(a)
The
citizens and businesses of the city are entitled to have fair, ethical
and accountable local government which earns the public’s full
confidence for integrity. The strong desire of the city to fulfill
this expectation therefore requires that city officials, both elected
and appointed, and employees:
(b)
To
this end, the city council has adopted this code of ethics and conduct
for city officials and employees to assure public confidence in the
integrity of local government and its effective and fair operation.
(Ordinance 831 adopted 5/18/20)
The following words, terms and phrases, when used in this division,
shall have the meanings subscribed to them in this section.
A corporation, partnership, sole proprietorship, firm, holding
company, joint stock company, receivership, trust or any other for
profit or nonprofit entity.
The legislative and governing body of the city consisting
of the mayor and city council members.
Any member of the city council and any appointed member of
a board, commission, or committee set up by ordinance, state law or
otherwise, on a temporary or permanent basis, the city manager, city
secretary, and chief of police.
Any person employed by the city, including those individuals
on a part-time basis, including independent contractors hired by the
city for repetitive performance of services, but not independent contractors
engaged for occasional services.
(Ordinance 831 adopted 5/18/20)
Recognizing that stewardship of the public interest must be
their primary concern, city officials and employees will work for
the common good of the people of Jourdanton and not for any private
or personal interest, and they will assure fair and equal treatment
of all persons, claims and transactions coming before the city council,
boards, commissions, and committees.
(Ordinance 831 adopted 5/18/20)
City officials and employees shall comply with the laws of the
nation, the state, and the city in the performance of their public
duties. These laws include but are not limited to: the United States
and Texas constitutions; laws pertaining to conflicts of interest,
election campaigns, financial disclosures, employer responsibilities,
and open processes of government; and city ordinances and policies.
(Ordinance 831 adopted 5/18/20)
The professional and personal conduct of city officials and
employees must be above reproach and avoid even the appearance of
impropriety. City officials and employees shall refrain from abusive
conduct, personal charges or verbal attacks upon the character or
motives of other city officials and employees, board, commission,
and committee members and the public.
(Ordinance 831 adopted 5/18/20)
City officials and employees shall perform their duties in accordance
with the processes and rules of order established by the city council
and boards, commissions, and committees governing the public deliberation
of public policy issues, meaningful involvement of the public, and
implementation of policy decisions of the city council by city staff.
(Ordinance 831 adopted 5/18/20)
City officials have an obligation to attend meetings and be
prepared for public issues; listen courteously and attentively to
all public discussions before the body; and focus on the business
at hand. They shall refrain from interrupting other speakers, making
personal comments not germane to the business of the body, or otherwise
interfere with the orderly conduct of meetings.
(Ordinance 831 adopted 5/18/20)
It is expected that city officials and employees review material,
participate in discussion and base their decisions on the merits and
substance of the matter at hand.
(Ordinance 831 adopted 5/18/20)
Prior to permitting final action to be taken on a matter under
consideration city officials and employees shall publicly share substantive
information, which they may have received from sources outside the
public decision-making process, that is relevant to such action by
the council, boards, commissions, or committees.
(Ordinance 831 adopted 5/18/20)
City officials and employees shall familiarize themselves and
abide by the following conflicts of interest and disclosure statutes
and principles. It is the expressed intent of the city that by adopting
this ordinance, that all city officials and employees shall adhere
to the disclosure requirements set forth herein whether the statute
referenced would require such disclosure by a particular official
or employee, or not:
(1)
Section
171 of the Local Government Code which requires council members and
certain officers to file an affidavit disclosing a substantial interest
in a business or property that would be beneficially affected by a
decision of the city council and thereafter abstaining from participation
in discussion and voting on the matter. Once the disclosure is made
the city official is to remove themselves from the meeting area to
ensure their presence does not hinder the discussion of the item or
influence the vote.
(2)
Section
176 of the Local Government Code which requires city council members
and the city administrator to file a conflicts disclosure statement
disclosing any business relationship with a person or business doing
business with the city or being considered by the city for a business
relationship.
(3)
Section
176.003(a)(2)(B) of the Local Government Code which requires the disclosure
of gifts of an aggregate value of more than $100.00 in the twelve
(12) month period preceding a transaction described in section 176,
other than gifts of food, lodging, transportation, or entertainment
accepted as a guest.
