[1]
Editor's note–Former article 2.04 pertaining to the code of ethics and deriving from Ordinance 05-09-27-E adopted 9/27/05, was repealed and deleted in its entirety by Ordinance 555.
(a) 
The citizens and businesses of the city are entitled to have fair, ethical and accountable local government that earns the public's full confidence for integrity. The purpose of the code of ethics is to establish guidelines for ethical standards of conduct.
(b) 
The purpose of this code of ethics is to apply to elected and appointed officials and to city employees. However, the city manager retains authority to supervise, discipline, and instruct the actions of all city employees designated as answering to him/her under the charter, ordinances, and organizational structure of the city. The city council enforces this code of ethics against elected and appointed officials and the city manager. The city manager enforces this code of ethics against city employees.
(Ordinance 555 adopted 1/14/2025)
The following words, terms, and phrases, when used in this code, shall have the meanings subscribed to them below.
Business.
A corporation, partnership, association, sole proprietorship, firm, holding company, joint stock company, receivership, trust or any other for profit or nonprofit entity, company, or association.
City council.
The legislative and governing body of the City of Bee Cave consisting of the mayor and city council members.
City official.
Any member of the city council and any appointed member of a board, commission, or committee set up by ordinance, charter, state law or otherwise, on a temporary or permanent basis. The term also includes the city manager and the city attorney. This definition expressly excludes any municipal court judge as such official's conduct is regulated by the Texas Commission on Judicial Conduct.
Confidential Information.
Any information obtained by a city official or employee because of their position with the city and that is not available to the public under the Texas Public Information Act. Such information also includes any discussions which occur in executive session.
Employee.
Any person employed by the City of Bee Cave on a full-time or part-time basis, including only independent contractors hired by the city for repetitive performance of services that are in furtherance of necessary operation and function of the city, and not independent contractors engaged for occasional services that are not repeated on a consistent basis. An example would include the contract services of the city engineer.
Ethics Code.
This term shall mean the code of ethics and conduct identified in this Article 2.04 of the Bee Cave Code of Ordinances and any other code provision designating itself as an ethical code.
Former city official.
Any person who has previously been a member of the city council and any appointed member of a board, commission, or committee set up by ordinance, charter, state law or otherwise, on a temporary or permanent basis, but no longer serves in such position.
Former employee.
Any person who has formally been employed by the City of Bee Cave, on a full-time or part-time basis.
Recuse.
The terms "recuse," and "recusal" include but are not limited to a person not deliberating or voting from the dais or otherwise making a substantive decision on any subject matter the person is in conflict with from the time the conflict occurs or is recognized. The person must refrain from attempting to influence the deliberating body while the body is deliberating on the subject matter or otherwise influencing the decision maker involved in deciding on any conflicted subject matter. The person being recused may provide a factual rendition or an opinion of personal experience, in writing, to the city secretary prior to any deliberation by the deliberating body, should the person wish to provide any comments on the recusal. Such rendition does not violate this code regarding recusal.
Undue influence.
This term includes when a person or persons intentionally or knowingly exercise a level of control over another that the person's assertion of control becomes the dominant decision maker, subverting or overpowering the mind or will of the person over which the influence is being exerted.
(Ordinance 555 adopted 1/14/2025)
(a) 
Conduct of public meetings.
City officials have an obligation to not interfere with the orderly conduct of meetings.
(b) 
Comply with the law.
City officials shall comply with mandatory requirements of the United States and Texas constitutions, laws and statutes pertaining to conflicts of interest, financial disclosures, employer responsibilities, open processes of government, and the city charter.
(c) 
Information contained on personal devices or electronic accounts.
City officials are prohibited from intentionally or knowingly deleting, altering, or hiding public information (i.e., information related to city business). This includes information that is sent or received on a personal device or electronic account without the city also having a copy of such information. Individuals who have public information stored on their personal devices or electronic accounts must save such information or forward such information to the city's officer for public information.
