It is the policy of the city to uphold, promote, and demand
the highest standards of ethics from all of its officials, whether
elected to city council or appointed to advisory boards. Accordingly,
all members of city boards, commissions, committees and the city council
("officials") shall maintain the utmost standards of personal integrity,
truthfulness, honesty and fairness in carrying out their public duties,
avoid any improprieties in their roles as public servants, comply
with all applicable laws, and never use their city position or powers
improperly or for personal gain.
(Ordinance 1885 adopted 5/28/2024)
The city and its officials all share a commitment to ethical
conduct in service to their community. This code of ethics has been
created to ensure that all elected and appointed officials and advisory
board members have clear guidance for carrying out their responsibilities.
(1)
General character.
Officials are often called
upon to make decisions that affect various groups and individuals
adversely. Balancing diverse constituent interests is a difficult
task. While someone will always be disappointed in decisions, officials
shall adhere to ethical standards that eliminate disappointment borne
of dishonesty, conflicts of interest, unfairness or illegality. Preservation
of public trust is critical for the preservation of democracy. A certain
amount of detail is required in any code of ethics so that it serves
as a clear guide. However, at the core of ethical behavior are some
basic standards that officials shall use to reach a level of conduct
that strives to be beyond reproach. Treating others as you would have
them treat you is always a good ethical test. Another standard is
to reflect on how your actions or decisions might be viewed by persons
you or the public holds in high regard because of their ethical integrity.
(2)
Honesty and integrity.
Honesty and integrity shall
be the primary values in all issues. The public trust in the city
council and citizen boards can be a reality only when public officials
are truthful.
(3)
Fairness and respect.
All issues and citizens
shall be handled with fairness, impartiality and respect. Officials
have an obligation to treat all citizens fairly, such as by dividing
time reasonably among potential speakers on an issue at a public hearing
or meeting. In reviewing, discussing and deciding issues, city council
members and citizen advisory board members have an obligation to be
accessible, open and direct, not only with the other members of the
council or board, but also to the citizens and business representatives
who appear before them. The public is entitled to communicate with
their public servants and understand the position of the council and
boards on public issues. However, private communication from citizens
to council does not constitute official public feedback. Councilmembers
should refrain from referring to these private conversations as official
constituent requests, since the remainder of council is not privy
to the original conversation. Requests from citizens will be considered
official and merit public discussion when they are made through an
official channel, vis-a-vis public forum or correspondence sent to
the full council.
(4)
Effort.
Officials have an obligation to attend
meetings and to be prepared. It is expected that these officials will
review the materials, participate in discussions and make an informed
decision on the merits of the issue.
(5)
Social media.
Councilmembers should be very cautious
in their use of social media for public purposes. At minimum, any
posting to disseminate or receive public information should be made
in the public domain instead of a private group.
(Ordinance 1885 adopted 5/28/2024)
(a)
Officials must be constantly on guard against conflicts of interest.
In short, officials shall not be involved in any activity which conflicts
with their responsibilities to the city and its residents. The citizens
of the city have a right to expect independence and fairness toward
all groups without favoring individuals or personal interests.
(b)
An official may not use his or her official position or office,
or take or fail to take any action, or influence others to take or
fail to take any action, in a manner which he or she knows, or has
reason to believe, may result in a personal or financial benefit,
not shared with a substantial segment of the city's population,
for any of the following persons or entities:
(1)
Himself or herself;
(2)
A member of his or her household, including a domestic partner
and his or her dependents, or the employer or business of any of these
people;
(3)
A sibling or stepsibling, stepchild, parent or stepparent, niece
or nephew, uncle or aunt, or grandparent or grandchild of either himself
or herself, or of his or her spouse or domestic partner, or the employer
or business of any of these people;
(4)
An outside employer or business of his or hers, or of his or
her spouse or domestic partner, or someone who works for such outside
employer or business;
(5)
A customer or client with annual payments over $2,500;
(6)
A person or entity from whom the official has received an election
campaign contribution of more than $2,500 in the aggregate during
the past election cycle;
(7)
A debtor or creditor of an amount over $2,500 of his or hers,
or of his or her spouse or domestic partner; or
(8)
A nongovernmental civic group, corporate board, union, social,
charitable, or religious organization of which he or she (or his or
her spouse or domestic partner) is an officer or director.
(Ordinance 1885 adopted 5/28/2024)
(a)
State conflict-of-interest laws apply to all officials, who
must be consistently aware of any potential issues which may appear
to be self-dealing. Specifically, officials should familiarize themselves
with Local Government Code chapters 171 and 176 as well as other state
and federal laws related to conflicts of interest and should be aware
that violations of these laws may be criminal violations.
