(a) 
It is hereby declared to be the policy of the city that the proper operation of democratic government requires that city elected officials, members of boards, commissions and committees, city officials, employees and volunteers be independent, impartial and responsible only to the people of the city; that governmental decisions and policy should be made in the proper channels of the governmental structure; that no city elected official, member of any board, commission or committee, city official, employee or volunteer 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 duties in the public interest; that public offices are positions of public trust imposing the duty of a 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 the code of ethics and conduct for all elected city officers, board, commission and committee members, city officials, employees, and volunteers, 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 as defined by section 2.05.010 and/or the city charter for those who refuse to abide by its terms. The code of ethics and conduct is cumulative of other ordinances, city charter provisions and state statutes defining and prohibiting conflicts of interest.
(b) 
The 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 2009016, sec. 1 (2-191), adopted 7/21/09; 2013 Code, sec. 2-135)
For the purpose of this article, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:
Advisory board
means 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.
Benefit
means 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 entity
means a sole proprietorship, partnership, firm, corporation, holding company, joint-stock company, receivership, trust, or any other entity recognized in law.
Candidate
means 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.
Code
means the code of ethics and conduct.
Compensation
means any economic benefit received in return for labor, services, property, or investment.
Confidential information
means 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 interest
means 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.
Decision
means 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 head
means 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 benefit
means 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.
Entity
means 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 session
has 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.
False
means a knowing or willful misrepresentation or concealment of any item required to be disclosed by this article.
Family member
means 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.
Gift
means 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 act
means an act performed in a prescribed manner and not requiring the exercise of any judgment or discretion.
Officer
means 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/gratuities
means 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.
Volunteer
means 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)
The persons subject to the provisions hereof (“affected parties”) shall be:
(1) 
The members of the city council, including the mayor;
(2) 
The members of any city board, commission or committee established pursuant to the charter or the ordinances of this city, or the laws of this state;
(3) 
City official, city employee and volunteer;
(4) 
Candidates for any city elected office; and
(5) 
Any person listed within affected parties shall include persons related within the first degree of consanguinity or affinity and specifically the spouse.
(Ordinance 2009016, sec. 1 (2-193), adopted 7/21/09; 2013 Code, sec. 2-137)
(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 advisory 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 attorney and to remove himself from discussion and voting on the matter, and remove themselves from the chamber. Members of the council will not condone, overlook or forgive any unethical or illegal activity and shall take all appropriate action pursuant to state law and the city charter. All members of the council and every advisory board agree to uphold the intent of the code and to govern their actions accordingly.
(b) 
City officers and advisory board members shall strive to recognize their responsibility to future generations by addressing the interrelationship of the social, cultural and physical characteristics of the community when making policies.
(c) 
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.
(d) 
City officers and advisory board members shall continue to be dedicated to friendly and courteous relationships with staff, other city officials and the public, and shall seek to improve the quality and image of public service.
(Ordinance 2009016, sec. 1 (2-194), adopted 7/21/09; 2013 Code, sec. 2-138)
(a) 
No city officer, advisory board member, city officials, city employees, volunteers 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 him in the discharge of his official duties. This prohibition shall not apply to:
(A) 
An occasional nonpecuniary gift, insignificant in value, defined herein as a permissible gift or gratuity;
(B) 
An award publicly presented in recognition of public service; or
(C) 
Any gift which would have been offered or given to him if he were not a city officer, advisory board member, city official, city employee, volunteer or their spouses, consistent with state, federal and local laws, statutes, regulations and ordinances.
(2) 
Grant in the discharge of his official duties any 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, in the discharge of his official duties, in consideration of any person subject hereto 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 officer 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 article to any investigatory, administrative or judicial authority.
(5) 
Use one’s position or office to secure special privileges or exemption for himself or another or for the private gain of the city officer, advisory board member or his spouse.
(6) 
Hold himself out as representing the city in any capacity other than that for which he was appointed or elected and/or representing the council person’s and advisory board member’s individual opinion as the opinion of the council or the advisory board.
(7) 
Engage in or accept private employment or render a service when such employment or service is incompatible with the proper discharge of his official duties or would tend to impair his independent judgment in the performance of his 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 the council or any advisory board in relation to any case, proceeding or application in which he personally participated or which was under his active consideration during the period of his service.
(11) 
Transact any business in his official capacity with the city with a business entity in which he 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, including but not limited to prohibited conflicts of interests or violations of criminal law that constitute crimes of moral turpitude, official misconduct and malfeasance.
(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, the city charter, and ordinances and regulations applicable thereto and subject to any restrictions of the city charter; 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 citizens of the city.