(d) 
Executive session.
All discussions of a city council, board, or commission which occur in executive session are considered confidential. No city official or employee shall disclose the discussion which occurred in executive session unless such is made to another member of the body, the city council, the city manager, or city attorney.
(e) 
Conflicts of interest, disclosure, and recusal.
(1) 
State Conflicts of Interest.
All of the below subsections are a conflict of interest for purposes of this article.
(A) 
Acts which could constitute a violation of chapter 171 of the Texas Local Government Code which requires city council members and city officials to file an affidavit disclosing a substantial interest, as that term is defined in chapter 171, in a business or property that would be beneficially affected by a decision of the city council.
(B) 
Acts which could constitute a violation of chapter 171 of the Texas Local Government Code which requires city council members and the mayor to file a conflict of interest disclosure statement disclosing any business relationship with a person or commercial or nonprofit business doing business with the city or being considered by the city for a business relationship and meets the other requirements of chapter 176.
(C) 
Acts which could constitute a violation of chapter 553 of the Texas Government Code, which requires the filing of an affidavit before the date the city will acquire a property in which city officials or employees have a legal or equitable interest.
(2) 
City conflicts of interest.
In addition to any state law conflict of interest and disclosure statutes, a city official shall not take any action that he or she knows is likely to directly affect, in a beneficial way, the economic interests of:
(A) 
The city official;
(B) 
His or her parent, child, spouse, or other family member within the third degree of affinity or within the third degree of consanguinity;
(C) 
His or her outside client;
(D) 
A member of his or her household; or
(E) 
Any outside employer of the city official or employee or of his or her parent, child, spouse, or member of the household.
(3) 
Recusal and Disclosure.
Should a conflict arise, the city official who is in conflict shall recuse him or herself from the time that the conflict is or should have been recognized. Further the city official shall:
(A) 
Immediately refrain from further participation in the matter, including discussions with persons likely to consider or participate in the matter.
(B) 
File the appropriate form with the city secretary's office within three business days disclosing the nature and extent of the prohibited conflict.
(C) 
Promptly bring the conflict to the attention of the presiding officer of the body or the mayor, who may reassign responsibility for handling the matter to another person, if the city official has been tasked with any duties prior to the disclosure.
(D) 
Promptly disclose the conflict to other members of the council, board, commission, or committee in which he or she serves and shall not be present during the discussion of, or voting on, the matter. If the conflict involves the city manager, the city manager shall promptly inform the mayor and the city council of any conflict.
(E) 
Not participate in the discussion of, or voting on, the matter from the dais.
(F) 
This article does not relieve a city official from complying with any other obligations required by federal or state law or other articles in the City's Code of Ordinances.
(G) 
A city official may discuss the matter over which they have declared a conflict as part of the process to transition the matter to another official for handling in their place.
(H) 
A city official, after making the disclosure of a conflict of interest, may submit a written explanation to the city secretary, with any further explanation of the circumstances surrounding the conflict and may request a waiver of conflict allowed by this article.
(4) 
Waiver of conflicts.
The city council may waive a conflict of interest under subsection (i)(2) (i.e. city conflict of interest) if the council, believes waiver is in the best interest of the city. Such a waiver can occur only if the city official with the conflict properly files the appropriate disclosure form with the city secretary's office. The council may only waive a conflict of interest for city conflicts of interest (Subsection (i)(2)) and may not waive any other violation of this chapter or any violation of state law.
(5) 
Disclosure form.
A city official disclosing a conflict of interest shall utilize the form approved by the city secretary's office. The city secretary's office is authorized to create any additional forms required for the enforcement of this chapter. The city secretary must have such forms available to any city official who requires them.
(f) 
City Information.
(1) 
A city official or city employee shall not use his or her position to obtain official information about any person or entity for any purpose other than the performance of official duties.
