The citizens and businesses of Alamo Heights 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:
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Comply with both the letter and spirit of the laws and policies
affecting the operations of government;
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Be independent, impartial and fair in their judgment and actions;
and
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The office or position be used for the public good, not for
personal gain.
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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 1686 adopted 11/27/2006)
The following words, terms and phrases, when used in this article,
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 non-profit entity.
The legislative and governing body of the city consisting
of the mayor and council city members.
Any member of the city council and any appointed member of
a board, commission, or committee set up by ordinance, charter, state
law or otherwise, on a temporary or permanent basis.
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 1686 adopted 11/27/2006)
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 Alamo Heights 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 1686, sec. 1, adopted 11/27/2006)
City officials and employees shall comply with the laws of the
nation, the State of Texas, and the City of Alamo Heights 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 1686, sec. 2, adopted 11/27/2006)
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 1686, sec. 3, adopted 11/27/2006)
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 1686, sec. 4, adopted 11/27/2006)
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 1686, sec. 5, adopted 11/27/2006)
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 1686, sec. 6, adopted 11/27/2006)
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 1686, sec. 7, adopted 11/27/2006)
City officials and employees shall familiarize themselves and
abide by the following conflicts of interest and disclosure statutes
and principles:
(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 manager 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 two hundred fifty dollars
($250.00) 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 1686, sec. 8, adopted 11/27/2006)
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.
(Ordinance 1686, sec. 9, adopted 11/27/2006)
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.
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.
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 1686, sec. 10, adopted 11/27/2006)
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 1686, sec. 11, adopted 11/27/2006)
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 1686, sec. 12, adopted 11/27/2006)
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 1686, sec. 13, adopted 11/27/2006)
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 of Alamo Heights, nor will they allow the inference
that they do.
(Ordinance 1686, sec. 14, adopted 11/27/2006)
City officials and employees shall respect and adhere to the
city governmental structure as outlined in the city's Charter, 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 1686, sec. 15, adopted 11/27/2006)
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.
(Ordinance 1686, sec. 16, adopted 11/27/2006)
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 1686, sec. 17, adopted 11/27/2006)
As an expression of the standards of conduct for city officials
and employees expected by the city, the Alamo Heights 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. 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. 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 of Alamo Heights 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.
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STATEMENT OF COMMITMENT
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As a member of the Alamo Heights City Council or of an Alamo
Heights city board, commission or committee or an employee, I agree
to uphold the Code of Ethics and Conduct and conduct myself by the
following model of behavior.
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I will:
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Recognize the worth of individual city officials and employees
and appreciate their individual talents, perspectives and contributions;
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Help create an atmosphere of respect and civility where individual
city officials, city staff and the public are free to express their
ideas and work to their full potential;
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Conduct my personal and public affairs with honesty, integrity,
fairness and respect for others;
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Respect the dignity and privacy of individuals and organizations;
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Keep the common good as my highest purpose and focus on achieving
constructive solutions for public benefit;
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Avoid and discourage conduct which is divisive or harmful to
the best interests of Alamo Heights;
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Treat all people with whom I come in contact in a manner I wish
to be treated;
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Before I speak or act I will ask myself the following questions:
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Is it the truth?
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Is it fair to all concerned?
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Will it build goodwill and better relationships?
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Will it be beneficial to all concerned?
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I affirm that I have read and that I understand, accept and
support the City of Alamo Heights Code of Ethics and Conduct.
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Council, Board, Commission, Committee, Employee
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Position __________
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Signature __________
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Date __________
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(Ordinance 1686, sec. 18, adopted 11/27/2006)
The Alamo Heights Code of Ethics and Conduct expresses standards
of ethical conduct expected for city officials and employees of the
city council, boards, commissions, and committees. 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.
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. 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.
(Ordinance 1686, sec. 19, adopted 11/27/2006)