(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; or
(3) 
In any action or proceeding in the municipal court of the city which was instituted by a city officer or employee in the course of his official duties, or a criminal proceeding in which any city officer or employee is a material witness for the prosecution.
(c) 
No member of a city advisory board 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 is a member;
(2) 
Before a board or commission which has appellate jurisdiction over the board or commission of which he 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 court of the city which was instituted by a city officer or employee in the course of his official duties, or a criminal proceeding in which any city officer or employee is a material witness for the prosecution.
(d) 
The restrictions contained in subsections (b) and (c) of this section do not prohibit the following:
(1) 
A member of a city advisory board (other than the city council), or his spouse, appearing before the city council or a city department, agency, board or commission to represent himself in a matter affecting his property; provided, however, that no such person, or his spouse, shall appear before the board or commission of which he is a member and must submit the case through an authorized representative;
(2) 
An officer of an employee organization appearing before the city council or a city department, agency, board or commission to address employment matters.
(e) 
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 chief or assistant administrator 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.
(f) 
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.
(g) 
Nothing in this article shall prohibit the city council from participating in a vote or decision relating to salaries or travel budgets of city council members.
(h) 
No person subject hereto shall use his official position to secure confidential information for any purpose other than official responsibilities.
(i) 
No person subject hereto shall use city facilities, personnel, equipment or supplies for private purposes, except to the extent that such uses are customary, incidental or lawfully available to the public.
(j) 
No member of the city council shall interfere with the city manager’s administrative duties of appointment to and removal of persons from employment with the city. 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 city council nor any member thereof shall give orders, directions or directives to any of the subordinates of the city manager, including but not limited to city employees or volunteers, either publicly or privately, that relate to or affect the employee’s or volunteer’s work duties, responsibilities or other obligations.
(k) 
(1) 
No person, including a member of the council, shall engage in any of the following conduct:
(A) 
Making an audio or audio/visual recording of an executive session.
(B) 
No council member may remove any document prepared or presented by any person as part of the executive session from the room.
(C) 
No council member may remove any notes taken by any person during the executive session from the room.
(D) 
All documents used in executive session shall be handled as required by laws regulating the retention and destruction of government records.
(2) 
It is an exception to the application of subsection (k)(1)(B) that the documents were removed in order to make copies during the executive session to facilitate the discussion in executive session. All copies made of any documents are subject to the non-removal clause set forth in this subsection.
(3) 
It is an exception to the application of subsection (k)(1)(A) that the recording was made pursuant to a policy, ordinance or resolution lawfully adopted by council authorizing an audio or audiovisual recording of executive session in lieu of a certified agenda.
(l) 
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, or utility service or filing fees;
(3) 
Subject to restrictions contained in the city charter, 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, the city 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 a member 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; or
(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 2009016, sec. 1 (2-195), adopted 7/21/09; 2013 Code, sec. 2-139; Ordinance 2018-06-26, secs. 3, 4, adopted 6/26/18)
(a) 
The city council hereby directs all members of the city council, or members of appointed advisory boards, committees and commissions, to present a statement annually to the city secretary by October 15 of each fiscal year using a form approved by the city council which is incorporated herein for all purposes, 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 within 30 days of the individual acquiring knowledge of the business relationship. Any individual who fails to file a required disclosure pursuant to this section within 60 days of its due date may be removed from office by majority vote of the city council for failure to conform to the requirements of the code.
(b) 
If any officer or advisory board member has a substantial interest in any person, group or business entity or real property involved in any decision pending before such officer or advisory board member, or the body of which he is a member, such officer or advisory board member shall disclose such interest as provided in subsection (d) of this section and shall not, except as provided in subsection (d) of this section, discuss the substance of the matter at any time with any other member of the board of which he is a member or any other body which will vote on the matter or otherwise participate in the consideration of the matter.
(c) 
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 is a member, such officer or advisory board member must disclose such interest as provided in subsection (d) of this section, but he shall be permitted to vote on and participate in the consideration of such matter:
(1) 
A decision concerning a bank or other 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 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 Texas Local Government Code section 171.004).
(d) 
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 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 Texas Local Government Code section 171.004 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 receives from the business entity.
(e) 
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 council member 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 council member 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 definition does not establish dollar limits on the terms “insignificant value” and “de minimis,” which shall have their usual meanings and be subject to interpretation consistent with the provisions of permissible gifts and gratuities.
(Ordinance 2009016, sec. 1 (2-196), adopted 7/21/09; 2013 Code, sec. 2-140)
Any person being considered, or with an application pending, for appointment to any city board, commission or committee established pursuant to the city 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 city council member or members who received such contribution must abstain from voting on such appointment. All persons shall enter upon the application for city boards and commissions, information regarding any financial contribution as noted in this section, 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 the ordinance from which this article is derived. 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, 2007.
