It is hereby declared to be the policy of the city that the proper operation of democratic government requires that public officials be independent, impartial, and responsible only to the people of the city; that no officer shall permit any interest, financial or otherwise, direct or indirect, or engagement in any business, transaction or professional activity to conflict with the proper discharge of such person's duties in the public interest; that public office not be used for personal gain; and that the city council at all times shall be maintained as a nonpartisan body. To implement such a policy, the city council deems it advisable to enact a code of ethics for officials, as defined in this article whether elected or appointed, paid or unpaid, 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, the overriding interest being that such officers of the City shall at all times strive to avoid even the appearance of impropriety. Furthermore, this article is enacted to carry out the purposes established by section 3.18 of the Home Rule Charter of the city.
(Ordinance 819-23 adopted 12/19/2023)
(a) 
This article shall be known as the code of ethics.
(b) 
This code of ethics shall apply to all officers or officials as defined in this article.
(c) 
This code of ethics does not apply to employees other than those directly appointed by the city council. The standards of conduct for employees are governed by the city's personnel policies and city charter.
(d) 
This code of ethics shall apply prospectively and shall not sustain any complaints based on acts or omissions alleged to have taken place prior to December 19, 2023.
(e) 
This code of ethics applies to officers only while such persons hold such positions or offices.
(Ordinance 819-23 adopted 12/19/2023)
The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section:
Benefit.
Anything reasonably regarded as pecuniary or economic gain or pecuniary or economic advantage, including benefit to any other person whose welfare the beneficiary has a direct and substantial interest.
Business entity.
Any person, entity, corporation (whether for-profit or nonprofit), general or limited partnership, sole proprietorship, joint venture, unincorporated association or firm, institution, trust, foundation, holding company, joint-stock company, receivership, or other entity recognized by law, whether or not organized for profit, which has an economic interest, or seeking such, in conducting business with the city. Business entity also includes any business entity that represents a party conducting or seeking to conduct business with the city.
City.
The City of Aubrey, Texas.
City Charter.
The Home Rule Charter of the City of Aubrey, Texas.
Clear and convincing evidence.
Evidence that is legally and factually sufficient such that a fact-finder could reasonably form a firm belief or conviction that the allegation is true.
Confidential information.
Any information to which an official has access in such person's official capacity which may not be disclosed to the public except pursuant to state and/or federal law and which is not otherwise a matter of public record or public knowledge. Confidential information includes the following information, however transmitted:
(1) 
Any information from a meeting closed to the public pursuant to the Texas Open Meetings Act or other law regardless of whether disclosure violates the Texas Open Meetings Act or Texas Public Information Act;
(2) 
Any information protected by attorney-client privilege, attorney work product, or other applicable legal privilege; and
(3) 
Any information deemed confidential by law.
Contract.
Any lease, claim, account, or demand against or agreement with any entity or person, whether express or implied, executed or executory, oral or written.
Corporation.
Any corporation that has a board of directors appointed in whole or in part by the city council that is operating under the direct authority of or subject to the direct control of the city council.
Employee.
A person employed by the city, including those individuals on a part-time basis, excluding independent contractors.
Gift.
Anything of value, regardless of form, offered or given in the absence of adequate and lawful consideration. It does not include the receipt or acceptance of campaign contributions which are regulated by federal, state, and/or local laws or ordinances.
Intentionally.
A person acts willfully or purposely and not accidentally or involuntarily.
Knowingly.
A person is aware that the conduct is reasonably certain to cause the result.
Officer or official.
Any member of the city council and any appointed member of a city board, commission, or committee established by ordinance, city charter, state law, or otherwise, on a temporary or permanent basis, appointed by the city council or any member of the city council, operating either under the direct or indirect authority of the city council, or subject to either the direct or indirect control of the city council. The following appointees directly appointed by the city council or with input of the city council are also officers or officials for purposes of this code of ethics: City manager, city secretary, police chief, and fire chief. The conduct of the city attorney and municipal judges are governed by the Texas Disciplinary Rules of Professional Conduct and the Texas Code of Judicial Conduct, and therefore, the city attorney and municipal judges are not included in the definition of officer or official for purposes of this code of ethics.
