The specific ordinances providing for participation in the Texas
Municipal Retirement System, as adopted by the city, are not included
in this article, but they are hereby specifically saved from repeal
and shall be maintained on file in the office of the city secretary.
(Ordinance adopting 2009 Code; 2009 Code, sec. 9.02.001)
The specific ordinances providing for participation in the TML
Intergovernmental Employee Benefits Pool, as adopted by the city,
are not included in this article, but they are hereby specifically
saved from repeal and shall be maintained on file in the office of
the city secretary.
(Ordinance adopting 2009 Code; 2009 Code, sec. 9.03.001)
Close relative.
A person related to the former official in the first degree
by consanguinity or affinity, as determined under chapter 573 of the
Government Code.
Former official.
A former mayor, council member, or city employee at or higher
than the level of department director, or anyone acting on behalf
of such persons, including any entity recognized by law, such as a
sole proprietorship, partnership, firm, corporation, holding company,
joint stock company, receivership, or trust, that the person or the
person’s close relative owns or controls, directly or indirectly,
or for which the person or the person’s close relative serves
as an officer, director, principal, manager, employee, or agent.
(Ordinance 22-O-03.23-01, sec. 9.05.001,
adopted 3/23/2022)
(a) For
a period of two (2) years after leaving office or employment, a former
official:
(1) Shall not solicit, propose, lobby on, or participate in a contract
with the city, or enter into a contract with the city, for the sale
to the city of any goods or services other than real estate;
(2) Shall not sell or lease any real estate to the city unless the city
council has designated the property for acquisition and would otherwise
have to acquire the property through its power of eminent domain;
(3) Shall not appear before or communicate with any city official, board
or commission member, or employee with intent to illegally influence
any decision, determination, or approval on behalf of any person or
entity in connection with any matter on which the person or entity
seeks official action; and
(4) Shall not hold any compensated office or employment position with
the city if the former official is a former mayor or council member.
(b) For
a period of seven (7) years after leaving office or employment, no
former official shall represent a person or receive compensation for
services rendered on behalf of any person regarding any particular
matter in which they participated while serving the city, either through
personal involvement or because the matter was within their official
scope of authority or responsibility.
(c) No
former official shall ever use any confidential information to which
he has had access by virtue of his official capacity and which has
not been made public concerning the property, operations, policies,
or affairs of the city, to advance any personal financial interest
in violation of Texas Penal Code, section 39.06.
(Ordinance 22-O-03.23-01, sec. 9.05.002,
adopted 3/23/2022)
(a) This
division shall not prohibit the city’s engagement of a former
official who was a city employee as a consultant due to their unique
knowledge, experience, skills, and/or familiarity with matters of
city business, as continuation of the same or substantially similar
service for which they were previously employed by the city, within
the two (2) year period after leaving employment for a term of not
more than six (6) months, subject to approval via simple majority
vote of the city council.
(b) This division shall not prohibit a former official from representing a person or receiving compensation for services on behalf of any person under section
2.06.032(b) provided the representation or compensation is not for a city issue or regarding a matter of city business.
(c) This division shall not prohibit a former official who was a city employee from representing a person or receiving compensation for services on behalf of any person under section
2.06.032(b) for a city issue or regarding a matter of city business if approved via majority vote of the council upon a finding by the council that the representation or compensation would benefit the city or not harm the city’s interest.
(Ordinance 22-O-03.23-01, sec. 9.05.003,
adopted 3/23/2022)
(a) Any
bid, proposal, contract offer, or lease offer submitted in violation
of this division shall be disqualified, and any contract or decision,
determination, or approval procured in violation of this division
shall be voidable, via majority vote of the city council.
(b) A violation of this division shall be enforceable as a class C misdemeanor, and upon conviction shall be subject to a fine not to exceed five hundred dollars ($500.00) in accordance with the city Code of Ordinances, section
1.01.009 (general penalty for violations of code), and shall restart the two-year and seven-year periods under section
2.06.032 from the date of the violation.
(c) The
foregoing provisions are cumulative, and not exclusive of state law,
the city charter, and any other provision of the city Code of Ordinances.
(Ordinance 22-O-03.23-01, sec. 9.05.004,
adopted 3/23/2022)