For the purposes of this code of ethics:
Economic gain or economic advantage, including gifts or services
having a value of one hundred dollars ($100.00) or more received by
an officer from one person or entity within a twelve (12) month period,
but does not include a contribution or expenditure made and reported
in accordance with law; birthday, wedding or other gifts related to
the uniqueness of the occasion; or trips taken on official business
for the city or as a representative of the city.
A board, commission or committee:
Which is established by city ordinance, interlocal contract,
or state law; or
Which serves as the board of a nonprofit development corporation
that acts as an instrumentality of the city; and
Any part of whose membership is appointed by the city council,
but does not include a board, commission or committee which is the
governing body of a separate political subdivision of the state.
The City of Stanton.
All information, whether transmitted orally or in writing,
which is of such a nature that it is not, at that time, a matter of
public record or public knowledge and the disclosure of which would
be detrimental to or adversely affect the property or affairs of the
city. All matters discussed in executive session of the city council
shall be confidential information except as is necessary to negotiate
contracts or settle litigation, but then may be disclosed only to
the parties or their counsel.
An interest described as a "substantial interest" in section
171.002(a) Local Government Code, V.T.C.A.
A member of the city council and any member of a board who
is appointed by the city council.
(Ordinance 17-1219, exh. A, sec.
1, adopted 3/14/1994; 1994 Code,
sec. 1.901)
(a)
It
is hereby declared to be the policy of the city that the proper operation
of democratic government requires that:
(1)
Public officials in the discharge of their duties be independent,
impartial and responsible only to the people of the city;
(2)
Governmental decisions and policy be made using the proper procedures
of the governmental structure;
(3)
No officer shall participate in or make a decision on any matter
in which the officer has any direct or indirect financial interest
or engage in any business transaction of any nature which is in conflict
with the proper discharge of his duties in the public interest;
(4)
Public office not be used for personal gain; and
(5)
The city council at all times be maintained as a nonpartisan body.
(b)
To
implement this policy, the city council has determined that it is
advisable to enact this code of ethics for all officers, whether elected
or appointed, paid or unpaid, advisory or administrative, to serve
not only as a guide for official conduct of the city's public servants,
but also as a basis for discipline for those who refuse to abide by
its terms.
(Ordinance 17-1219, exh. A, sec.
1, adopted 3/14/1994; 1994 Code,
sec. 1.902)
(a)
In
the discharge of his official duties:
(1)
An officer of the city shall not accept or solicit a benefit. An
officer is not prohibited from accepting, on behalf of the city, gifts
or contributions given or made to the city.
(2)
An officer of the city shall not use his official position to secure
special privileges or exemptions for himself or others.
(3)
An officer of the city shall not grant any special consideration,
treatment or advantage to a person or organization beyond that which
is available to every other person or organization.
(4)
An officer of the city shall not disclose confidential information
that could adversely affect the property or affairs of the city, or,
directly or indirectly, use any information understood to be confidential
which was gained by reason of his official position for his own personal
gain or benefit or for the private interest of others.
(5)
An officer of the city shall not transact any business on behalf
of the city in his official capacity with any business entity with
which he is an officer, agent or member or in which he has a financial
interest. If such a circumstance should arise, then he shall make
known his interest and refrain from discussing the matter at any time
with the members of the body of which he is a member or any other
body which will consider the matter and abstain from voting on the
matter.
(6)
An officer of the city shall not provide services for compensation, directly or indirectly, to a person or organization who is requesting an approval, investigation or determination from the body of which the officer is a member. This restriction does not apply to outside employment of an officer if the employment is the officer's primary source of income and the officer complies with the other provisions, including, but not limited to, subsection (a)(9) of this section.
(7)
If an officer begins negotiation or enters an arrangement concerning
prospective employment with a person or organization that has a financial
interest in a matter in which the officer has been participating,
the officer shall:
(A)
In the case of a board member, immediately notify the board of which
he is a member of the nature of the negotiation or arrangement and
shall:
(B)
In the case of a member of the city council, file an affidavit with
the city administrator-secretary describing the nature of the negotiation
or arrangement and shall:
(8)
An officer of the city shall not receive any fee or compensation
for his services or vote as an officer of the city from any source
other than the city, except as may be otherwise provided by city ordinance
or law.
(9)
An officer of the city shall not personally represent, or appear
on behalf of, the private interests of others:
(A)
Before the city council or any city board or department;
(B)
In any proceeding involving the city;
(C)
Before a board which has appellate jurisdiction over the board of
which he is a member; or
(D)
In litigation or a claim to which the city or an employee of the
city is a party if the interests of the person being represented are
adverse to the city or an employee of the city and the subject of
the litigation or claim involves the board on which the board member
is serving or the department providing support services to that board.
