The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
City employee
means any person employed by the city, including the waterworks system and Valley International Airport, and including those individuals employed on a part-time basis.
City officer
means the mayor, members of the city commission, the city manager, assistant city manager, HWWS general manager, VIA manager, city attorneys, city secretary, municipal court judges, and each member and alternate member of all city boards, commissions, and committees, including ad hoc committees appointed for specific projects.
City official
means a city officer or city employee.
(Code 1997, § 34.36; Ordinance 06-39, adopted 7/19/2006)
(a) 
It is the policy of the city that the proper operation of democratic government requires that city officials be independent, impartial and responsible to the people; that governmental decisions and policy be made through the proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government and its governmental officials.
(b) 
The purpose of this article is to establish a code of conduct and enumerate existing state laws which, in addition to other applicable laws, regulate the conduct and activities of city officials and city employees, and to establish such additional standards as deemed necessary and appropriate to ensure the faithful and impartial administration of the city's government.
(Code 1997, § 34.35; Ordinance 06-39, adopted 7/19/2006)
In order to more fully establish and implement the policy in this article, to ensure that all city officials act and conduct themselves both inside and outside the city's service so as to give no occasion for distrust of their integrity, and to avoid even the appearance of impropriety by any city official, the following standards of conduct are adopted:
(1) 
Prohibition against granting special consideration.
No city official shall 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. This shall not prevent special considerations authorized and granted by the city commission, the Development Corporation of Harlingen, Inc., the public improvement district (PID), and other city boards, commissions and committees for the purpose of creating incentives necessary to secure or retain employees or to support and enhance economic development in compliance with the Texas Constitution and state law.
(2) 
Prohibition against appearances on behalf of private interests.
a. 
No city official shall represent or appear on behalf of private interests of others before any agency or department of the city, or any city municipal court, board, commission, committee, or city commission concerning any civil or criminal case, administrative hearing, disciplinary action, project, proposal, or matter over which the city official exercises any discretionary authority, either directly or indirectly, nor shall a city official represent any private interest of others in any action or proceeding, civil or criminal, involving the city or any of its employees appearing in an official capacity or as a witness, nor voluntarily participate on behalf of others in any litigation to which the city is a party or any of its employees appearing in an official capacity or as a witness, unless authorized by the city. For example, a city official who is an attorney is prohibited from representing any person in litigation in which a city police officer is, or may be, a witness in his official capacity.
b. 
Provided that a member of a board, commission (not including the city commission) or committee of the city is not prohibited from appearing or representing any private interests as set out above so long as the board, commission or committee on which such member services has no jurisdiction or discretionary authority over the particular matter or city employee involved therein, as a witness or otherwise.
(3) 
Prohibition against securing special privileges, consideration or exemption.
No city official shall use his official position to secure special privilege, or consideration, or exemption for himself or for others.
(4) 
Gifts.
a. 
No city official shall accept or solicit any contribution, gift or favor that is:
1. 
Solicited, offered or given with the intent to influence the judgment or discretion of such city official; or
2. 
Solicited, offered or given in consideration of the favorable exercise of such city official's judgment or discretion in the past.
b. 
To avoid even the appearance and risk of impropriety, city officials shall not solicit or accept any gift, favor or benefit from any person doing business with, seeking to do business with, or being regulated by, the city.
c. 
As used in this subsection (4), the term "gift" means a favor, hospitality, economic benefit, product or item having a value of $100.00 or more.
1. 
A gift does not include campaign contributions reported as required by state law, or money, items, or benefits received from a relative if given on account of kinship, or any value received by will, intestate succession, or as a distribution from an inter vivos or testamentary trust established by a spouse or ancestor;
2. 
A gift does not include pens, pencils, calendars, T-shirts, caps and similar items containing logos, slogans, company names or other marketing material and commonly given out for advertising purposes.
3. 
A gift does not include food, lodging, transportation, or entertainment accepted as a guest if the benefit is used solely to defray expenses which accrue in the performance of duties or activities in connection with office which are nonreimbursable by the city or which are in excess of the amount reimbursed by the city.
(5) 
Disclosure or use of confidential information.
No city official or former city official shall disclose any confidential information gained by reason of his office or employment with the city, including executive sessions, or use such confidential information to advance any personal interest, financial or otherwise, of such official or others.
(6) 
Use of city property for personal use.
No city official shall use city supplies, equipment, vehicles, or facilities for any purpose other than the conduct of official city business, unless otherwise specifically provided for by law, ordinance, or city policy. This section shall not apply to minimal personal use of city supplies, equipment or facilities, such as infrequent and reasonable use of city phones for personal matters.
(7) 
Incompatible outside activities.
No city official shall engage in any outside activity which will conflict with, or be incompatible with, his city office or employment.
(8) 
Incompatible employment.
No city official shall accept outside employment which is incompatible with the full and proper discharge of his duties and responsibilities with the city, or which might impair his independent judgment in the performance of his public duty.
(Code 1997, § 34.37; Ordinance 06-39, adopted 7/19/2006; Ordinance 07-18, adopted 3/7/2007)
(a) 
A complaint against a city officer or city employee for violating any of the provisions of this article may be filed with the appropriate law enforcement agency.
(b) 
In the event of a prosecution of this article in which all of the municipal court judges find that there is a conflict of interest or other valid reason that they cannot or should not preside over a prosecution under this article, the presiding municipal court judge shall appoint a special judge, with the consent of the city attorney, to preside.
(c) 
Violations of this article shall be punished as provided in section 1-7.
(Code 1997, § 34.40; Ordinance 06-39, adopted 7/19/2006)