Relative.
Any person related to an officer within the second degree of consanguinity or affinity. This relationship includes spouse, parents, children, stepchildren, father-in-law and mother-in-law, son-in-law and daughter-in-law, grandparents, grandchildren, sisters, and brothers of the officer.
Special privilege.
A right, advantage, or favor for a particular person, occasion, or purpose not otherwise available to others.
Substantial interest.
(1) 
The ownership of ten percent or more of the voting stock or shares of a business entity;
(2) 
The ownership of ten percent or more or $25,000.00 or more of the fair market value of a business entity; or
(3) 
Funds received from the business entity exceed ten percent of the person's gross income for the previous year, and action on the matter involving the business entity will have a special economic effect on the business entity that is distinguishable from the effect on the public. It is expressly provided herein that an investment or ownership in a publicly held company, in an amount less than $5,000.00 does not constitute a substantial interest. A person has a substantial interest in real property if the interest is an equitable or legal ownership with a fair market value of $2,500.00 or more and it is reasonably foreseeable that an action on a matter involving the real property will have a special economic effect on the value of the real property distinguishable from its effect on the public. Ownership includes any partnership, joint or corporate ownership, or any equitable or beneficial interest as a beneficiary of trust. An officer is considered to have a substantial interest under this code of ethics if a relative of a person has a substantial interest under this code of ethics.
(Ordinance 819-23 adopted 12/19/2023)
No officer of the city or a relative thereof shall:
(1) 
Have a financial interest, direct or indirect, in any contract with the city, nor shall such person be financially interested, directly or indirectly, in the sale to the city of any land, or rights or interest in any land, materials, supplies, or service. The financial interest contemplated under this section requires that such person receive an actual financial benefit from the transaction with the city. An actual financial benefit from the transaction shall include:
(A) 
An ownership in the entity transacting business with the city where the ownership interest is more than ten percent.
(B) 
Compensation as an employee, officer, or director of the entity transacting business with the city where such compensation is affected by the entity's transaction with the city.
(2) 
Participate in a vote or decision on any matter in which the officer has a substantial interest.
(3) 
Represent or appear on behalf of private interests of others before the city council, or any agency, board, commission, corporation, or committee of the city, nor shall represent any private interests of others in any action or proceeding involving the city, nor voluntarily participate on behalf of others in any litigation to which the city is, or might be, an adverse party.
(4) 
Accept any gift from any person that might reasonably tend to influence such officer in the discharge of such person's official duties. The prohibition against gifts shall not apply to:
(A) 
A lawful campaign contribution;
(B) 
An honorarium in consideration for services unless the officer would not have been asked to provide the services but for the officer's position;
(C) 
Meals, lodging, or transportation in connection with services rendered by the officer at a conference, seminar, or similar event;
(D) 
Complimentary copies of trade publications and other related materials;
(E) 
Attendance at hospitality functions at local, regional, state, or national association meetings and/or conferences;
(F) 
Any gift which would not have been offered or given to the person if such person was not an officer or employee of the city;
(G) 
An occasional item with a value less than $50.00;
(H) 
Tee shirts, caps, and other similar promotional material;
(I) 
Meals, transportation, and lodging in connection with a seminar or conference at which the officer is providing services;
(J) 
Gifts on account of kinship or a personal, professional, or business relationship independent of the officer's status.
(K) 
Complimentary attendance at political or charitable fundraising events; and
(L) 
Meals, lodging, transportation, or entertainment furnished in connection with public events, appearances, or ceremonies related to official business, if furnished by the sponsor of such events.
(5) 
Use of such person's official position to secure special privileges or benefits for such person or others.
(6) 
Grant any special consideration, treatment, or advantage to any citizen, individual, business organization or group beyond that which is normally available to every other citizen, individual, business organization, or group.
