For the purposes of this code of ethics:
Benefit.
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.
Board.
A board, commission or committee:
(1) 
Which is established by city ordinance, interlocal contract, or state law; or
(2) 
Which serves as the board of a nonprofit development corporation that acts as an instrumentality of the city; and
(3) 
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.
City.
The City of Stanton.
Confidential information.
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.
Financial interest.
An interest described as a "substantial interest" in section 171.002(a) Local Government Code, V.T.C.A.
Officer.
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:
(i) 
Refrain from discussing the matter at any time with other board members or members of the city council if the city council will also consider the matter; and
(ii) 
Abstain from voting on the matter.
(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:
(i) 
Refrain from discussing the matter at any time with other council members or members of a board that will consider the matter; and
(ii) 
Abstain from voting on the matter.
(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)