(b)
Officials must not be involved in discussing or deciding any
issue over which they have jurisdiction as a council or board member
which may impact the member, or the member's family, financially.
(Ordinance 1885 adopted 5/28/2024)
State law prohibits officials from receiving anything of value
or any compensation (gifts) other than their normal salary for any
service rendered in connection with that person's duties with
the city. Officials must consider ethical principles before accepting
personal gifts of entertainment and sports/athletic activities.
(1)
Within two business days of receipt of the below gifts or favors
in the city, or within two business days of returning to the city,
or after receipt of a gift of favor while traveling outside of the
city, officials shall disclose in writing to the city clerk all gifts,
benefits, or favors received from people with a financial interest
in business before the city, or which may come before the city, that
relate to professional or collegiate sports, athletic, or entertainment
activities or tickets; or, have an aggregate face value of $250 or
more, amount subject to periodic review.
(2)
Under no circumstances shall a council or board member accept
a gift or favor that is a bribe, or reflects, to a reasonable person,
an effort to improperly influence the member contrary to that member's
responsibility to the public to act impartially and on the merits
of a matter. When in doubt about these requirements, officials shall
disclose the gift, benefit or favor. All disclosures will be kept
for public record in the city clerk's office.
(3)
Gifts having a value greater than $250 that are donated to the
city or a bona fide charity also do not need to be reported. This
section does not apply to gifts exceeding $50 in value and intended
for the city rather than as a personal gift to a councilmember or
board member. These items are city property. Officials who receive
a gift on behalf of the city exceeding $250 in value shall promptly
turn the gift over to the city manager for public display or other
appropriate handling. Texas Penal Code section 36.02, which provides
criminal penalties for bribery of a public official, may apply in
some instances.
(Ordinance 1885 adopted 5/28/2024)
Officials have an obligation to put the interests of the city
over all personal considerations. Their goal should be "what is in
the best interest for the broadest public good of the city, consistent
with constitutional and other legal protections for minority, property,
and other interests."
(Ordinance 1885 adopted 5/28/2024)
As provided in the Texas Government Code section 573 and the
city charter and personnel policy, no close relative (within the third
degree of consanguinity or the second degree of affinity) of a sitting
councilmember may be hired by the city or serve on an advisory board
or other appointed board of the city, and no relative of a sitting
advisory board member may be hired in the city department for which
that advisory board member provides guidance.
(Ordinance 1885 adopted 5/28/2024)
(a)
Public access: Discussion of issues which may appear before
the council or citizen board shall be prohibited when a situation
arises where a quorum of the council or board exists. Numerous State
and city laws require that meetings of public bodies be open to the
public and that public records be available for inspection. Open Meeting
Laws are found in chapter 551 of the Texas Government Code. That section
also prohibits "walking quorums," discussions of public issues in
numbers less than a quorum. Texas Municipal League therefore recommends
that there be no discussion of issues appearing before a council or
board, except in open session.
(b)
All elected officials and some board members are also required
to attend Texas Open Meetings training within 90 days of taking their
oath of office or assuming the responsibilities of office (Local Government
Code 551.005).
(Ordinance 1885 adopted 5/28/2024)
(a)
Mayor and city council.
Three (3) councilmembers
plus the mayor or four (4) councilmembers without the mayor may discipline
another councilmember if he or she misses three (3) consecutive and
duly noticed meetings of the city council without good cause. Duly
noticed meetings of the city council include regular council meetings,
special council meetings, study sessions, policy sessions, executive
sessions, budget review meetings, and council committee meetings to
which a councilmember is assigned.
(1)
Through this ethics code, the city council finds that personal
illness, family emergencies, military absences, family weddings, family
graduation exercises, and bona fide business and vacation trips constitute
good cause for nonattendance at council meetings. Whether good cause
exists for any other absence shall be determined by vote of the entire
city council upon request of any councilmember made within ten (10)
business days following the absence.
(2)
The vote shall be taken after sufficient information is received
explaining the reason for the councilmember's absence.
(b)
Boards, commissions and committees.
The city's
attendance policy for members of boards, commissions and committees
provides that, if a member fails to attend three (3) consecutive and
duly noticed meetings of such groups without being excused for good
cause, the city council may declare the seat vacant and appoint a
replacement.
