This article shall be known as the city code of ethics and conduct
for city officials.
(Ordinance 18-O-108, sec. 1.02.070,
adopted 10/22/2018)
(a)
The
citizens and the businesses of the city are entitled to have fair,
ethical and accountable local government which earns the public’s
trust and full confidence for integrity. The strong desire of the
city to fulfill this expectation therefore requires that the city
officials, both elected and appointed, shall:
(1)
Comply with both the letter and spirit of the laws and policies affecting
the operations of government;
(2)
Be independent, impartial and fair in their judgment and actions;
(3)
Use their respective office or position for the public good, not
for personal gain;
(4)
All board, commission, committee or advisory committee members will
serve at the pleasure of the city council and may be removed at any
time by an affirmative vote by the majority of the council unless
otherwise provided by state law;
(5)
Each board, commission or committee member will acquaint themselves
with the city council’s comprehensive plan and vision for the
city;
(6)
If elected or appointed, each council, board, commission or committee
member, by accepting such appointment, will agree to support the comprehensive
plan comprehensive plan [sic] and the council’s vision, goals
and objectives for the city in their appointed role; and
(7)
All board, commission, committee or advisory committee members and
future members must read and review the ethics code, and sign the
statement in attachment B to Ordinance 18-O-108. An applicant for
a board, commission, committee, or advisory committee shall sign the
statement that the applicant has read and reviewed the ethics code
and attach the statement to an application for the board, commission,
committee or advisory committee.
(b)
To
this end, the city council has adopted this code of ethics and rules
of conduct for city officials, in order to assure public confidence
in the integrity of local government and its effective and fair operations.
(Ordinance 18-O-108, sec. 1.02.071,
adopted 10/22/2018)
The following words, terms and phrases, when used in this article,
shall have the following meanings subscribed to them:
A corporation, partnership, sole proprietorship, firm, holding
company, joint stock company, receivership, trust or any other for-profit
or not-for-profit entity.
The legislative and governing body of the city council members.
Any members of the city council, city officers and any appointed
member of a city board, commission, committee, or advisory committee
set up by ordinance, resolution, charter, state law or otherwise,
on a temporary or permanent basis.
The processes and rules of order established by the city council that include the provisions of the code of ethics and rules of conduct in section 2.05.004(1) through (17).
Showing favoritism to a relative. No person related within
the first degree of affinity (relationship by marriage or ties other
than those of blood) or the second degree by consanguinity (relationship
by a common ancestor; kinship) to any member of the city council or
the city manager shall serve on the board, commission, committee or
advisory committee appointed by the city council, including an ad
hoc or special purpose committee.
(Ordinance 18-O-108, sec. 1.02.072,
adopted 10/22/2018; Ordinance
adopting 2023 Code)
City officials shall comply with the following provisions:
(1)
Act in public interest.
Recognizing that stewardship
of the public interest must be their primary concern, city officials
shall work for the common good of the people of the city and not for
any private or personal interest, and shall assure fair and equal
treatment of all persons, claims, and transactions coming before the
city council, boards, commissions, committees and advisory committees.
(2)
Comply with the law.
City officials shall comply with
the laws of the nation, the State of Texas, and the city 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, resolutions,
and policies.
(3)
Conduct of city officials.
The professional and personal
conduct of city officials must be above reproach and avoid even the
appearance of impropriety. City officials shall refrain from abusive
conduct, personal charges, or verbal attack upon the character or
other motives of other city officials or employees, [and members of]
boards, commissions, committees, and citizen advisory committees.
(4)
Respect for process.
City officials shall perform their
duties in accordance with the processes and rules of order established
by the city council and boards, commissions and committees and advisory
committees governing the public deliberation of the public policy
issues, meaningful involvement of the public, and implementation of
policy decisions of the city council. City officials shall not interfere
with the legislative process.
(5)
Conduct of public meetings.
City officials have an obligation
to attend meetings and be prepared for public issues, to listen courteously
and attentively to all public discussions before the body, and to
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 interfering with the orderly conduct of the
meeting.
(6)
Decision based on merit.
It is expected and required
that city officials review material, participate in discussion and
base their decision on the merits and substance of the matter at hand.
(7)
Communication.
Prior to permitting final action on a
matter under consideration, city officials shall publicly share information
which they may have received from sources outside of the public decision-making
process, that is relevant to such action by the council, boards, commissions,
committees or advisory committees.
(8)
Conflicts of interest and disclosure.