(4)
Sections
553.001–553.003 of the Government Code which requires the filing
of an affidavit before the date the city will acquire a property in
which public servants have a legal or equitable interest.
(5)
City
employees shall disclose potential conflicts of interest to their
supervisor and avoid participation in the handling of matters wherein
employees have a personal interest.
(6)
In
order to assure their independence and impartiality on behalf of the
public good, city officials and employees are prohibited from using
their positions to influence government decisions in which they have
a personal interest.
(Ordinance 831 adopted 5/18/20)
City officials and employees shall familiarize themselves and
abide by the Penal Code mandates concerning corruption, including
specifically section 36.02 prohibiting bribes, section 36.08(d) prohibiting
illegal benefits, section 36.09 prohibiting receipt of prohibited
gifts, section 39.02 concerning abuse of official capacity and section
39.06(a) concerning misuse of official information.
(a)
City
officials and employees shall not utilize the city’s name or
logo for purposes of endorsing any political candidate or business.
City employees shall not engage in electioneering while on the job.
Electioneering means working for the election of a candidate to political
office.
(b)
City
employees shall not be appointed or retained on the basis of their
political support or activities. Employees shall not engage in political
activities relating to a campaign for elective office while in uniform
or on active duty. Employees elected to city offices shall be required
to resign their employment upon acceptance of the office.
(c)
City
employees are prohibited from using their municipal title or position
in any advertisement or endorsement of products, persons or activities,
without exclusive authorization by the city council.
(Ordinance 831 adopted 5/18/20)
City officials and employees shall respect the confidentiality
of information concerning city property, personnel or proceedings
of the city. They shall neither disclose confidential information
without proper legal authorization, nor use such information to advance
their personal interests.
(Ordinance 831 adopted 5/18/20)
City officials and employees shall not use public resources
generally unavailable to the public, such as city staff time, equipment,
supplies or facilities, for private gain or personal purposes.
(Ordinance 831 adopted 5/18/20)
In keeping with their role as stewards of the public interest,
city officials and employees shall not appear on behalf of private
interests of third parties before the council or any board, commission,
committee, or proceeding of the city.
(Ordinance 831 adopted 5/18/20)
City officials and employees shall represent the official policies
or positions of the city council, board, commission, or committee
to the best of their ability when designated as delegates for this
purpose. When presenting their individual opinions and positions,
city officials and employees shall explicitly state they do not represent
their body or the city, nor will they allow the inference that they
do.
(Ordinance 831 adopted 5/18/20)
City officials and employees shall respect and adhere to the
city governmental structure as outlined in state law, the city’s
policies and procedures. In this structure, the city council determines
the policies of the city with the advice, information and analysis
provided by the public, boards, commissions, and committees and city
staff. Except as provided by the city ordinance, city officials therefore
shall not interfere with the administrative functions of the city
or the professional duties of the city staff; nor shall they impair
the ability of staff to implement council policy decisions.
(Ordinance 831 adopted 5/18/20)
Because of the value of the independent advice of boards, commissions,
and committees to the public decision-making process, city officials
shall refrain from using their position to influence unduly the deliberations
or outcomes of board, commission, and committee proceedings. This
section should not be interpreted to limit the participation of a
city official on a board, commission or committee to which they have
been duly appointed by the city council.
(Ordinance 831 adopted 5/18/20)
City officials shall support the maintenance of a positive and
constructive work place environment for city employees and for citizens
and businesses dealing with the city. City officials shall recognize
their special role in dealing with city employees and refrain from
creating the perception of inappropriate direction to staff.
(Ordinance 831 adopted 5/18/20)
(a)
As
an expression of the standards of conduct for city officials and employees
expected by the city, the city code of ethics and conduct is intended
to be self-enforcing. It therefore becomes most effective when city
officials and employees are thoroughly familiar with it and embrace
its provisions.
(b)
Ethical
standards shall be included in the regular orientations for candidates
for city council, applicants to boards, commissions, and committees
and newly elected and appointed officials and new employees.
(c)
City
officials and employees entering office, including those appointed
to boards, commissions and committees shall sign a statement affirming
they have read and understood the city’s code of ethics and
conduct. In addition, the code of ethics and conduct shall be reviewed
periodically by the city council, boards, commissions, and committees,
and the city council shall consider recommendations from boards, commissions,
committees, employees, and citizens for revision as it becomes necessary.