(1)
Members of city boards, commissions and committees are expected
to attend all regularly scheduled meetings and should make every effort
to do so. The city council appoints members for their experience,
background and perspective in a particular policy area, and desires
the benefit of knowledgeable consideration and judgment. Moreover,
boards, commissions and committees cannot conduct any business unless
a quorum is present, usually a majority of the council or board. Members
should notify the chairperson of the board or the staff liaison regarding
any meeting missed or to be missed.
(2)
The advisory board, commission, or committee shall decide by
vote of the entire body, upon request made by any member of the body
with ten (10) business days following the absence, whether the absence
was for good cause or not. Advisory boards, commissions, and committees
shall use the same standard for good cause as set forth above for
council members.
(c)
Disclosure of confidential information.
During
a person's employment or service with the city and for two years
thereafter, no member of a city board, commission, committee or the
city council may disclose or use confidential information without
appropriate authorization. For example, confidential information includes
discussions during executive sessions and certain economic development
information such as prospect leads. Texas Penal Code section 39.06
provides criminal penalties for misuse of official information.
(d)
Discrimination and harassment.
(1)
Public decision-making must be fair and impartial and shall
not be discriminatory on the basis of those protected classes, such
as racial and religious groups, outlined in federal, state, and city
laws and ordinances. It is the policy of the city that its officials
conduct business and operate in a manner that is free from illegal
discrimination on the basis of age, sex, color, race, disability,
national origin, or religious persuasion, both internally and in the
relationships of the elected officials and advisory board members
with their constituencies. In addition, it is the policy of the city
that the officials strive to create an operating environment internally
and in the relationships of the officials with their constituencies,
that is productive and free from intimidation, hostility or other
adversity.
(2)
Harassment of any sort - verbal, physical, visual - including
intentional and unwarranted actions that would constitute sexual harassment
were they to occur in an employment relationship, by any elected official
or advisory board member, is prohibited and is considered a violation
of this code of ethics.
(Ordinance 1885 adopted 5/28/2024)
(a)
Officials shall not use their political or appointed office
to advance private interests.
(b)
Elected officials, advisory board members and candidates shall
not engage in political campaigning at city meetings or within city
buildings. They shall also not use public resources for political
campaigning. For example, candidates or supporters of candidates shall
refrain from circulating petitions during a city meeting and refrain
from soliciting city employees to support their specific cause. Council
and board members are free to express their opinions about the public
issues on the agenda before them, but they must not make campaign
speeches at council or board meetings touting their, or another's,
candidacy. Nor may they urge residents to vote for them or another,
through words, signs, buttons or other means, during duly noticed
meetings of the city council or its citizen advisory boards.
(c)
City council members shall not seek a campaign contribution
or an election endorsement from a city employee or association of
city employees. City employees are free to sign candidate nomination
petitions, and participate in political activities while not in uniform
or on duty.
(Ordinance 1885 adopted 5/28/2024)
(a)
Expense reports and travel.
When traveling on
city business, officials shall conduct themselves professionally as
representatives of the city. Travel guidelines for officials are outlined
in the city's personnel policy. Officials are entitled to be
reimbursed for actual and necessary expenses during travel. Expenses
must be documented completely and accurately. Officials are asked
to contact the appropriate city staff for assistance in travel plans
and expense reports.
(b)
Use of equipment and facilities.
Officials shall
not use city equipment or city facilities for private purposes, except
to the extent that they are available to the public.
(c)
Software management.
Officials shall not make,
use, accept or install illegal copies of computer software, documentation,
or templates. Electronic mail (e-mail): city-assigned electronic mail
accounts shall be used only for city business or for minor personal
use such as setting up medical appointments or communicating occasionally
with one's family in a way that does not interfere with city
business. City-assigned electronic mail accounts may not be used for
personal business or for any campaign purpose. All city-assigned electronic
mail is considered official city business and must be retained in
accordance with the city's records management program. In general,
electronic mail communications are public records and subject to disclosure
under the Public Information Act.
(d)
Use of staff.
Under the council-manager form of
government, the city council appoints a city manager, who directs
the day-to-day operations of all employees. Councilmembers need to
be sensitive to the role of the city manager and city staff. Councilmembers
shall work through the city manager on all operational and staff concerns.
Councilmembers, after alerting the city manager, may ask other staff
members about the status of a matter and may ask for information,
but councilmembers shall not expressly or implicitly give orders or
direction to staff, except through their participation on the city
council. They shall not try privately to influence the decisions or
recommendations of staff members, but they may share information with
staff. Council and board members shall not intervene directly with
staff on behalf of a particular constituent or organization on a pending
matter, but shall participate with council or board colleagues in
discussing and deciding policy matters for staff to carry out. Appointed
board members shall work through the staff liaisons of their board.
