It is hereby declared to be the policy of the city that the
proper operation of democratic government requires that public officials
and employees be independent, impartial, and responsible only to the
people of the city. Governmental decisions and policies should be
made in the proper channels of the governmental structure. No officer,
employee, or member of any board, commission, or committee should
have any interest, financial or otherwise, or engage in any business,
transaction, or professional activity or incur any obligation of any
nature that conflicts with the proper discharge of their duties in
the public interest. Public office and public employment are positions
of public trust imposing the duty of a fiduciary upon all employees
and officeholders who are not to use their public position for personal
gain. The public should have confidence in the integrity of its government.
It is the policy of the city to uphold, promote, and demand the highest
standards of ethical behavior from its mayor, members of the city
council, employees, and individuals appointed to serve on the city's
boards, commissions, committees, task forces, and other appointed
or elected advisory groups.
[Ord. No. 1496-24 adopted 4/8/2024]
For this code of ethics, the following words and phrases shall
have the meanings ascribed to them by this section.
A board, commission, or committee of the city that functions
only in an advisory or study capacity.
Any entity recognized by law through which business for profit
is conducted, including a sole proprietorship, partnership, firm,
corporation, holding company, joint stock company, receivership, or
trust.
The City of Richland Hills.
Any person employed by the city, including those individuals
on a part-time basis, but such term shall not be extended to apply
to any independent contractor.
A person related to another person within the first degree
by consanguinity or affinity, as described by subchapter B, chapter
573, Government Code, as amended.
A relationship between a person and another person within
the third-degree by consanguinity or the second-degree by affinity,
as those terms are defined by subchapter B, chapter 573, Government
Code, as amended.
A benefit offered by a person, including food, lodging, transportation,
and entertainment accepted as a gift. The term does not include a
benefit offered on account of kinship or a personal, professional,
or business relationship independent of the official status of the
recipient.
A person acts knowingly, or with knowledge, concerning the
nature of their conduct or to circumstances surrounding their conduct,
when they are aware of the nature of their conduct or that the circumstances
exist.
Any member of the city council, the planning and zoning commission,
the board of adjustment and/or the building board of appeals, and
any member of a board, commission, or committee established by ordinance,
charter, or state law who has final approval authority over any application,
permit, license, or other city approvals provided, however, that no
member of an advisory board shall be deemed an officer of the city.
The mayor, members of the city council, the city secretary,
appointive officers, any member of a board, commission, or other voting
body that is established by either branch of city government, or by
this Code, and any appointee, any employee, or any individual who
provides services to the city within or outside of its offices or
facilities under a personal services contract.
A person who enters or seeks to enter into a contract with
the city. The term includes an agent of a vendor. The term does not
include a state agency, except for Texas Correctional Industries.
The intentional failure of a public servant to perform the
duties of their office.
[Ord. No. 1496-24 adopted 4/8/2024]
(a)
A person has a substantial interest in a business entity if the individual:
(1)
Has a controlling interest in the business entity;
(2)
Owns ten percent (10%) or more of the voting stock or shares
of the business entity or ownership of either 10 percent (10%) or
more or $5,000.00 or more of the fair market value of the business
entity (see Section 171.002, Texas Local Government Code, as amended);
(3)
Received funds from the business entity that exceed ten percent
(10%) of the person's gross income for the previous year (see
section 171.002, Texas Local Government Code, as amended);
(4)
Holds the position of member of the board of directors, or other governing board of the business entity, except as provided by subsection (b) below;
(5)
Serves as an elected officer of the business entity;
(6)
Is an employee of the business entity;
(7)
Is a creditor, debtor, or guarantor of the entity for $5,000.00
or more;
(8)
Has property pledged to the business entity, or is subject to
a lien in favor of the business entity, for $5,000.00 or more;
(9)
Has a substantial interest in real property if the interest
is an equitable or legal ownership interest with a fair market value
of $2,500.00 or more (see section 171.002, Texas Local Government
Code).
(10)
Has a substantial interest under this article if the person's
family member has a substantial interest under this chapter (see section
171.002, Texas Local Government Code).
(b)
A person does not have a substantial interest in a business entity
if the individual:
(1)
Holds a position as a member of the board of directors, or other
governing board of a business entity;
(2)
Has been designated by the city council to serve on such board;
(3)
Receives no financial benefit, either directly or indirectly,
for their service on such board; and
(4)
The primary nature of the business entity is either charitable,
nonprofit, or governmental.