(2) 
A city official or employee shall not intentionally, knowingly, or recklessly disclose any confidential information gained by reason of said official or employee's position concerning the property, records, operations, policies, litigation, or affairs of the city, including those items discussed in closed or executive session. This rule does not prohibit any reporting of illegal or unethical conduct to authorities because of a court order or when required to disclose the information under the law.
(3) 
City officials and employees shall respect the confidentiality of information concerning city property, personnel, or proceedings of the city. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their or any other person's personal interests.
(g) 
Use of public resources.
A city official or employee shall not use, request, or permit the use of city resources, facilities, equipment, supplies or staff time for private gain or personal purposes (including political purposes), except:
(1) 
For a public purpose that is directly related to the governmental responsibilities of the city; or
(2) 
When those resources are lawfully available to the public.
(h) 
Representation of private interests.
(1) 
With Compensation.
A city official shall not represent for compensation, or for a promise of future compensation, any person, group, or entity, other than himself or herself, or his or her spouse or minor children, before the city boards, commissions, and committees. For the purposes of this subsection, the term compensation means money or any other thing of value that is received, or is to be received, in return for or in connection with such representation. For this definition, the compensation does not need to be provided by the person, group, or entity represented by the city official.
(2) 
Without compensation.
A city official shall not represent any person, group, or entity, regardless of whether compensation is provided, before the city boards, commissions, and committees as a principal spokesman for such person, group, or entity. The city official may represent himself or herself, or his or her spouse or minor children, as long as such representation is specific to the official, his or her family, or property. While a city official may sign petitions and count, as a citizen, for purposes of counting community input, city officials must avoid the appearance their position provides insider knowledge or treatment. As a result, a city official cannot be a spokesperson or principal advocate before the city for another person or associated group or entity with a common purpose.
(i) 
Representation in litigation adverse to the city.
(1) 
City officials or employees shall not represent any person, group, or entity, other than himself or herself, or his or her spouse or minor children, in any litigation to which the city is a party, if the interests of that person, group, or entity are adverse to those of the city.
(2) 
City officials or employees shall not aide any person, group, or entity, other than himself or herself, or his or her spouse or minor children, in any litigation where the city is a party and the interests of that person, group or entity are adverse to those of the city.
(3) 
A person who is classified as a city official only because he or she is an appointed member of a board, commission, or committee shall not represent any person, group, or entity, other than himself or herself, or his or her spouse or minor children, in any litigation to which the city is a party, if the interests of that person, group, or entity are adverse to the interests of the city and the matter is substantially related to the official's duties to the city.
(j) 
Former city officials and employees.
(1) 
Former city officials or employees shall not use or disclose confidential government information acquired during service as a city official or employee. This rule does not prohibit any disclosure that is no longer confidential by law, or the confidential reporting of illegal or unethical conduct to authorities designated by law.
(2) 
Former city officials or employees shall not represent for compensation any person, private group, or private entity, other than himself or herself or his or her spouse or minor children, before the city for a period of two years after the resignation or termination of his or her official duties. For purposes of this subsection, the term compensation means money or any other thing of value that is received, or is to be received, in return for or in connection with such representation. Such includes but is not limited to such former city official not representing any person, group, or entity:
(A) 
Before that board, commission, or committee in which he or she served;
(B) 
Before city staff having responsibility for making recommendations to, or taking any action on behalf of, that board, commission, or committee, unless the board, commission, or committee is only advisory in nature; or
(C) 
Before a board, commission, or committee which has appellate jurisdiction over the board, commission, or committee of which the former city official was a member, if any issue relates to his or her former duties.
(k) 
Policy role of city officials and employees.
Except as provided by city charter or ordinance, city officials shall not interfere with the administrative functions of the city or the performance of an employees' official duties; nor shall they impair employees' ability to implement city council policy decisions.
(Ordinance 555 adopted 1/14/2025)
As an expression of the standards of conduct for city officials and employees expected by the city, this code is intended to be self-enforcing. It therefore becomes most effective when city officials and employees 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, and committees and newly elected and appointed officials and new city employees, entering office or beginning employment, including those appointed to boards, commissions and committees shall sign a statement affirming they have read and understood the code of ethics. In addition, the code of ethics shall be reviewed no less than every five years, to determine if amendments are needed or desired.