(Ordinance 1885 adopted 5/28/2024)
(a)
Officials and city staff have a duty to report suspected violations
of law or this article as set forth herein. All complaints or allegations
of a violation of this code of ethics against an official shall be
made in writing on a form provided by the city clerk, sworn to before
a notary public, and filed on record with the city clerk. 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.
(1)
The city clerk shall provide a copy of the complaint to the
implicated official and the city council, and immediately refer the
complaint to the city attorney, who shall initially review the complaint
to determine if the complaint contains sufficient detail and alleges
a violation of the code of ethics.
(2)
The affected official may file a written response to the complaint
within seven (7) business days after the complaint is filed with the
city clerk, who shall forward the response, if any, to the city attorney.
(3)
The city attorney shall conduct an initial review to determine
if the facts as alleged could constitute a violation of this code
of ethics within five days of the initial or clarified complaint.
(A)
When the city attorney receives a vague complaint or one lacking
in detail, the city attorney shall contact the complainant to request
a written clarification. If the complainant fails to provide the city
attorney with written clarification within 5 business days of the
request for written clarification, or if after written clarification
is provided, it is the opinion of the city attorney that the complaint
is insufficient in detail and/or fails to allege a prima facie violation
of the code of ethics, a written report to that effect shall be submitted
to the city council.
(B)
The city attorney may contact the complainant, interview witnesses
and examine any documents necessary for the initial review.
(C)
If the city attorney determines that a criminal violation may
exist, the city attorney shall refer the matter to the appropriate
law enforcement agency in addition to proceeding with the process
described herein.
(b)
If it is determined by the city attorney that the facts as alleged
could constitute a violation of this code of ethics, then the city
attorney shall immediately proceed to fully investigate the alleged
improprieties. For purposes of this investigation, the city attorney
shall have all of the powers of investigation as are given to the
city council by reason of the city charter. The city attorney shall
report back to the city council as soon as possible but in no event
more than twenty (20) business days from the date of the complaint
unless an extension is granted by the majority of the nonimplicated
city council. The city manager or city clerk shall cause a meeting
to convene, whether regular or special, within twenty (20) business
days after being so notified by the city attorney to further consider
said complaint in executive session. Said report shall be comprehensive
and explain in detail all facts, findings and conclusions in support
of the city attorney's opinion as to whether a violation of this
code of ethics occurred.
(c)
The city council shall consider the complaint and the city attorney's report at an executive session of the city council unless the affected official requests that the complaint be considered in a public meeting. At such meeting, the city attorney shall present a written report to the city council describing in detail the nature of the complaint and the city attorney's findings and conclusions as to a possible violation of this code of ethics. The affected official 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 such person's behalf. The nonimplicated city council members in attendance shall conduct a hearing and review the complaint. Unless additional time is granted in writing by the mayor prior to the hearing, the hearing, including the presentation of witnesses is limited to two hours. The city council may reject the complaint or take action authorized under section 1.11.013 Violations.
(d)
No action or decision with regard to the complaint shall be
made except in a meeting which is open to the public.
(e)
The city council may appoint outside legal counsel, or may direct
the city attorney to appoint outside legal counsel, or the city attorney
in the city attorney's discretion, may appoint outside legal
counsel, to perform any of the the duties and responsibilities of
the city attorney under this article and at any time in the investigative
process.
(f)
A complaint or allegation of a violation of this article may
only be made against an official while such person holds such position
or office. A complaint made against an official pursuant to this section
shall be processed and resolved even if such person resigns from,
or ceases to hold such position or office, prior to resolution of
the complaint.
(Ordinance 1885 adopted 5/28/2024)
The city council may take any one (1) 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 official 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 official, other than a city council member,
for a serious or repeated violation of this code of ethics. Removal
shall be, to the extent by and allowed, in compliance with the charter
and state law.
(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 intentionally by a member of the
city council.
(Ordinance 1885 adopted 5/28/2024)
This ethics ordinance applies only to the conduct or actions
of officials, as defined in this article, which occur in whole or
in part after the date of adoption of this article.
(Ordinance 1885 adopted 5/28/2024)
Any official may request and the city attorney shall issue,
a verbal or written opinion (as deemed appropriate) concerning the
meaning or effect of any section, word, or requirement of this code
of ethics as it affects such person.
(Ordinance 1885 adopted 5/28/2024)