[Ord. No. 1496-24 adopted 4/8/2024]
(a)
No city officer, employee, or advisory board member, or their spouse,
shall knowingly:
(1)
Accept or solicit any gift, favor, service, or thing of value
from any person, group, or business entity, including a promise of
future employment, that might reasonably tend to influence them in
the discharge of their official duties or that the officer, employee,
or advisory board member knows or should know is being offered with
the intent to influence the officer's or employee's official
conduct. This prohibition shall not apply to:
a.
An occasional non-pecuniary gift, that is not cash, and is insignificant
in value;
b.
An award publicly presented in recognition of public service;
c.
Any gift that would have been offered or given to the officer
employee or advisory board member, or their spouse, if they were not
a city officer, employee, or advisory board member; or
d.
Any travel and related expenses to attend ceremonial functions
provided that such acceptance and attendance have been approved by
the city council prior to the occurrence of the ceremonial function.
(2)
Grant in the discharge of their official duties any improper
favor, service, or thing of value to any person, group, or business
entity.
(3)
Knowingly disclose any confidential information gained in connection
to the position of the officer, employee, or advisory board member
concerning property, operations, policies, or affairs of the city,
or use such confidential information to advance any personal interest,
financial or otherwise, of such officer, employee, or advisory board
member, or others. This subsection shall not preclude disclosure of
such confidential information in connection with any investigation
or proceeding regarding whether there has been a violation of the
standards of conduct outlined in this article.
(4)
Use one's position, office of employment, city facilities,
personnel, equipment, or supplies to secure special privileges or
exemptions for themselves or others or for the private gain of the
city officer, employee, advisory board member, or their spouse.
(5)
Engage in any exchange, purchase, or sale of property, goods,
or services with the city, except:
a.
Rendering services to the city as an officer, employee, or advisory
board member;
b.
Paying taxes, fines, utility service, or filing fees; executing
and performing any developer's agreement or plat in compliance
with laws and regulations applicable to any person; provided, however,
if any city ordinance, rule, or regulation allows any discretion by
the appropriate officers or employees of the city in the interpretation
or enforcement of such ordinance, rule, or regulation, any such discretion
shall be exercised in favor of the city in connection with any such
developer's agreement or plat;
c.
Advisory board members who are not otherwise officers or employees
of the city, may engage in any exchange, purchase, or sale of property,
goods, or services with the city, or enter into a contract with the
city, provided that the board on which they are a member has no advisory
function or awareness, direct or indirect, present or prospective,
with respect to the transaction in which such advisory board member
engages or proposes to engage.
(6)
Hold themselves out as representing the city in any capacity
other than that for which they were appointed, elected, or hired.
(7)
Engage in or accept private employment, or render a service
when such employment or service is incompatible with the proper discharge
of their official duties or would tend to impair their independent
judgment, in the performance of their official duties.
(8)
Make or permit the unauthorized use of city-owned vehicles,
equipment, materials, or property.
(9)
Grant any special consideration, treatment, or advantage to
any citizen beyond that which is available to every other citizen.
(10)
Conduct any business in their official capacity with the city
with a business entity in which they have a substantial interest.
(11)
Engage in any dishonest or criminal act or any other conduct
prejudicial to the government of the city, or that reflects discredit
upon the government of the city.
(12)
Knowingly perform or refuse to perform any act to deliberately
prevent the execution of city ordinances, rules, or regulations or
the achievement of official city programs.
(13)
Misuse or misappropriate use of city funds.
(b)
No officer, advisory board member, or city employee shall knowingly
represent, directly or indirectly, any person, group, or business
entity:
(1)
Before the city council or any department, agency, board, or
commission of the city;
(2)
In any action or proceeding against the interests of the city,
or in any litigation in which the city or any department, agency,
board, or commission thereof is a party; or in any action or proceeding
in the municipal courts of the city that was instituted by a city
officer or employee during their official duties, or a criminal proceeding
in which any city officer or employee is a material witness for the
prosecution.
(c)
Restrictions on former employees:
(1)
No former city employee shall, for a period of two years from
the date of leaving city employment, knowingly:
a.
Appear before any board or commission of the city in relation
to any case, proceeding, or application in which they personally participated,
or which was under their active consideration, during the period of
their service or employment with the city.
b.
Represent, directly or indirectly, any private person, including
a former employee or any immediate family member, or any group or
interest, in any action or proceeding against the interests of the
city, or in any litigation in which the city or any department, agency,
commission, or board thereof is a party.
c.
Knowingly represent any private person, other than themselves,
including any immediate family member, or any group or interest in
any action or proceeding in the municipal court, which is instituted
by a city officer or employee in the course of official duties.
1.
This subsection shall not be construed to deprive a former employee
of the right to due process under the law, including the right to
represent themselves in a court proceeding.
d.