(Ordinance 831 adopted 5/18/20)
(a)
The
city’s code of ethics and conduct expresses standards of ethical
conduct expected for city officials and employees of the city council,
boards, commissions, and committees.
(b)
City
officials and employees themselves have the primary responsibility
to assure that ethical standards are understood and met, and that
the public can continue to have full confidence in the integrity of
government.
(c)
The
chairs of boards, commissions, and committees and the Mayor have the
additional responsibility to intervene when city officials’
actions appear to be in violation of the code of ethics and conduct
and are brought to their attention.
(d)
The
city council may impose sanctions, such as reprimand, formal censure,
or loss of committee assignment, on city officials whose conduct does
not comply with the city’s ethical standards. The city council
also may act to remove members of boards, commissions, and committees
from office. Any enforcement of the foregoing division shall be in
accordance with the rule of procedure established in part II.
(Ordinance 831 adopted 5/18/20)
As used in this rules of procedures, the following words and
phrases have the meaning ascribed to them in this section, unless
the context requires otherwise or more specific definitions set forth
elsewhere in this code apply
Representation or appearance “before the city”
means before the city council; before a board, commission, or other
city entity; or before a city official. Representation “before
the city” does not include representation before a board where
members of that board are not wholly appointed by the city council.
The days of the week, Monday through Friday, in which the
administrative offices of the city are open for business.
The City of Jourdanton.
The city’s code of ethics, its amendment(s), and/or
enhanced definitions.
An individual who has filed a sworn complaint with the city
secretary as provided herein.
Includes all information held by the city that is not available
to the public under the Texas Public Information Act and any information
from a meeting closed to the public pursuant to the Texas Open Meetings
Act, unless disclosure is permitted under the Open Meetings Act.
Ethics law includes the ethics code of the city and any applicable
state statutes that establish rules and regulations for elected and
appointed city officials.
Includes violations of any of those enactments.
A person acts intentionally, or with intent, with respect
to the nature of his or her conduct or to a result of his or her conduct
when it is 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 exist. A person acts knowingly,
or with knowledge, with respect to a result of his or her conduct
when he or she is aware that his or her conduct is reasonably certain
to cause the result.
Includes the mayor and members of the city council. members
of all boards, commissions, committees, and other bodies created by
the city council pursuant to federal or state law or city ordinance,
including entities that may be advisory only in nature, who are appointed
by the mayor, the city council, or who are designated in the bylaws
or organization papers of the entity to serve on behalf of the city;
and board members of any entity who are appointed by the mayor or
city council to such board membership.
Includes any affirmative act (including the making of a recommendation)
within the scope of, or in violation of, an official’s duties
Includes information gathered or created by or on behalf
of the city, in the conduct of the city’s business, and under
the power and authority of the city as a political subdivision of
the state.
A person acts recklessly, or is reckless, with respect to
circumstances surrounding his or her conduct or the result of his
or her conduct when he or she is aware of but consciously disregards
a substantial and unjustifiable risk that the circumstances exist
or the result will occur. The risk must be of such a nature and degree
that its disregard constitutes a gross deviation from the standard
of care that an ordinary person would exercise under all the circumstances
as viewed from the actor’s standpoint.
A presentation of fact-either by words or by conduct-made
to induce someone to act. “Representation” does not include
appearance as a witness in litigation or other official proceedings.
An individual identified in a sworn complaint to have allegedly
violated the ethics code of the city.
(Ordinance 831 adopted 5/18/20)
(a)
In
accordance with the Texas Constitution and chapters 22 and 25 of the
Texas Local government Code, and the City Code of Ordinances, the
city council has the powers and duties specified therein, and other
powers and duties as prescribed by ordinance.
(b)
Composition
of the city council includes the mayor and each member of the city
council.
(c)
A
member of the city council shall recuse himself or herself from any
case in which, because of familial relationship, employment, investments,
or otherwise, his or her impartiality might reasonably be questioned.
A councilmember may not participate in official action on any complaint:
(d)
If
the number of councilmembers who are recused from a case is so large
that a council meeting cannot be convened to consider the complaint,
the mayor shall nominate a sufficient number of ad hoc members so
that the case can be heard. Ad hoc members must be confirmed by a
majority vote of the city council and serve only for the case in question.
(Ordinance 831 adopted 5/18/20)
(a)
Jurisdiction.