(Ordinance 555 adopted 1/14/2025)
(a) 
Authority.
The city council has the authority to investigate written complaints of alleged violations of the code of ethics by a member of the city council. The city council further has such authority regarding a member of a city-appointed board, commission or committee. The city council may adopt reasonable rules and regulations for handling complaints against members of the city council and all other city officials which are not inconsistent with the city charter or this chapter. In individual circumstances, the city council may appoint an ethics commission to hear specific written complaints and make recommendations to the city council. The city manager has the authority and duty to investigate written complaints against city employees alleged to have violated this article.
(b) 
Ethics compliance officer.
(1) 
Designation.
The city attorney or his attorney designee, shall serve as the ethics compliance officer for the city. The ethics compliance officer shall function as legal counsel to the city council and any ethics commissions created by the city council on matters related to enforcement of this article. As legal counsel, the ethics compliance officer shall not represent any person or party in any proceeding before the city council or any ethics commission in relation to a complaint or investigation.
(2) 
Authority and duty.
The ethics compliance officer shall also have the duty to review alleged ethics complaints to ensure the written complaint meets the required form as stated in this article prior to the submission to the city council or any ethics commission. In reviewing alleged ethics complaints, the ethics compliance officer shall not determine the truth of the factual matters alleged but shall determine whether the facts alleged could constitute a violation under the code of ethics and conduct, if proven true. Should the ethics compliance officer determine that the facts alleged would not constitute a violation of the code, even if true, the complaint shall be dismissed by the ethics compliance officer. If the ethics compliance officer determines the complaint meets the minimum form requirements and could constitute an ethics violation if proven true, the ethics compliance officer shall forward such complaint to the city manager, city secretary and city council.
(3) 
Notice of defects in form.
If the ethics compliance officer determines an alleged complaint is defective in form, the complainant must be advised of the defect and given a reasonable opportunity to correct any defects in the form of the complaint, but no longer than ten (10) business days. Should the complainant refuse to correct or fail to correct any defects in form, the ethics compliance officer shall dismiss the complaint as noncompliant. Should the ethics compliance office determine the complaint is against an employee under the city manager's control, the ethics compliance officer shall forward the complaint to the city manager's office and dismiss the complaint filed with the city council or ethics commission.
(4) 
Appointment of independent outside attorney.
Should a conflict arise with the city attorney, or the city attorney or city council determines he or she cannot perform the duties required of the ethics compliance officer regarding a specific complaint, the city attorney, with the city manager's approval, or city manager may appoint an independent outside attorney, to serve as the ethics compliance officer for a particular complaint, investigation, or scenario. Such independent outside attorney shall have the same duties and authority of the ethics compliance officer and shall be entitled to reasonable compensation as determined by the city manager for the duties performed. Should the city manager not be able or willing to consent or make an appointment of an independent outside attorney, then such appointment shall be made by the mayor.
(c) 
Written ethics complaint.
(1) 
Form.
A complaint filed under this article shall be submitted on the form adopted by the city secretary's office.
(2) 
Completed form required.
A person reporting a suspected ethics violation must fill out the form completely and submit the form to the city secretary's office.
(3) 
Minimum requirements of form.
A complaint shall contain the following minimum requirements:
(A) 
The name, mailing address, and telephone number of the person submitting the complaint;
(B) 
The name of the person(s) whom is/are alleged to have committed a violation of the code of ethics and their position and/or title held or formerly held;
(C) 
Identify the specific code of ethics provision alleged to have been violated;
(D) 
The date(s) of the acts constituting the alleged ethics violation(s); including the facts supporting specific provision(s) of the ethics code that are alleged to have been violated;
(E) 
The ethics complaint form is sworn to before a notary public or other person authorized by law to administer oaths under penalty of perjury.