Have any financial interest in the sale of any land, materials,
supplies, or service to the city. Any violation of this subsection
with the actual or constructive knowledge of the former city employee
shall render the contract voidable by the city manager or the city
council. This subsection shall not apply to a former city employee
whose employment was terminated as part of a reduction in force or
to a former employee whose skills or experience are so unique that
failure to contract with them would be a detriment to the city as
determined by the city manager.
(d)
The restrictions in this section do not prohibit the following:
(1)
A city employee, officer, or advisory board member (other than
city council), or their spouse, appearing before the city council
or a city department, agency, board or commission to represent themselves
in a matter affecting their property; provided, however, that no such
person, or their spouse, shall appear before the board or commission
of which they are a member; or
(2)
A city employee or officer of an employee organization appearing
before the city council or a city department, agency, board, or commission
to address employment matters.
(e)
The restrictions in this section do not apply to business associates
of officers, employees, or advisory board members, but only personally
to the officers, employees, and advisory board members themselves.
[Ord. No. 1496-24 adopted 4/8/2024]
(a)
If any city officer, employee, or advisory board member has a substantial interest in a business entity or real property involved in any decision pending before such officer, employee, or advisory board member, or the body of which they are a member, such officer, employee, or advisory board member shall disclose such interest as provided in subsection (e) below and shall not, except as provided in subsection (b) below, discuss the substance of the matter at any time with any other member of the board of which they are a member, or any other body that will vote on or otherwise participate in the consideration of the matter.
(b)
If any of the following interests or relationships are involved in any decision pending before any city officer, employee, or advisory board member, or the body of which they are a member, such officer, employee, or advisory board member must disclose such interest or relationship as provided in subsection (e), but they shall be permitted to vote on and participate in the consideration of such matters listed as follows:
(1)
A decision concerning a bank or other financial institution
from which the officer, employee, or advisory board member 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 decision concerning a bank or other financial institution
in which the officer, employee, or advisory board member holds a savings
account, checking account, or certificate of deposit, and which is
fully insured by the U.S. government or an agency thereof;
(3)
A decision concerning a business entity with which the officer,
employee, or advisory board member has a retail or credit card account;
(4)
A decision concerning the approval of the substitution of collateral
by a city depository bank; and
(5)
A decision concerning real property in which the officer, employee,
or advisory board member has a substantial interest if it is not reasonably
foreseeable that such decision would have a special economic effect
on the value of the property, distinguishable from the effect on the
public (see section 171.004, Texas Local Government Code, as amended).
(c)
If a city officer, advisory board member, or a city employee, or a family member of a city officer, advisory board member, or city employee, receives one or more gifts that have a combined value of more than one hundred dollars ($100.00) in the twelve (12) month period preceding the date the city executes a contract with the vendor or considers entering into a contract with the vendor, the city officer, advisory board member, or city employee must disclose such gift as provided in subsection (f), (g) or (h), as applicable, but he or she shall be permitted to vote on and participate in the consideration of such matter. This requirement shall not apply to gift(s) accepted by a city council member, the city manager, or a city employee if the gift is a political contribution as defined by title 15, Election Code, or food accepted as a gift.
(d)
If any of the following relationships exist between a vendor and a city officer, advisory board member, or a city employee, the city officer, advisory board member, or city employee must disclose the relationship as provided in subsection (f), (g), or (h) as applicable and shall not, in accordance with subsection (a), discuss the substance of the matter at any time with any other member of the board of which they are a member or any other body that will vote on or otherwise participate in the consideration of the matter if:
(1)
The city enters into a contract with a vendor, or is considering
entering into a contract with a vendor, and the vendor has an employment
or other business relationship with the city officer, advisory board
member or city employee, or family member of the city officer, advisory
board member or city employee, resulting in the city officer, advisory
board member, or city employee, or their family member, receiving
taxable income, other than investment income, that exceeds twenty-five
hundred dollars ($2,500.00) during the twelve (12) month period preceding
the date the contract between the city and the vendor is executed,
or the date the city considers entering into a contract with the vendor;
or
(2)
The city enters into a contract with a vendor, or is considering
entering into a contract with a vendor, and the vendor has a Family
relationship with the city officer, advisory board member, or city
employee.
(e)
A city officer, city employee, or advisory board member shall disclose
the existence of any substantial interest in a business entity or
real property involved in any decision pending before such officer,
employee, or advisory board member, or the body of which they are
a member. To comply with this subsection, a city officer or advisory
board member shall, prior to any discussion or determination of the
matter, either file an affidavit of disclosure as required by § 171.004
of the Texas Local Government Code, as amended, or, if not so required,
shall publicly disclose in the official records of the body or of
the city secretary the nature of the interest. To comply with this
subsection, a city employee shall notify their superior, and the director
of human resources in writing of the nature of any substantial interest
they may have in a business entity or real property which would be
affected by an exercise of discretionary authority by the city employee.