(7) 
Disclose confidential information.
(8) 
Engage in any outside activities which will conflict with or will be incompatible with such person's official position or duties as an officer of the city.
(9) 
Use or permit the unauthorized use of city supplies, personnel, property, equipment, or facilities (whether tangible or intangible) for any purpose other than the conduct of official city business.
(10) 
Act as a surety on any official bond required for any officer or employee of the city, or for a business that has a contract, work, or business with the city.
(11) 
Give the appearance that the person is representing the city in any capacity other than that for which the person was appointed, elected, or hired.
(12) 
Engage in or accept private employment or render a service when such employment or service is incompatible with the proper discharge of the person's official duties or would tend to impair the person's independent judgment in the performance of official duties.
(13) 
After termination of service or employment with the city, appear before any board or commission of the city in relation to any case, proceeding, or application in which the person personally participated, or which was under the person's active consideration during the period of the person's service or employment.
(14) 
Perform or refuse to perform any act in order to knowingly thwart the execution of city ordinances, rules, or regulations or the achievement of official city programs.
(15) 
Vote on any funding request made by a nonprofit organization if the city official is a member on the board of the nonprofit organization, unless the nonprofit organization has a board of directors or trustees appointed in whole or in part by the city council.
(Ordinance 819-23 adopted 12/19/2023)
(a) 
Vote not allowed.
Except as expressly provided in subsection (b) of this section, if a city official has a substantial interest in a business entity or real property involved in a matter pending before such city official or the body of which he is a member, such city official shall disclose such interest as provided in Subsection (c) [sic] of this section and shall not vote or discuss the substance of the matter at any time with any other member of the board of which he is a member or any other body which will vote on or otherwise participate in the consideration of the matter.
(b) 
Vote allowed.
If any of the following interests are involved in any matter pending before any city official or the body of which the person is a member, such city official shall disclose such interests as provided in subsection (c) [sic] of this section, but the person shall be permitted to vote on and participate in the consideration of such matter:
(1) 
A matter concerning a bank or other financial institution from which the city official has a home mortgage, automobile loan, or other installment loan, if the loan is not currently in default, was originally for a term of more than two (2) years and cannot be accelerated except for failure to make payments according to the terms thereof.
(2) 
A matter concerning a bank or other financial institution in which the city official holds a savings account, checking account, or certificate of deposit and which is fully insured by the U.S. government or agency thereof.
(3) 
A matter concerning the approval of substitution of collateral by a city depository bank.
(4) 
A matter concerning real property or a business entity in which the city official has an interest if the action on the matter would not have a special economic effect on the value of the property or business entity, distinguishable from the effect on the public.
(5) 
A matter concerning the approval of substitution of collateral by a city depository bank.
(Ordinance 819-23 adopted 12/19/2023)
(a) 
All complaints or allegations of a violation of this code of ethics against an officer shall be made in writing, sworn to before a notary public, and filed of record with the city secretary in the form specified below. Such complaint shall describe in detail the act or acts complained of and the specific section(s) of this code of ethics alleged to have been violated. A general complaint lacking in detail shall not be sufficient to invoke the investigation procedures contained herein, and anonymous complaints shall not be considered. The city secretary shall provide a copy of the complaint to the affected officer and the city council. The city council shall immediately appoint outside counsel who shall initially review the complaint to determine if the complaint contains sufficient detail and alleges a violation of this code of ethics. The affected officer may file a written response to the complaint within seven business days after the complaint is filed with the city secretary who shall forward the response, if any, to the outside legal counsel.