(4) 
Additional form requirements permitted.
The city secretary may adopt additional requirements for the complaint form as deemed necessary but may not reduce the requirements established by this section of the code.
(5) 
Limitations period.
No ethics complaint will be considered if the actions of the city official or employee occurred more than three (3) years prior to the date of the filing of the complaint. The termination, resignation, or forfeiture of a member of the city council, any member of a city-appointed board, council, commission or committee, or an employee does not affect the authority of the city council or city manager to investigate and act upon any alleged violations occurring prior to the date of said termination, resignation, or forfeiture.
(d) 
Intake of complaint.
All completed written complaints must be filed with the city secretary's office. If the complaint is against the city secretary, the complaint must be filed with the city manager. If the city secretary's office receives a completed ethics complaint form regarding the conduct of a city official, the city manager, or his or her designee, or a city employee, the city secretary shall forward the complaint to the ethics compliance officer for review within ten (10) business days of receipt. A complaint shall not be forwarded to the city council or any board or commission or member of any board or commission until the complaint has been reviewed by the ethics compliance officer. If the complaint is against the ethics compliance officer, the complaint shall be forwarded to the city manager, who shall appoint an independent ethics compliance officer.
(1) 
The ethics compliance officer shall review the complaint under the standards set forth in this article.
(2) 
If the ethics compliance officer determines a complaint is defective in form, the officer shall give the complainant the opportunity to correct the complaint under the requirements of this article.
(3) 
If the ethics compliance officer determines a complaint does not allege a violation of the ethics code by a city official, the ethics compliance officer shall dismiss the complaint for noncompliance. A complaint dismissed for noncompliance shall be forwarded to the complainant, the city manager, and the city official or employee who was alleged to have violated the code of ethics along with the ethic's compliance officer's written dismissal determination.
(4) 
If the ethics compliance officer determines a complaint meets the minimum requirements for a complaint and does allege a violation of the ethics code if the factual allegations are proven to be true, the ethics compliance officer shall forward to the city manager, city secretary and city council the complaint along with the officer's written determination that the complaint meets the minimum requirements for a complaint. The ethics compliance officer shall also notify the complainant and city official accused of violating the ethics code the complaint has been forwarded to the city council.
(5) 
All complaints are confidential until such time as they are either dismissed, or a public hearing occurs regarding the complaint.
(e) 
Frivolous complaints.
No person may file a frivolous complaint against a city official or entice or facilitate the filing of a frivolous complaint by another person. Such determination applies to complaints considered by the city council as well as complaints dismissed by the ethics compliance officer for failing to meet the minimum requirements of this article. If a complaint is determined to be frivolous, the city council can impose a penalty on the complainant, including but not limited to the costs incurred by the city related to the complaint. The city council may adopt by ordinance rules of procedures and substance regarding penalties. The city council is authorized to determine if a complaint is frivolous and if the complainant acted intentionally, knowingly or recklessly when filing or enticing to file. If a complaint is determined to be frivolous, the complaint shall be dismissed, and the complaining person shall be sanctioned by any means allowed by this article. Such sanction shall include holding the complainant responsible for the reasonable administrative costs of handling the complaint, including but not limited to any attorney's fees or investigator fees incurred by the city because of the complaint. A frivolous complaint is one which is:
(1) 
Groundless;
(2) 
Is filed with apparent disregard for the merits of the underlying facts;
(3) 
Is filed without reasonable inquiry;
(4) 
Is filed primarily to inflict political harm on the city or the official; or
(5) 
Is filed for the purpose of harassment, intimidation, or to assert an undue influence over any city official or employee.
(Ordinance 555 adopted 1/14/2025)
(a) 
If a complaint is filed against a city official, the ethics compliance officer must first determine whether a complaint meets the minimum requirements of this article before any investigation can occur.