The city council has jurisdiction to investigate
and make findings and conclusions concerning an alleged violation
of the city’s ethics code enacted from time to time by ordinance.
(b)
The
city council shall not consider any alleged violation that occurred
more than 180 days prior to the date of the filing of the complaint.
(c)
The
city council has the discretion to accept or decline consideration
of an alleged violation that has been resolved by the city manager,
or by a governmental agency or council with jurisdiction over the
matter.
(d)
Powers.
The city council has the power:
(1)
To establish, amend, and rescind rules and procedures governing its
own internal organization and operations, consistent with ordinances
pertaining to the ethics code;
(2)
To meet as often as necessary to fulfill its responsibilities;
(3)
To issue advisory opinions on behalf of the council;
(4)
To request from the city manager the assignment of staff necessary
to carry out its duties;
(5)
To review, index, maintain on file, and dispose of sworn complaints;
(6)
To make notifications, extend deadlines, and conduct investigations,
both on referral or complaint;
(7)
To compel the production of sworn testimony, witnesses and evidence;
(8)
To recommend cases for prosecution by appropriate authorities and
agencies;
(9)
To enforce its decisions by assessing civil fines and other sanctions
authorized by ordinance;
(10)
To request the city attorney to provide an independent counsel to
advise and represent the council, when appropriate or necessary to
avoid a conflict of interest;
(11)
To provide assistance in the training and education of city officials
with respect to their ethical responsibilities;
(12)
To exercise such other powers and duties as may be established by
ordinance.
(Ordinance 831 adopted 5/18/20)
(a)
Filing.
Any person (including a member of the city council,
acting personally or on behalf of the council) who believes that there
has been a violation of the ethics laws may file a sworn complaint
with the city secretary to allege such violations. A complaint filed
in good faith is qualifiedly privileged. A person who knowingly makes
a false statement in a complaint, or in proceedings before the city
council, is subject to criminal prosecution for perjury or a private
cause of action.
(b)
Assistance.
The city secretary shall provide information
to persons who inquire about the process for filing a complaint.
(c)
Form.
A complaint filed under this section must be in
writing and under oath and must set forth in simple, concise, and
direct statements:
(1)
The name of the complainant;
(2)
The street or mailing address, the telephone number, and email address
of the complainant;
(3)
The name of each person complained about;
(4)
The position or title of each person complained about;
(5)
The nature of the alleged violation, including, if possible, the
specific provision of the ethics code alleged to have been violated;
(6)
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
(7)
All documents or other material available to the complainant that
are relevant to the allegation; 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 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.
(8)
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 the ethics code. If the complaint is based on information and belief, the complaint shall state the source and basis of the information and belief. The complainant shall swear to the facts by oath before a notary public or other person authorized by law to administer oaths under penalty of perjury. A complaint that is not sworn as required shall not be forwarded by the city secretary to the city attorney as provided in subsection (d) but shall be returned to the complainant. The complaint must state on its face an allegation that, if true, constitutes a violation of a law administered and enforced by the city council.
(d)
Review by the city attorney and notification to the city council
and respondents.
(1)
A copy of a complaint shall be promptly forwarded by the city secretary to the city attorney who shall review the complaint for compliance with the filing requirements of subsection (c) within five (5) business days of receipt from the city secretary. The city secretary shall notify the respondent(s) of a complaint filed. This notification is for information purposes only and does not trigger subsection (e) until a decision has been made to accept the complaint and forward to the city council for consideration.
(2)
If the complaint alleges a violation of the city’s ethics code,
and substantially complies with the filing requirements, the complaint
shall be forwarded by the city secretary to the members of the city
council and the respondents within ten (10) business days after receipt
of the complaint from the city secretary. If the complaint does not
substantially comply with the filing requirements, the city attorney
shall return the complaint with a letter explaining the defects in
the complaint to the city secretary who shall return all information
to the complainant.
(3)
The city secretary shall notify the respondent(s) of the resolution
of a complaint.
(e)
The
respondent(s) shall also be provided with a copy of the ethics code
and shall be informed:
(1)
That, within ten (10) business days of receipt of the complaint,
he or she may file a sworn response with the city secretary;
(2)
That failure to file a response does not preclude the city council
from adjudicating the complaint;
(3)
That a copy of any response filed by the respondent(s) will be provided
by the city secretary to the complainant, who may, within five (5)
business days of receipt, respond by sworn writing filed with the
city secretary, a copy of which shall be provided by the city secretary
to the respondent(s);
(4)
That the complainant(s) or respondent(s) may request a hearing.