THE STATE OF TEXAS
COUNTY OF DENTON
COMPLAINT OF VIOLATION OF CODE OF ETHICS
COMES NOW __________ [insert name of complainant] who makes this complaint upon his/her/their personal knowledge and under oath against __________ [insert name of person complained against], and would show the following:
On or about the _____ day of _____, 20 _____, [insert date of the action or omission complained of] __________ [insert name of person complained against] a/an __________ [insert role held by person complained of] of the City of Aubrey, Texas, violated the following provision(s) of the Code of Ethics, to-wit: __________ [insert section, subsection, and paragraph number the provision(s) alleged to have been violated] by committing the following act(s) or omission(s), to-wit:
__________________________________________________________
__________________________________________________________
__________________________________________________________
[insert a detailed description of conduct alleged to have violated the Code of Ethics].
By making and filing this complaint, I certify under oath that the statements contained herein are true and correct.
[Original signature and executed notary block must be included].
(b) 
Outside legal counsel shall perform an initial review for purposes of forming an opinion as to whether the complaint is sufficient to allege a violation of this code of ethics. Such initial review shall be completed as soon as possible but not later than fifteen business days after the receipt of the complaint, unless an extension is granted by a majority of the nonimplicated city council members. Outside legal counsel may contact the complainant, interview witnesses, and examine documents necessary to perform the initial review. Such initial review shall include the facts, findings, and conclusions in support of outside legal counsel's opinion. If outside legal counsel determines that a criminal violation may exist, outside legal counsel shall refer the matter to the appropriate law enforcement agency. Outside legal counsel shall notify the city council when the initial review has been completed.
(c) 
The city council shall cause a meeting to convene, whether regular or special, within fifteen business days of being notified by outside legal counsel that the initial review has been completed. The city council shall receive outside legal counsel's initial review in executive session. Action as a result of the executive session, if any, must be taken in open session. Actions after receiving the initial review may include:
(1) 
The city council may find that the complaint is insufficient in detail or fails to allege a violation of this code of ethics; or
(2) 
The city council may find that the complaint alleges a violation of this code of ethics.
(d) 
If a finding is made by the city council that the complaint alleges a violation of this code of ethics, outside legal counsel shall immediately proceed to fully investigate the alleged improprieties and prepare a written report within fifteen business days of the city council determination unless an extension is granted by the city council. For purposes of this investigation, outside legal counsel shall have the powers of inquiry and investigation as are given to the city council by reason of section 3.17, "investigations by the city council" of the city charter. It shall be unlawful and an offense for any person to fail to obey a subpoena as ordered under the provisions of this section and shall constitute a misdemeanor punishable by a fine not to exceed $500.00.
(e) 
The city council shall consider the complaint and outside legal counsel's written report at an executive session of the city council. The affected officer may request that the complaint be considered in a public meeting. At such meeting, outside legal counsel shall present a written report to the city council describing in detail the nature of the complaint and outside legal counsel's findings and conclusions as to a possible violation of this code of ethics. The affected officer shall have the right to a full and complete hearing before the city council with the opportunity to call and cross-examine witnesses and present evidence in the affected officer's behalf. If the affected officer invokes his right to a hearing, the nonimplicated city council members in attendance shall conduct the hearing and review the complaint by the clear and convincing evidence standard. The city council may reject the complaint or take action as authorized under section 15.01.007, "violations."
(Ordinance 819-23 adopted 12/19/2023)
The city council may take any one or more of the following actions in an open meeting concerning a complaint:
(1) 
Issue a statement finding the complaint is totally without merit, brought for the purpose of harassment, or brought in bad faith.
(2) 
Issue a letter of notification when the violation is unintentional. A letter of notification shall advise the officer of any steps to be taken to avoid future violations.
(3) 
Issue a letter of admonition when the violation is minor or may have been unintentional but calls for a more substantial response than a letter of notification.
(4) 
Issue a reprimand when a violation has been committed knowingly or intentionally.
(5) 
Remove from office an officer, other than a city council member, for a serious or repeated violation of this code of ethics.
(6) 
Pass a resolution of censure or a recommendation of recall when the city council finds that a serious or repeated violation of this code of ethics has been committed knowingly or intentionally by a member of the city council.
(Ordinance 819-23 adopted 12/19/2023)