(b) 
If the ethics compliance officer issues a written determination a complaint meets the minimum requirements of this article, the ethics compliance officer may collect and transmit to the city council documents related to the complaint so the council can determine whether further investigation should be pursued. However, once transmitted to the city council, the ethics compliance officer may not dismiss the complaint without first obtaining approval of the city council.
(c) 
No action may be taken sustaining a complaint against a city official or employee until the city official or employee has been given a copy of the complaint and given a reasonable opportunity to provide a response. The ethics compliance officer may set a time for the city official or employee to respond but must provide the city official or employee a minimum of ten (10) and no more than thirty (30) calendar days to respond.
(d) 
City council to determine investigative path: After the time set by the ethics compliance officer for a response has passed, the city council shall decide the specific investigation path to undertake from the following:
(1) 
If the complaint alleges a charter violation against a member of the city council or the mayor, the city council shall set an executive session to initially hear the complaint and be presented with any initial investigation which may have occurred. The city council may then discuss the matter in open session, dismiss the complaint or hold a public hearing on the complaint consistent with the city charter.
(2) 
If the complaint alleges ethics code violation(s) against any city official, the city council may:
(A) 
Hold a public hearing before the city council to consider and decide the complaint;
(B) 
Create an ad hoc ethics committee or commission specifically to address the complaint and make recommendations back to the city council for any determinations;
(C) 
Retain an outside investigator to investigate the complaint or any portion of the complaint who shall make recommendations back to the city council for any determinations. The city council may delegate such authority as needed to the outside investigator as deemed appropriate by the city council;
(D) 
Dismiss the complaint;
(E) 
Determine the complaint is frivolous; or
(F) 
Take any other actions authorized by law to address the complaint.
(e) 
Public hearings - ethics complaint:
(1) 
Any public hearing conducted by the city council or a committee or commission, must post the agenda item as addressing an ethics complaint and must identify the city official or his or her office, but may not disclose the factual grounds of the complaint on the agenda.
(2) 
The complainant and the city official against whom a complaint is brought are entitled to notice of any public hearing set to consider the complaint, its date, time and location separate and apart from receiving a posted agenda. A public hearing cannot be set prior to ten (10) business days after the city official is given a copy of the complaint.
(3) 
At any public hearing, the complainant must appear in-person and is responsible for presenting the complaint. The complainant bears the burden of establishing facts supporting the complaint. To present testimony, the complainant must be placed under oath.
(4) 
The city official subject to the complaint must appear in-person and shall be entitled to speak at the public hearing if placed under oath.
(5) 
While the public may provide comments to any action item on an agenda, the public shall not provide testimony or evidence at a public hearing regarding a complaint unless such member of the public is placed under oath.
(6) 
The city council, committee or commission considering the complaint is authorized to ask questions of the complainant, the city official accused, and any witness. No one presenting testimony may be cross-examined by anyone other than the city council, committee or commission considering the complaint.
(7) 
The city council, committee or commission considering the complaint may subpoena the complainant, the city official, or any other individual needed by the city council, committee or commission to consider the complaint as well as command the presentation of documents and other evidence. The city council, committee or commission considering the complaint may administer oaths and issues subpoenas through the presiding officer, may compel testimony, and may hold such meetings and hearings as deemed necessary to consider and determine the complaint.
(8) 
At any public hearing, the ethics compliance officer shall provide legal advice to the city council, commission, or committee considering the complaint. The ethics compliance officer may also present any initial collection of information obtained. However, the ethics compliance officer is not to prosecute the complaint in front of the city council, commission, or committee but must provide legal advice and guidance.
(9) 
Evidence and documents may be given to the city council, committee or commission considering the complaint in executive session. All live testimony must be presented in open session and in-person, absent an express authorization from the city council to appear virtually.
(10) 
All evidence presented during the public hearing is to be presented to the city council, commission, or committee. Such public hearing is not to be used as a presentation to the public, but is limited to the city council, commission or committee investigating the complaint for a determination. All witnesses must only address the city council, commission, or committee considering the complaint. The city council, commission, or committee considering the complaint may adopt reasonable rules and procedures for conducting any business involving the complaint.