(5)
Upon receipt, the city secretary shall forward the response to the
city attorney and the city council.
(f)
Frivolous complaint.
(1)
For purposes of this section, a “frivolous complaint”
is a sworn complaint that is groundless and brought in bad faith or
groundless, has no basis in law or fact, and is brought for the purpose
of harassment.
(2)
By a vote of at least two-thirds (2/3) of those present and authorized
to vote, the council may order a complainant to show cause why the
Council should not determine that the complaint filed by the complainant
against a respondent is a frivolous complaint.
(3)
In deciding if a complaint is frivolous, the Council will be guided
by the Texas Rules of Civil Procedure, rule 13, and interpretations
of that rule, and may also consider:
(A)
The timing of the sworn complaint with respect to when the facts
supporting the alleged violation became known or should have become
known to the complainant, and with respect to the date of any pending
election in which the respondent is a candidate or is involved with
a candidacy, if any;
(B)
The nature and type of any publicity surrounding the filing of the
sworn complaint, and the degree of participation by the complainant
in publicizing the fact that a sworn complaint was filed with the
council;
(C)
The existence and nature of any relationship between the respondent
and the complainant before the complaint was filed;
(D)
Any evidence that the complainant knew or reasonably should have
known that the allegations in the complaint were groundless; and
(E)
Any evidence of the complainant’s motives in filing the complaint.
(4)
Notice of an order to show cause shall be given to the complainant
by the city secretary, with a copy to the respondent, and shall include:
(5)
Before making a determination that a sworn complaint against a respondent
is a frivolous complaint, the Council shall hold a hearing at which
the complainant may be heard; the complainant may be accompanied by
counsel retained by the complainant.
(g)
Confidentiality.
Ex parte communications by members
of the city council are prohibited.
(1)
The council shall not communicate any information about a pending
sworn complaint, including whether or not a complaint has been filed,
to any person other than the respondent, the complainant, and a witness
or potential witness identified by the respondent, the complainant,
or another witness or potential witness.
(2)
Information otherwise confidential under this section may be disclosed
by entering it into the record of a formal hearing or city council
proceeding.
(3)
Requests for records pertaining to complaints shall be responded
to in compliance with the Texas Public Information Act and the Texas
Open Meetings Act.
(Ordinance 831 adopted 5/18/20)
(a)
City attorney’s office.
The city attorney’s
office shall perform the following duties:
(1)
Act as legal counsel to the city council;
(2)
Receive complaints and responses filed with the city secretary as
set forth above;
(3)
Review complaints for legal sufficiency;
(4)
Request additional information from complainant as needed; and
(5)
Issue advisory opinions to city officials about the requirements
imposed by the ethics laws.
(b)
Independent counsel.
(1)
An independent attorney, who does not otherwise represent the city,
may be appointed to serve as the independent counsel when a complaint
is filed relating to an alleged violation of the ethics laws by the
mayor, a member of the city council, or a candidate for city council.
(2)
When a complaint is filed relating to an alleged violation of the
ethics laws by a city employee who is a department head or of higher
rank, the city attorney may recommend the appointment of an independent
counsel for that matter.
(3)
The city attorney or city council may request the appointment of
an independent counsel for a particular case.
(c)
Exculpatory evidence.
The city attorney shall disclose
to the city council and provide to the person charged with violating
the ethics code evidence known to the city attorney tending to negate
guilt or mitigate the seriousness of the offense.
(Ordinance 831 adopted 5/18/20)
(a)
Review by city council.
The city council will meet to
review the complaint, responses, replies to responses and any other
information it has requested be provided to assist in consideration
of the complaint. The council shall consider whether the facts of
the case establish a violation of any provision in the ethics laws,
regardless of which provisions, if any, were identified in the complaint
as having been allegedly violated. If the council finds that the complaint
fails to allege a violation of the ethics code when assuming all facts
set forth in the complaint to be true, the council may dismiss the
complaint without further proceedings.
(b)
Before
the council may find that a violation of a particular rule, the respondent
must be on notice that compliance with that rule is in issue and must
have an opportunity to respond. Notice is conclusively established:
if the complaint alleged that the rule was violated; or if the council
or the city secretary provides the respondent with written notice
of the alleged violation and a ten (10) business-day period within
which to respond in writing to the charge.
