and captions are for reference purposes only.
(Ordinance 365.01 adopted 12/12/18)
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Association.
An incorporated or unincorporated nonprofit organization, church, club, or civic group.
Benefit.
Anything reasonably regarded as pecuniary gain or pecuniary advantage, including benefit to any other person in whose welfare the beneficiary has a direct and substantial interest (Texas Penal Code 36.01(3)).
Business entity.
A sole proprietorship, partnership, firm, corporation, holding company, joint-stock company, receivership, trust, or any other entity recognized by law.
City.
The City of West Lake Hills, an incorporated municipality located in Travis County, Texas.
City administrator.
The chief administrative officer appointed by the city council.
City council member.
An elected or appointed member of the city’s governing body, including the mayor.
City employee.
A person appointed to serve full-time or part-time as an employee of the city. Employees are paid for their services to the city. The city withholds federal taxes for employees. This term excludes independent contractors and professional services providers unless otherwise expressly included.
City official.
Unless otherwise expressly limited, the mayor, every member of the city council, all city employees and officers including the city administrator, the city secretary, the city attorney and assistant city attorneys, city contractors as defined herein, the chief of police, and all members of any commission, committee, or board appointed by the city council, For purposes of this article, the term city official does not include police department personnel other than the chief of police, who are subject to separate departmental policies.
Conflict of interest.
When a person has, or reasonably could be perceived to have, an incentive to make a decision or a recommendation that would be inconsistent with acting solely in the public interest of the city or that would provide a financial benefit to the person. It also includes a personal or business relationship or other interest that could reasonably be expected to diminish the person’s independence of judgment in the performance of the person’s responsibility to the public interest of the city.
City contractor.
A professional services provider engaged by the city who receives compensation from the city. The term includes and is limited to, accountants, architects, engineers, financial advisors, landscape architects, lawyers, and city planners.
Family member.
A person related to another person within the first degree by consanguinity or affinity, as described by subchapter B, chapter 573, of the Texas Government Code.
Gift.
A benefit offered by a person or entity, including food and beverages, lodging, transportation, and entertainment accepted as a guest. The term does not include a benefit offered on account of kinship or a personal, professional, or business relationship independent of the official status of the city official or recipient. The term does not include expenditures for food and beverages that do not exceed $50.00 per day per recipient.
Group.
A club, church, nonprofit corporation, unincorporated association, civic group, or trade association or professional association.
Matter.
An action or item under consideration that can result in a vote, recommendation or other exercise of official discretion by a city official.
Nepotism.
The bestowal of patronage by public officers in appointing others to positions by reason of blood or marital relations to the appointing authority.
PAC.
A political committee (general or special purpose) organized under the laws of the state.
Person.
A human individual, association, corporation, sole proprietorship, or agency, or the duly authorized representative thereof.
Subdivided tract.
A tract of land, as a whole, that is subdivided. The term does not mean an individual lot in a subdivided tract of land.
Vendors.
Persons, businesses, or corporations who sell products, equipment, or services.
(Ordinance 2020-014 adopted 10/14/20)
(a) 
The city council may enforce the provisions in this article via:
(1) 
Private reprimand;
(2) 
Public reprimand; and/or
(3) 
An agreement regarding steps to atone for past unethical conduct and prevent future unethical conduct.
(b) 
A violation of any provision of this article by a city official or any person shall constitute a misdemeanor punishable as provided in this code (or otherwise by state law).
(c) 
Ethics complaints.
(1) 
Ethics complaints are allegations that a city official or other person violated this article.
(2) 
Ethics complaints must be filed with the city secretary and written on, or accompanied by, a completed form promulgated by the city attorney.
(3) 
To be actionable, an ethics complaint must:
(A) 
Be in writing, and must state the complainant’s:
(i) 
Name,
(ii) 
Street or mailing address,
(iii) 
Email address, and
(iv) 
Phone number;
(B) 
Be signed under oath;
(C) 
Allege a specific violation of this article; and
(D) 
Be filed within six (6) months of the conduct giving rise to the allegation. If evidence could not have reasonably been discovered within the one-year period later becomes known, a complaint may be filed within six (6) months of the date of discovery of the conduct, but not later than two (2) years from the date of the conduct.
(d) 
The city secretary shall be the person responsible for receiving complaints, determining whether complaints satisfy the requirements of subsection (c), and forwarding actionable complaints to the city administrator, unless the complaints regarding violation of this article concern the city secretary, in which case the complainant shall file the complaint with the city administrator, who shall then determine whether the complaint satisfies the requirements of subsection (c). If the complaint does not meet the requirements of subsection (c), the city secretary (or city administrator, if the complaint involves the city secretary), shall notify the complainant in writing within fifteen (15) business days that the complaint is deficient, and specifying why the complaint is deficient. The complainant will have 10 business days after receiving this notice to re-submit the complaint. If the complainant does not re-submit the complaint within 10 business days of receiving notice of the deficiencies, no further action will be taken. If the complainant re-submits the complaint, and the resubmitted complaint does not satisfy the requirements of subsection (c), the city secretary (or city administrator, if the complaint involves the city secretary), shall notify the complainant in writing within fifteen (15) business days that no further action will be taken. If the resubmitted complain does satisfy the requirements of subsection (c), the complaint shall be forwarded to the city administrator for investigation under subsection (f).
(e) 
Complaints will be investigated by the city administrator in consultation with the city attorney, who will receive regular oral or written reports regarding progress. The city administrator shall fully investigate complaints within two weeks of the city secretary’s (or city administrator’s) determination that the complaint is actionable, or, if further investigation is required, the city administrator shall report to the city council at the next council meeting following the expiration of two weeks. Complaints against the city administrator, the city attorney, or an assistant city attorney shall be investigated by a subcommittee of the city council appointed by the council, in accordance with the same process and procedures outlined above.
(f) 
The city council shall make all final decisions regarding violations of this article, including action to recommend prosecution for any criminal sanction and/or civil fine, to the city attorney or outside counsel. The person accused of violating this article shall have an opportunity to speak on his or her behalf at the meeting where the city council considers the violation of this article. If a city council member is the subject of the complaint being considered, the council member shall abstain from voting on the violation. If more than two city council members are the subject of the same complaint, an arbitrator shall make the final decision regarding the violation. The arbitrator shall be chosen by the city attorney from a list of disinterested arbitrators approved by the city council.
(1) 
Any arbitrator approved by the city council must have completed a minimum of 40 classroom hours of training in dispute resolution techniques in a course conducted by an alternative dispute resolution system or other dispute resolution organization.
(2) 
If the city attorney is also the subject of the complaint, the arbitrator shall be selected by the city administrator.
(3) 
If the city administrator is also the subject of the complaint, the arbitrator shall be selected by the city secretary.
(g) 
Nothing in this article shall be interpreted to circumvent, alter, or restrict the mandates of state or federal law, or preclude action for removal of a member of a governing body of a general-law municipality under Texas Local Government Code chapter 21, subchapter B.
(h) 
Nothing in this article shall be interpreted to replace or supersede any criminal sanctions prescribed by state or federal law.
(Ordinance 365.01 adopted 12/12/18)