(11) 
The city council commission or committee may consider and deliberate regarding part or all of the evidence or testimony in executive/closed session as permitted by law but is not required to hold such executive/closed session.
(f) 
Determination and findings:
(1) 
Delegation.
The city council may delegate to a committee or commission the ability to make a determination on a complaint for all alleged violations except charter violations. When such a delegation is made, the city official must be provided the opportunity to appeal to the city council from any such determination which imposes a penalty or any corrective action. The city council may consider the appeal based on a review of committee or commission records or may hold its own investigatory hearing on the appeal.
(2) 
Vote and resolution.
The city council, committee or commission making a determination on a complaint shall make such determination by majority vote, which shall be memorialized in a subsequent resolution. For charter violations, the voting requirements of the charter control.
(3) 
Council action final.
Any determination made by the city council, whether originally or through the appeal process, regarding a complaint against a city official and any penalty or corrective action assessed is a final decision and is not appealable.
(Ordinance 555 adopted 1/14/2025)
(a) 
For complaints against city employees, the city manager must give the accused employee a copy of the complaint within ten (10) business days of being forwarded the complaint by the ethics compliance officer.
(b) 
The city employee accused must be given ten (10) business days to submit a written response. However, the city manager, at any time, may place the employee on administrative leave pending a determination.
(c) 
The city manager has full authority and all options available to address a complaint just as if it were a regular personnel matter under the city's personnel policy manual.
(d) 
The decision of the city manager is final.
(Ordinance 555 adopted 1/14/2025)
(a) 
Council authority.
If a city official or complainant are found to be in violation of this article, the city council or a designated committee or commission may:
(1) 
Censure the city official or complainant with a formal public reprimand;
(2) 
Remove the city official or complainant from their office, if allowed by law;
(3) 
Impose a corrective action plan for the city official to prevent future violations or similar violations;
(4) 
Remove, reassign, alter, or otherwise modify the city official's duties and responsibilities as the council deems appropriate given the specific violation found;
(5) 
Require the city official to undergo specific training, education, or counseling;
(6) 
Impose an administrative fine not to exceed $500.00 for each violation found, which can also be imposed upon former city officials;
(7) 
Sanction the city official or complainant, including but not limited to making the official or complainant responsible for any administrative costs associated with considering the complaint. Such administrative costs include, but are not limited to, attorney's fees and investigator fees incurred by the city related to the complaint;
(8) 
Impose any penalty allowed by law within the councils' authority; or
(9) 
Any combination of the above.
(10) 
A city official who is found to have violated any provisions of this article is guilty of official misconduct.
(b) 
Failure to comply.
(1) 
Any failure of any person to comply with a penalty, sanction, or corrective action imposed by the city council, commission or committee making such determination shall be guilty of contempt of the body. The body hearing a complaint may also determine if any person has failed to comply with their requirements to give truthful testimony under oath and such failure shall also constitute contempt of the body. The body imposing such a penalty, sanction, or corrective action must formally declare the person in contempt after providing notice and a reasonable opportunity to explain the noncompliance.
(2) 
A finding of contempt shall be a finding of official misconduct. If the body determines the contempt was intentional, such finding constitutes an act of moral turpitude. A finding of contempt may also include an administrative penalty not to exceed $500.00 for each finding of contempt.
(3) 
No person may serve on a city board, commission, committee, council or otherwise volunteer or be employed with the city if the person:
(A) 
Has been found in contempt under this article but only for five years following the finding;
(B) 
Owes the city a debt imposed under this article; or
(C) 
Both.
(4) 
The city secretary shall maintain a list of all city officials and employees found in violation of this article.
(5) 
The city may enforce a penalty, sanction, or corrective action imposed by the city council, commission or committee under this article by any means authorized by law.
(Ordinance 555 adopted 1/14/2025)