(10)
An officer of the city shall not knowingly perform or refuse to perform
any act in order to deliberately thwart the execution of the city
ordinances, rules or regulations or the achievement of official city
programs.
(11)
An officer of the city shall not use city supplies, equipment or
facilities for any purpose other than the conduct of official city
business.
(12)
An officer of the city shall not engage in any dishonest or criminal
act or any other conduct prejudicial to the government of the city.
(b)
An
officer of the city shall be in violation of this code upon final
conviction of a felony or a misdemeanor involving moral turpitude.
(Ordinance 17-1219, exh. A, sec.
3, adopted 3/14/1994; 1994 Code,
sec. 1.903)
Any officer, whether elected or appointed, who has a financial
interest in any matter pending before the body of which he is a member
shall disclose such interest to the other members of the body, and
he shall:
(1)
Refrain
from discussing the matter at any time with any other member of the
body of which he is a member or any other body which will consider
the matter;
(2)
Refrain
from voting on the matter.
(Ordinance 17-1219, exh. A, sec.
4, adopted 3/14/1994; 1994 Code,
sec. 1.904)
(a)
An
officer who leaves the service of the city shall not, within twelve
(12) months after leaving that service, represent any other person
or organization in any formal or informal appearance before the city
council or board concerning a matter which was acted upon while he
was an officer or discussed as confidential information while an officer.
(b)
An
officer who leaves the service of the city shall not apply nor be
eligible for employment by the city in any full-time or part-time
employment or contract for personal services within twelve (12) months
after leaving the service of the city.
(Ordinance 17-1219, exh. A., sec.
5, adopted 3/14/1994; 1994 Code,
sec. 1.905)
The failure of any officer to comply with this article or the
violation of one or more of the standards of conduct set forth in
this code, which apply to him, shall constitute grounds for reprimand
or removal from office, as applicable. The matter shall be decided
by a majority vote of the city council, exclusive of those who are
alleged to have violated the standards of conduct. The decision of
the council shall be final.
(Ordinance 17-1219, exh. A, sec.
6, adopted 3/14/1994; 1994 Code,
sec. 1.906)
(a)
Any
person who is a resident of Stanton with knowledge that a violation
under this article may have occurred may file a sworn complaint with
the city administrator-secretary naming the officer(s) and describing
the nature of the violation. Upon filing of the complaint, the city
administrator-secretary shall provide copies of the complaint to the
city attorney, the mayor and all city council members.
(b)
Within
three (3) business days after receipt of the complaint by the mayor,
an ad hoc committee (the "committee") consisting of three (3) city
council members shall be appointed by the mayor. If the mayor is the
subject of the complaint or the complainant, the mayor pro-tem shall
select the committee members unless the mayor pro-tem is also disqualified,
in which case the city administrator-secretary shall select the committee
members. No city council member who is the subject of the complaint,
or who is the complainant, shall serve on the committee. If five (5)
or more members are disqualified, the person appointing the committee
may appoint the remaining members of the committee from the citizens
of Stanton.
(c)
The
committee shall investigate the allegations made in the sworn complaint
and, within thirty (30) days of its appointment, make a finding as
to whether or not there is sufficient evidence that a violation of
this article has occurred. In conducting the investigation, the committee
may contact witnesses and may consult with the city attorney, who
shall be the legal representative of the committee. The subject of
the complaint shall be allowed counsel at his own expense and shall
not be represented the city attorney.
(d)
If
the committee finds insufficient evidence to support the alleged violation,
a report so stating shall be filed by the committee with the city
administrator-secretary and no further action shall be taken on the
matter.
(e)
If the committee finds sufficient evidence of an alleged violation, the committee shall present, for discussion in executive session at the first regular council meeting after the completion of the investigation, a recommendation to the council as to the appropriate action to be taken pursuant to section 2.04.006 of this article. At such time, the subject of the complaint shall be allowed representation by counsel, the right to call witnesses and the right to cross-examine witnesses.
(f)
At
the next regular council meeting following the executive session wherein
the matter was discussed, any council member may make a motion that
the council take action to accept, reject or modify the recommendation
of the committee. In the absence of a motion, or if the motion fails
to pass by the required margin, the committee shall file a written
report of its investigation with the city administrator-secretary
and the investigation shall be closed.
(Ordinance 17-1219, exh. A, sec.
7, adopted 3/14/1994; 1994 Code,
sec. 1.907; Ordinance adopting 2024 Code)
