It is essential in a democratic system that the public has confidence in the integrity, independence, and impartiality of the elected officials who act on their behalf in government. For the purpose of promoting confidence in the government of the city, and thereby enhancing the city’s ability to function effectively, this code of ethics is adopted. The code establishes standards of conduct, disclosure requirements, and enforcement mechanisms relating to city officials and employees and others whose actions inevitably affect public faith in city government, such as former city officials and employees, candidates for public office, persons doing business with the city, and lobbyists. By prohibiting conduct incompatible with the city’s best interests and minimizing the risk of any appearance of impropriety, this code of ethics will further the legitimate interests of democracy.
(Ordinance 898-05-08, sec. 1, adopted 5/21/08; 2009 Code, sec. 1.04.041)
As used in this code of ethics, the following words and phrases have the meanings ascribed to them in this section, unless the context requires otherwise or more specific definitions set forth elsewhere in this code apply:
Acceptance.
“Acceptance” of an offer of subsequent employment or business opportunities includes legally binding contracts and all informal understandings that the parties expect to be carried out.
Affiliated.
Business entities are “affiliated” if one is the parent or subsidiary of the other or if they are subsidiaries of the same parent business entity.
Affinity.
Relationship by “affinity” (by marriage) is defined in sections 573.024 and 573.025 of the Texas Government Code.
Before the city.
Representation or appearance “before the city” means appearance before the city council; before a board, commission, or other city entity; or before a city official or employee.
Benefit.
Anything reasonably regarded as pecuniary gain or pecuniary advantage, including a benefit to any other person in whose welfare the beneficiary has a direct and substantial interest.
Business entity.
A sole proprietorship, partnership, firm, corporation, holding company, joint-stock company, receivership, trust, unincorporated association, or any other entity recognized by law.
City official; official.
Includes the following persons: the mayor, members of the city council, members of the planning and zoning commission, members of the board of adjustments, any board or commission established that is more than advisory in nature, municipal court judges, magistrates, city attorney, assistant city attorney and municipal court prosecutor.
Confidential government information.
Includes all information held by the city that is not available to the public under the Texas Open Records Act and any information from a meeting closed to the public pursuant to the Texas Open Meetings Act, regardless of whether disclosure violates the act.
Consanguinity.
Relationship by “consanguinity” (by blood) is defined in sections 573.022 and 573.023 of the Texas Government Code.
Discretionary contract.
Any contract other than those that by law must be awarded on a low or high qualified bid basis.
Economic interest.
Includes, but is not limited to, legal or equitable property interests in land, chattels, and intangibles, and contractual rights having more than de minimis value. Service by a city official or employee as an officer, director, advisor, or otherwise active participant in an educational, religious, charitable, fraternal, or civic organization does not create for that city official or employee an economic interest in the property of the organization. Ownership of an interest in a mutual or common investment fund that holds securities or other assets is not an economic interest in such securities or other assets unless the person in question participates in the management of the fund.
Employee; city employee.
The city manager, assistant city manager or any department director of any city department or any other employee designated by the city manager.
Former city official or employee.
A “former elected official” or “former employee” is a person whose city duties terminate on or after the effective date of this code.
Gift.
A voluntary transfer of property (including the payment of money) or the conferral of a benefit having pecuniary value (such as the rendition of services or the forbearance of collection on a debt), unless the donor receives consideration of equal or greater value.
Indirect ownership.
A person “indirectly owns” an equity interest in a business entity where the interest is held through a series of business entities, some of which own interests in others.
Knowingly.
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.
Official action.
Includes:
(1) 
Any affirmative act (including the making of a recommendation) within the scope of, or in violation of, an official’s or employee’s duties; and
(2) 
Any failure to act, if the official or employee is under a duty to act and knows that inaction is likely to affect substantially an economic interest of the official or employee or any person or entity listed in section 2.07.031(a)(2) through (8).
Official information.
Includes information gathered pursuant to the power or authority of city government.
Personally and substantially participated.
The requirement of having “personally and substantially participated” in a matter is met only if the individual in fact exercised discretion relating to the matter. The fact that the person had responsibility for a matter does not by itself establish that the person personally and substantially participated in the matter.
Representation.
Encompasses all forms of communication and personal appearances in which a person, not acting in performance of official duties, formally or informally serves as an advocate for private interests. Lobbying, even on an informal basis, is a form of representation. Representation does not include appearance as a witness in litigation or other official proceedings.
Solicitation.
“Solicitation” of subsequent employment or business opportunities includes all forms of proposals and negotiations relating thereto.
(Ordinance 898-05-08, sec. 1, adopted 5/21/08; Ordinance 1130-07-17 adopted 7/10/17; 2009 Code, sec. 1.04.042)