(c)
Scheduling of a hearing.
Regardless of whether the complainant
or the respondent requests a hearing, the city council has discretion
to decide whether to hold a hearing.
(d)
Ex parte communications.
It is a violation of this code:
(1)
For the complainant, the respondent, or any person acting on their
behalf to engage or attempt to engage, directly or indirectly, in
ex parte communication about the subject matter of a complaint with
a member of the city council, or any known witness to the complaint;
or
(2)
For a member of the city council to:
(e)
Duty to cooperate.
All city officials shall cooperate
with the city council and shall supply requested testimony or evidence
to assist it in carrying out its charge. Failure to abide by the obligations
imposed by this subsection is a violation.
(f)
Extension of deadlines.
(1)
A complainant or respondent who fails to meet a deadline to submit a filing with the city council may file a request to accept the late filing. The complainant or respondent must include within the request a statement of good cause for the council to grant the request. The council may grant a request to accept a late filing for good cause. Any extension given to a respondent pursuant to his or her request shall extend the deadline for the council to issue a decision under section 1.07.008 by the amount of time granted.
(2)
The council, under its own initiative or at the request of a respondent,
may defer consideration of a complaint if the respondent is under
investigation by any agency for the activity comprising the subject
matter of the complaint, until such time as the investigation has
concluded.
(g)
Timeliness of notices or submissions.
When the code
of ethics requires a notice or other document to be submitted or otherwise
given to a person or to the city council, the requirement is met in
a timely fashion if the document is sent to the person or the council
by first-class mail or certified mail addressed with postage or handling
charges prepaid and it bears a post office cancellation mark indicating
a date within the time required to provide notice or to submit a document,
unless another method of submission is expressly required.
(Ordinance 831 adopted 5/18/20)
(a)
All
hearings for forfeiture of office and prohibitions shall be conducted
in open session, except that the city council may conduct a closed
session to get advice from its attorney pursuant to the Texas Open
Meetings Act.
(b)
Called special meeting.
A special meeting shall be called
to hold the hearing to be held no earlier than fourteen (14) days
subsequent from the delivery of written notice and no later than ninety
(90) days after delivery of written notice, unless otherwise agreed
to by a majority of the city council and the individual subject to
the hearing.
(c)
General rules.
(1)
All witnesses must be sworn and all questioning of witnesses shall
be conducted by the members of the city council. The city council
may establish time limits and other rules relating to the participation
of any person in the hearing. No person may be held to have violated
the ethics laws unless a majority of the city council so finds by
a preponderance of the evidence.
(2)
A member of the city council who initiated or is the subject of the
investigation or hearing shall not sit at the dais and shall not participate
in deliberation or vote.
(3)
The city council shall state the nature of the hearing and the allegations
to be considered.
(4)
Public comments shall be allowed in conformance with established
rules of order and decorum for the city council.
(d)
Evidence.
The city council shall rely on evidence of
which a reasonably prudent person commonly relies in the conduct of
the person’s affairs. The council shall further abide by the
following:
(e)
The person charged (respondent).
The person charged
in the complaint has the right to attend the hearing, the right to
make a statement, the right to present witnesses, and the right to
be accompanied by legal counsel or another advisor. They shall be
provided a copy of the results of the investigation, including any
written testimony acquired during the investigation. Only legal counsel
to the person charged in the complaint may advise that person during
the course of the hearing, but may not speak on his or her behalf,
except with the permission of the council. The time permitted for
presentation will be at the discretion of the council.
(f)
The complainant.
The complainant has the right to attend
the hearing, the right to make a statement, and the right to be accompanied
by legal counsel or another advisor. Only legal counsel to the complainant
may advise the complainant during the course of the hearing, but may
not speak on behalf of the complainant, except with the permission
of the council. Witnesses may not be presented by the complainant,
except with the permission of the council. The time permitted for
presentation will be at the discretion of the council.
(Ordinance 831 adopted 5/18/20)
(a)
Violation of city code of ethics.
City council may on
the affirmative vote of a majority of the city council take any of
the following actions:
(1)
Direct further investigation;
(2)
Request further information;
(3)
Vote to enforce a penalty pursuant to the city code;
(4)
Vote to bring an action in municipal court;
(5)
Take a vote of censure; or
(6)
Upon the affirmative vote of two-thirds of city council find that
sufficient evidence exists to merit the initiation of a judicial removal
process pursuant to Local Government Code chapter 21.
