For the purpose of this article, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:
Advisory boardmeans any board, commission or committee appointed by the city council and/or established pursuant to the charter, city ordinances or laws of the state, that functions in an advisory or study capacity, as a recommending or quasi-judicial body, including but not limited to the planning and zoning commission, zoning board of adjustment, and 4A and 4B commissions.
Benefitmeans 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. A pecuniary gain or advantage shall not include insignificant amounts or items of de minimis value. The terms “insignificant” and “de minimis” shall have their usual meanings and be subject to interpretation consistent with the provisions of permissible gifts and gratuities.
Business entitymeans a sole proprietorship, partnership, firm, corporation, holding company, joint-stock company, receivership, trust, or any other entity recognized in law.
Candidatemeans every person who declares for or files for any office of the city to be filled by election.
City employee,for the purpose of this article, means any person employed by the city.
City official,unless otherwise expressly defined, means all elected officials, or any person appointed by the city council, including but not limited to the city manager, city attorney, judges of the municipal court, city prosecutor, city secretary and members of any committee, commission or board established by the city charter or by ordinance.
Codemeans the code of ethics and conduct.
Compensationmeans any economic benefit received in return for labor, services, property, or investment.
Confidential informationmeans information to which the following apply:
(1) At the time of the use or disclosure of the information, the information is not a public record subject to public disclosure under the Texas Public Information Act, or may be subject of an exception to disclosure under the Public Information Act; and
(2) The use or disclosure of the information will have, or could reasonably be expected to have, a material financial effect on any investment or interest in real property that a city officer, board, commission or committee member, or any person to whom the city officer, board, commission or committee member provides the information, has at the time of the use or disclosure of the information or acquires after the use or disclosure of the information.
Conflict of interestmeans action upon any matter which would constitute a violation of this code, the Texas Penal Code, Texas Local Government Code chapters 171 and 176, and Texas Government Code chapter 573.
Decisionmeans any ordinance, resolution, contract, franchise, formal action or other matter voted on by the city council or other city board, committee or commission, as well as the discussions or deliberations of the council, board, committee or commission which can or may lead to a vote or formal action by that body.
Department headmeans any city employee designated by the city manager to have supervisory and operational responsibility over an identified city department, including but not limited to the police chief, fire chief, public works director, economic development director, finance director and any future city employee that the city manager specifically designates as department head in the personnel policy or established job description.
Economic benefitmeans 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.
Entitymeans 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.
Executive sessionhas the meaning assigned by chapter 551 of the Texas Government Code, subchapter D, as related to “closed meetings”; an “executive session” in the city shall be synonymous with the terms and usage options set forth in the statutes found in subchapter D regulating a “closed meeting” under state law.
Falsemeans a knowing or willful misrepresentation or concealment of any item required to be disclosed by this article.
Family membermeans a person related in the first degree of consanguinity or affinity, as determined by Texas Government Code chapter 573, to any person subject hereto, unless another degree is specified by state law.
Giftmeans a favor, hospitality or economic benefit, other than compensation, but does not include campaign contributions reported as required by state law.
Intentionally.A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.
Knowingly.A person acts knowingly, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.
Ministerial actmeans an act performed in a prescribed manner and not requiring the exercise of any judgment or discretion.
Officermeans any member of the city council and any member of a city board, commission or committee established by ordinance, charter or state law; provided no member of an advisory board shall be deemed an officer of the city.
Permissible gifts/gratuitiesmeans a thing of nominal value given (not to exceed $50.00 in value for city employees or $250.00 in value for city officials and department heads), not to request a specific favor, special treatment, or influence a city official, employee or volunteer. Marketing advertisement items of nominal value, or certificates or plaques having no intrinsic value, are considered permissible gifts or gratuities. The purchase of meals of nominal value, provided there is a rotation of purchasing, is considered a permissible gift or gratuity. The provision of training/education programs of a general nature is considered a permissible gift or gratuity. Items that exceed $50.00 in value, if divided (e.g., holiday food or sporting event tickets distributed by lot) or donated for a city-sponsored function, are considered permissible gifts and/or gratuities.
Substantial interest.(1) A person has a substantial interest in a business entity if:
(A) The interest is ownership of ten percent or more of the voting stock or shares of the business entity or ownership of $2,500.00 or more of the fair market value of the business entity;
(B) Funds received by the person from the business entity exceed ten percent of the person’s gross income for the previous year;
(C) A person has a substantial interest in real property if the interest is an equitable or legal ownership with a fair market value of $2,500.00 or more;
(D) An interest of a person related in the first degree by either affinity or consanguinity to the local public official is a substantial interest;
(E) The person holds a position of member of the board of directors or other governing body of the business entity;
(F) The person serves as an elected officer of the business entity;
(G) The person is an employee of the business entity;
(H) The person is a creditor, debtor or guarantor of any person, group or business entity in the amount of $5,000.00 or more; or
(I) Property of the person has been pledged to a person, group or business entity or is subject to a lien in favor of the person, group or business entity in the amount of $5,000.00 or more.
(2) A person does not have a substantial interest in a business entity if:
(A) The person holds a position as a member of the board of directors or other governing board of a business entity;
(B) The person has been designated by the city council to serve on such board;
(C) The person receives no remuneration, either directly or indirectly, for his service on such board; and
(D) The primary nature of the business entity is charitable, nonprofit or governmental.
(3) A person has a substantial interest in real property if the interest is an equitable or legal interest with a fair market value of $2,500.00 or more (see Texas Local Government Code section 171.002).
(4) A person has a substantial interest under this article if the person’s spouse or a person related to the person in the first degree by consanguinity or affinity has a substantial interest under the code (see Texas Local Government Code section 171.002). A person is related in the first degree by consanguinity to his father, mother, son or daughter. A person is related in the first degree by affinity to his father-in-law, mother-in-law, stepson, stepdaughter, son-in-law or daughter-in-law.
(5) The person has a substantial interest in real property if the person receives notice of a hearing consistent with state law and city ordinance of a matter pending before the city council, board, commission, committee and/or advisory board and such notice is not sent to the general public.
Volunteermeans an individual who provides services to the city without expectation or receipt of compensation or financial gain and who has completed a formal application and/or approval process. For the purpose of this article, the term “volunteer” includes, but is not limited to, individuals in established volunteer positions, such as firefighters or reserve police officers.
(Ordinance 2009016, sec. 1 (2-192), adopted 7/21/09; 2013 Code, sec. 2-136; Ordinance 2018-06-26, sec. 2, adopted 6/26/18)