City officials
shall familiarize themselves with and abide by the following conflicts
of interest and disclosure statutes and principles:
(A)
Chapter 171 of the Local Government Code requires a city official
to file an affidavit disclosing substantial interest in a business
or property that would be beneficially affected by a decision of the
governing body or of any other board or commission upon which the
member serves and thereafter to abstain from participation in discussion
and voting on the matter. Once the disclosure is made the city official
is to remove himself from the meeting area to ensure his presence
does not hinder the discussion of the item or influence of the vote.
(B)
Section 212.017 of the Local Government Code which requires city
officials to file an affidavit disclosing a substantial interest in
a subdivided tract.
(C)
Chapter 176 of the Local Government Code requires the city council
and the city manager to file a conflicts disclosure statement disclosing
any business relationship with a person or business doing business
with the city being considered by the city for a business relationship.
(D)
Section 176.003(a)(2)(B) of the Local Government Code requires the
disclosure of gifts of aggregate value of more than $250.00 in the
12-month period preceding the date that the local government officer
becomes aware of a transaction described in chapter 176, other than
gifts, food, lodging, transportation, or entertainment accepted as
a guest.
(E)
Sections 553.001 through 553.003 of the Government Code require the
filing of an affidavit before the date the city will acquire a property
in which the city official has a legal or equitable interest.
(F)
In order to ensure independence and impartiality on behalf of the
public good, city officials are prohibited from using their positions
to influence government decisions in which they have a personal interest.
(9)
Corruption.
City officials shall familiarize themselves
with and abide by the Texas Penal Code mandates concerning corruption,
including, without limitation, chapter 36, Bribery and Corrupt Influence,
section 36.02, Bribery, prohibiting receipt of prohibited gifts, section
36.03, Coercion of Public Servant, section 36.04, Improper Influence,
section 36.05, Tampering with a Witness, section 36.06, Obstruction
or Retaliation, section 36.07, Acceptance of Honorarium, section 36.08,
Gift to Public Servant, and section 36.09, Offering Gift to Public
Servant, and chapter 39, Abuse of Office, section 39.02, Abuse of
Official Capacity, section 39.03, Official Oppression, and section
39.06, Misuse of Official Information, and all other applicable state
laws regulating or related to public services.
(10)
Political advocacy.
City officials shall not utilize
the city’s name or logo for purposes of endorsing any political
candidate, business, proposition or measure.
(11)
Confidential information.
City officials shall respect
the confidentiality of information concerning city property, personnel,
or proceedings of the city. City officials shall neither disclose
confidential information without proper legal authorization, nor use
such information to advance their personal interest.
(12)
Use of public resources.
City officials 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 unless authorized by council action.
(13)
Representation of private interests.
In keeping with
their role as stewards of the public interest, city officials shall
not appear on behalf of private interests of third parties before
the council or any board, commission, committee, or proceeding of
the city.
(14)
Advocacy.
City officials shall represent the official
policies or positions of the city council, board, commission, committee,
or advisory group to the best of their ability when designated as
a delegate for this purpose. When presenting their individual opinions
and positions, city officials shall explicitly state that they do
not represent the city council, board, commission or committee of
the city, nor will they allow the interference [inference] that the
city official is the representative.
(15)
Policy role of city officials.
City officials shall
respect and adhere to the city governmental structure as outlined
in the city’s policies and procedures and this code of ethics
and rules of conduct. In this structure, the city council determines
the policies of the city with the advice, information and analysis
provided by the public boards, commissions, committees, advisory committees,
city staff, city attorney and city consultants. Except as provided
by city ordinance or resolution, 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 action. The mayor shall directly supervise
the following municipal officers: the city manager, city secretary,
municipal court administrator, finance director, chief of police and
code enforcement officer, as provided for in the city employee handbook.
(16)
Independence of boards, commissions, committees and advisory committees.
Because of the value of the independent advice of boards, commissions,
committees, or advisory committees to the public decision-making process,
city officials shall refrain from using their position to influence
unduly the deliberations or outcomes of boards, commissions, committees,
or advisory committees.
(17)
Positive, safe and harassment-free workplace environment.
City officials shall support the maintenance of a positive and constructive
workplace environment for the city employees and for citizens and
businesses dealing with the city. City officials shall recognize their
special role in dealing with the city employees and refrain from creating
the perception of inappropriate direction to the staff.
(18)
Implementation.
An expression of the standards of conduct
for the city officials expected by the city, the city code of ethics
and rules of conduct is intended to be self-enforcing. It therefore
becomes effective when city officials 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, committees, or advisory committees, and newly
elected and appointed officials. City officials entering office, including
those appointed to [to office,] shall sign the statement in attachment
B to Ordinance 18-O-108 affirming they have read and understood the
city code of ethics and rules of conduct [and] to agree to be bound
by its terms. In addition, the code of ethics and rules of conduct
shall be reviewed periodically by the city council, boards, commissions,
committees, advisory groups, employees and citizens for revision as
necessary.