(Ordinance 2009016, sec. 1 (2-197), adopted 7/21/09; 2013 Code, sec. 2-141)
(a) 
The city council shall have the primary responsibility for the enforcement of the code consistent with the city charter.
(b) 
In matters where it is alleged that a city officer or advisory board member, other than a member of the city council, violated the code, the city council may direct the city attorney to investigate or prosecute any apparent violation of the code by one or more such persons. At the direction of the city council, the city attorney shall have the power to investigate any such complaint, to initiate any suit, to file any complaint in municipal court, and to prosecute any such complaint or action on behalf of the city where such complaint or action is appropriate against a city officer or advisory board member, other than a member of the city council.
(c) 
In matters where it is alleged that a member of the city council violated the code, the city council may direct the city attorney to investigate as in subsection (b) of this section, or if the city council feels the alleged conduct is an extreme violation of the code, the city council may select an outside, independent attorney or investigative agency to investigate or prosecute any apparent violation of the code by a member of the city council. The city council shall select such attorney or agency from a list of five experienced, qualified attorneys and/or agencies to be nominated by the city attorney. At the direction of the city council, such independent attorney or investigative agency shall have the power to investigate any such complaint, to initiate any suit, to file any complaint in municipal court, and to prosecute any such complaint or action on behalf of the city where such complaint or action is appropriate against a member of the city council.
(d) 
Any person who believes that a violation of any portion of the code has occurred may file a complaint with the city council, which may then proceed as provided in subsection (b) or (c) of this section. However, nothing in the code shall be construed to prevent complainants from instituting direct legal action through the appropriate judicial authority.
(Ordinance 2009016, sec. 1 (2-198), adopted 7/21/09; 2013 Code, sec. 2-142)
(a) 
Where any officer or advisory board member has a doubt as to the applicability of any provision of the code to a particular situation, or as to the definition of terms used herein, he may apply to the city attorney for an advisory opinion. The officer or advisory board member shall have the opportunity to present his interpretation of the facts at issue and of the applicability of provisions of the code before such advisory opinion is made.
(b) 
The city attorney shall only issue advisory opinions concerning how the 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 officers 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 2.05.008.
(c) 
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 2009016, sec. 1 (2-199), adopted 7/21/09; 2013 Code, sec. 2-143)
(a) 
Penalty.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of the code shall be guilty of a misdemeanor and, upon conviction, fined in accordance with the general penalty provided in section 1.01.009 of this code for each violation. Each day that a violation continues or is permitted to exist shall constitute a separate offense. Unless otherwise specifically provided herein, allegation and evidence of a culpable mental state is not required for the proof of an offense defined by this article.
(b) 
Disciplinary actions; forfeiture of office.
Whenever the city council has determined that any officer or advisory board member has violated any provision of the code, such officer or advisory board member shall be subject to discipline, including forfeiture of his office or position. Any removal of an official from elected office shall be done in accordance with applicable state laws and the city charter. The code shall be construed to prohibit any such officer or advisory board member from being re-elected or reappointed to any position with the city for a period of three years from the date of termination.
(c) 
Authority to grant exemptions.
The city council may exempt from the provisions of the code any conduct found to constitute a violation by an officer or advisory board member if it finds that the enforcement of the code with respect to such conduct is not in the public interest.
(d) 
Voiding of contract or other action.
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 the code, or which involved the violation of a provision of the code, shall be voidable at the option of the city council.
(e) 
Civil actions.
At the discretion of the city council, the city attorney or the city’s outside independent attorney shall have the power, where a violation of the provisions of the code is threatened or has occurred, to bring a civil action or proceeding, at law or in equity, for a judgment enjoining any violation of the provisions of the code or requiring the relinquishment of any prohibited interest or the voiding of any such contract or transaction, taking into account the interests of the city and any third persons who may be injured thereby. Where the city council determines that the public interest may best be served by not voiding a contract or transaction entered into in violation of the code, such contract or transaction may be enforced and an action or proceeding may be brought against any officer or advisory board member found in violation of provisions of the code for damages, not to exceed twice the damages suffered by the city or twice the profit or gain realized by the officer or advisory board member, whichever is greater.
(Ordinance 2009016, sec. 1 (2-200), adopted 7/21/09; 2013 Code, sec. 2-144; Ordinance adopting 2021 Code)
The city secretary shall cause a copy of the code in booklet form to be distributed to and signed for by every officer, city official, advisory board member and city employee of the city within 30 days after enactment of the ordinance from which the code is derived. 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 office.
(Ordinance 2009016, sec. 1 (2-201), adopted 7/21/09; 2013 Code, sec. 2-145)