The employee's superior shall assign the matter to another employee.
(f)
A city council member, the city manager, or a city employee shall disclose a relationship as defined in subsections (c) and (d) that exists between the city council member, the city manager, the city employee, or family member of the city council member, city manager, or city employee and vendor by filing a conflicts disclosure statement with the city secretary as required by § 176.003 of the Texas Local Government Code, as amended. The disclosure statement form is available from the city secretary. This disclosure shall be filed no later than 5:00 p.m. on the seventh (7th) business day after the date on which the city council member, the city manager, or the city employee becomes aware of the existence of a relationship as defined in subsections (c) and (d).
(g)
An advisory board member shall disclose a relationship as defined in subsections (c) and (d) that exists between the advisory board member, or family member of the advisory board member with a vendor by filing a written statement with the city secretary on a form promulgated by the city secretary for that purpose. This statement shall be filed not later than 5:00 p.m. on the seventh (7th) business day after the date on which the advisory board member becomes aware of the existence of a relationship as defined in subsections(c) and (d).
[Ord. No. 1496-24 adopted 4/8/2024]
(a)
It is not the intention of this code of ethics that violations be
subject to criminal penalties, except where otherwise provided by
state law.
(b)
Whenever the city council has determined that any officer (except
for city council members), employee, or advisory board member has
violated any provision of this section, such officer, city employee,
or advisory board member shall be subject to discipline, including
forfeiture of their office or position for all nonelected officers
or employees. Nothing in this article shall be construed to prohibit
such officer, city employee, or advisory board member from being elected,
re-elected, reappointed, or otherwise rehired to any position forfeited
under the provisions of this article.
(c)
The city council may exempt from the provisions of this section any
conduct found to constitute a violation by an officer, city employee,
or advisory board member if it finds that the enforcement of this
article with respect to such conduct is not in the public interest.
(d)
Any contract or transaction that was the subject of an official act
or action of the city in which there is an interest prohibited by
this article, or that involved the violation of a provision of this
article, shall be voidable at the option of the city council.
(e)
Pass a resolution of censure or a recommendation of recall when the
city council finds that a serious or repeated violation of this Code
has been committed intentionally by a member of the city council.
(f)
At the discretion of the city council, the city attorney or designee
will have the power if a violation of the provisions of this article
is threatened or has occurred, to bring a civil action or proceeding,
at law or in equity, for a judgment enjoining any violation of the
provisions of this article or requiring the relinquishment of any
prohibited interest or the voiding of any such contract or transaction,
taking into account the interests of the city and any third persons
who may be injured thereby.
[Ord. No. 1496-24 adopted 4/8/2024]
(a)
The city council and city manager shall have the primary responsibility
for the enforcement of this section. The director of human resources
shall also have responsibility for enforcement of this article as
it pertains to employee conduct. The city council, city manager, and
director of human resources, as appropriate, may direct the city attorney
to investigate any apparent violation of the article. Additionally,
the city council may employ or appoint any qualified attorney to investigate
any violation or series of violations of this article by one or more
persons. At the direction of the city council, the city attorney shall
have the power to investigate any complaint and to take any action
on behalf of the city where such action is appropriate.
(b)
Any person who believes that a violation of any portion of the article has occurred may file a complaint with the city council, and who may then proceed as provided in Subsection (a) above. However, nothing in this article shall be construed to prevent complainants from instituting direct legal action through the appropriate judicial authority.
[Ord. No. 1496-24 adopted 4/8/2024]
Where any officer, city employee, or advisory board member has
a doubt as to the applicability of any provision of this Code to a
particular situation, or as to the definition of terms used herein,
they may apply to the city attorney for an advisory opinion. The officer,
city employee or advisory board member shall have the opportunity
to present their interpretation of the facts at issue and of the applicability
of provisions of the Code before such advisory opinion is made.
[Ord. No. 1496-24 adopted 4/8/2024]
Public service as a city elected or appointed official is an
honor. Your voluntary service directly contributes to the quality
of life in city. Although this public service is not paid or compensated,
the contributions and benefits to the Richland Hills community and
its citizens are invaluable. Citizens fortunate enough to serve on
boards and committees do so with pride, integrity, and with the highest
of ethical standards. It is always advisable that should any member
or official have a legal question concerning any of these matters
that they consult with the city attorney and, if advisable, outside
counsel.
[Ord. No. 1496-24 adopted 4/8/2024]