(b)
Written opinion.
The council shall issue a decision
within ninety (90) calendar days after the filing of a complaint.
This deadline shall be extended by any amount of time granted to a
respondent pursuant to a respondent’s request for additional
time to respond or to attend proceedings. The council shall state
in a written opinion its findings of fact and conclusions of law.
The written opinion shall either:
(1)
Dismiss the complaint; or
(3)
If the council determines that a violation has occurred, the opinion
shall identify in writing the particular rule or rules violated. If
the complaint is dismissed, the grounds for the dismissal shall be
set forth in the opinion. The failure of the council to comply within
the above time limits may result in the charge being dismissed for
want of prosecution. Prior to such dismissal, the complainant will
be given notice and an opportunity to request continuance of the action.
(c)
Notification.
Copies of the opinion shall be forwarded
to the complainant, the person charged in the complaint, the city
attorney, and any member of the city council who did not participate
in the disposition of the case. A copy of the opinion shall also be
forwarded to the city secretary, who shall make it available as authorized
by law.
(d)
Recommendations.
A recommendation for criminal prosecution
or removal shall be forwarded to the appropriate authority.
(e)
Similar charges barred.
If the complaint is dismissed
because the evidence failed to establish a violation of the ethics
laws, the city council shall not entertain any other similar complaint
based on substantially the same evidence.
(f)
Factors relevant to sanctions.
(1)
General violations.
In deciding whether to recommend
or impose, in the case of a violation of the ethics laws, criminal
prosecution and/or civil remedies, the city council shall take into
account relevant considerations, including, but not limited to, the
following:
(A)
The culpability of the person charged in the complaint;
(B)
The harm to public or private interests resulting from the violation;
(C)
The necessity of preserving public confidence in the conduct of local
government;
(D)
Whether there is evidence of a pattern of disregard for ethical obligations;
and
(E)
Whether remedial action has been taken that will mitigate the adverse
effect of the violation.
(2)
To impose or recommend sanctions for a first violation of the ethics
code, other than a letter of notification, a letter of admonition
or a referral to training, the council must find by a preponderance
of the evidence that the person acted knowingly, unless otherwise
provided by this code.
(g)
Civil sanctions for ethics code violations.
The following
civil remedies may be recommended or imposed by the City Council which
finds that the ethics laws have been violated:
(1)
Disciplinary action.
City council members who engage
in conduct that violates the code of ethics may be notified, warned,
reprimanded, suspended from committee assignments, or censured by
the city council. Disciplinary action under this section may be imposed
in addition to any other penalty or remedy contained in the code of
ethics or any other law.
(2)
Civil fine.
The city council may impose on a city official
who violates any provision of the code of ethics a fine not exceeding
five hundred dollars ($500.00).
(3)
Letter of notification.
The city council may issue a
letter of notification to a city official, when the council finds
that a violation of the code of ethics was clearly unintentional or
inadvertent. The letter must advise the person to whom it is directed
of any steps to be taken to avoid future violations.
(4)
Letter of admonition.
The city council may issue to
a city official, a letter of admonition when the council finds that
the violation of the code of ethics was minor and/or may have been
unintentional or inadvertent.
(5)
Letter of reprimand.
The city council may issue to a
city official, a letter of reprimand when the council finds that the
person has intentionally or knowingly violated the code of ethics.
(6)
Referral to ethics training.
Upon finding of violation
of the ethics code, the city council may require a city official to
attend ethics training.
(h)
Reconsideration.
Within five (5) business days of receiving
the final opinion of the city council, the complainant or respondent
may request the city council to reconsider its decision. The request
must be filed with the city secretary. Within ten (10) business days
after filing with the city secretary, the city council shall review
the request for reconsideration. If the full and seated council grants
reconsideration, the council may then order further proceedings in
accordance with the provisions of this rules.
(i)
Council action.
City council shall dispose of the reconsideration
within ninety (90) calendar days of approving the reconsideration.
Failure to take action within specified time limits may result in
the charge being dismissed for want of prosecution. Prior to such
dismissal, the complainant will be given notice and an opportunity
to request continuance of the action.
(Ordinance 831 adopted 5/18/20)