(Ordinance 18-O-108, sec. 1.02.073,
adopted 10/22/2018; Ordinance
19-O-36 adopted 6/10/2019; Ordinance adopting 2023 Code)
The city code of ethics and rules of conduct expresses standards
of ethical conduct expected for the city officials, the city council,
and boards, commissions, committees, or advisory committees. City
officials themselves have the primary responsibility to assure that
ethical standards are understood and met, and then 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 rules
of conduct and are brought to their attention.
(Ordinance 18-O-108, sec. 1.02.074,
adopted 10/22/2018)
(a)
The
city council may impose sanctions, such as a reprimand, formal censure
or loss of appointment, on city officials whose conduct does not comply
with the code of ethics and rules of conduct.
(b)
The
city council may also remove members of boards, commissions, committees,
and advisory committees from the board, commission, committee, or
advisory committee in accordance with city council procedures and
subject to the limitations set forth in state law.
(Ordinance 18-O-108, sec. 1.02.075,
adopted 10/22/2018)
(a)
Upon
good faith belief that a city official has violated any term or provision
of the code of ethics and rules of conduct, a party having such good
belief that a violation has occurred and wishing to initiate a formal
review of the alleged violation shall file a written complaint with
the city secretary. The written complaint shall contain:
(1)
The name of the complaining party (hereinafter complainant);
(2)
The name of the party [against] whom against the complaint is being
filed (hereinafter the respondent);
(3)
The specific sections of this code allegedly violated;
(4)
Specific dates, approximate times of day, locations and other facts
evidencing the alleged violations; and
(5)
Any documentation evidencing that a violation of the handbook had
occurred.
(b)
Upon
receipt of a written complaint meeting all of the requirements set
forth in the preceding subsection, the city secretary shall put the
complaint on the next city council meeting agenda for which posting
requirements may legally and procedurally be met. Alternatively, if
the complaint does not meet all the requirements set forth in the
preceding subsection, the city secretary shall notify the complainant
in writing of the nature of the deficiency and no further action by
the city secretary or the council shall be necessary, until such time
the city secretary can determine if the complaint meets the requirements
of this section.
(c)
Once
placed upon the city council agenda, the scope of the city council
review shall be limited to a determination of whether the complaint
on its face presents of violation of this code of ethics and conduct
for which sanctions, such as reprimand, formal censure, or loss of
appointment, would be appropriate in order to serve the legitimate
goal of orderly governance, integrity, and public confidence in government.
Upon a majority vote of the city council that the complaint warrants
further review and investigation, an item shall be placed on the next
available regular city council meeting agenda for which posting requirements
may be legally and formally met. Additionally upon majority vote the
city council may specify any and all individual items of grievance
from the complaint that merit such review and investigation that will
be considered by the city council at subsequent hearing on the matter.
(d)
At
least seven (7) days prior to the hearing date, the city secretary
shall notify the respondent in writing of the date, time, and place
at which the council will conduct a hearing on the merits of the alleged
complaint, and if the city council by majority vote has specified
individual items for review and investigation at the hearing such
notice shall advise the respondent of the scope of the hearing. Alternatively,
if upon its review upon the face of the complaint on its face [sic]
a majority vote of city council determines that further review and
investigation is not warranted, then the complainant shall be notified
in writing of such vote, the written complaint shall be returned to
the complainant, and no further action shall be required. At the subsequent
council hearing, the complainant and respondent may present testimonial
and/or documentary evidence regarding the allegations contained in
the complaint. If council determines that substantial evidence has
been presented to support the allegation of [violation of the] handbook
has occurred and is detrimental to the orderly governance, integrity,
and public confidence in the city government, then the city council
by a majority vote may impose sanctions, such as reprimand, formal
censures, or loss of appointment, as determined appropriate to serve
legitimate goals of this policy.
(e)
All
procedural rules of the council shall apply to proceedings conducted
pursuant to this section. The complaint procedure specified in this
section shall only be applicable to those city officials who are appointed
and for the conduct of such official that occurs during the official’s
term of office on the city board, commission, committee, or advisory
committee.
(Ordinance 18-O-108, sec. 1.02.076,
adopted 10/22/2018)
The mayor or any city council member may be removed from office
in accordance with section 21.026 of the Texas Local Government Code
for violations of the city code of ethics and rules of conduct.
(Ordinance 18-O-108, sec. 1.02.077,
adopted 10/22/2018)
It is an offense to violate any section of this code. A complaint
may be filed in the city municipal court for violations of the city
code of ethics and rules of conduct.
(Ordinance 18-O-108, sec. 1.02.078,
adopted 10/22/2018)
